CLOSED SHOP. (1) No employer who is a member of an employers' organisation (which is a party to the Council), shall continue to employ an employee -
(a) who, while being eligible for membership of the union, is not a member of the union as at the date of coming into operation of part of the Agreement; or
(b) who does not become a member of the trade union within a period of 90 days from such date.
(c) The provisions of this clause shall apply to persons who are eligible for membership in terms of the constitution of the union or employers’ organisation or who have been refused membership of or expelled from the union or employers’ organisation.
(2) Every employer shall forward all deductions made from the remuneration of employees in respect of union membership fees to the Secretary of the Regional Chamber within fourteen days of month-end in which the deductions fall due. The Regional Chamber shall forward the amounts to the Secretary of the union, together with such analyses of the amounts as are received from employers by not later than the end of the month in which the fees were received.
(3) For this part of the Agreement no union membership subscriptions may be -
(a) paid to a political party as an affiliation fee;
(b) contributed in cash or kind to a political party or a person standing for election to any political office; or
(c) used for any expenditure that does not advance or protect the socio-economic interests of employees.
(4) Provided that the provisions of this clause will not be applicable to:
(a) clerks; or
(b) any employee to whom, in the opinion of the Regional Chamber, membership of the trade union has been refused without good and sufficient cause and the applicant has applied to the Council or Regional Chamber within 30 days of such refusal for exemption from the operation of this sub-clause; or
(c) an immigrant during the first five years after the date of his/her entry into the Republic of South Africa, provided that if any immigrant has at any time after the first 90 days of commencement of his/her employment in the Industry refused any invitation from the trade union to become a member of it, the provisions of this clause shall immediately come into operation; or
(d) a casual employee.
(5) Provided further that the provisions of section 26(3)(c) of the Act shall be observed by the parties to the Council and to whom this clause is applicable.
CLOSED SHOP. (1) No employer who is a member of an employers' organisation (which is a party to the Council), shall continue to employ an employee -
(a) who, while being eligible for membership of the union, is not a member of the union as at the date of coming into operation of this part of the Agreement; or
(b) who does not become a member of the trade union within a period of 90 days from such date.
(c) The provisions of this clause shall apply to persons who are eligible for membership in terms of the constitution of the union or employers’ organisation or who have been refused membership of or expelled from the union or employers’ organisation.
(2) Every employer shall forward all deductions made from the remuneration of employees in respect of union membership fees to the Secretary of the Cape Regional Chamber of the Council, P O Box 1142, Woodstock, 7915, not later than the seventh day of the month following that to which it refers. The Regional Chamber shall forward the amounts to the Secretary of the union, together with such analyses of the amounts as are received from employers.
(3) For this part of the Agreement no union membership subscriptions may be -
(a) paid to a political party as an affiliation fee;
(b) contributed in cash or kind to a political party or a person standing for election to any political office; or
(c) used for any expenditure that does not advance or protect the socio- economic interests of employees.
(4) Provided that the provisions of this clause will also not be applicable to:
(a) clerks; or
(b) a casual employee.
(5) Provided further that the provisions of section 26(3)(c) of the Act shall be observed by the parties to the Council and to whom this clause is applicable.
CLOSED SHOP. No employer shall continue to employ an employee:
(1) Who, while being eligible for membership of the union, is not a member of the trade union as at the date of coming into operation of this part of the agreement, or
(2) Who does not become a member of the trade union within a period of 90 days from such date
(3) The provisions of this clause shall apply to persons who are eligible for union membership in terms of the constitution of the trade union
(4) For this section of the agreement, no union membership fees accruing from the close shop provision may be:
(a) Paid to a political party as an affiliation fee;
(b) Contributed in cash or kind to a political party or a person standing for election to any political office or
(c) Used for any expenditure which does not advance or protect the socio-economic interests of employees.
(5) The provisions of section 26(3)(c) and 26(4) of the Labour Relations Act shall be observed by the parties to the Council and to whom this clause is applicable.
CLOSED SHOP. No employer who is a member of an employers' organisation (which is a party to the Council), shall continue to employ an employee –
CLOSED SHOP. ANNUAL LEAVE AND PAID PUBLIC HOLIDAYS ...............................................................................
CLOSED SHOP. All employees covered under this Agreement shall, as a condition of employment, become and remain members of the Union within thirty (30) days from the effective date of this Agreement.
CLOSED SHOP. All employees covered by and classified in this agreement’in the employ, shall be members in good standing of the Union. All vacancies shall be filled by members of the Union or by such persons, selected by the Employer, who will file application and become members thereof at its next regular meeting.
CLOSED SHOP. The Em pl oy er agrees that all employees coming under the jurisdiction of this Agreement shall be members of the Union. In the case of a person who may be employed in the future, the Employer agrees that one of the conditions of such employment shall be that such person must make application and be accepted i by the Union withirt thirty (30) days from the date of employment.
CLOSED SHOP. A provision in a collective agreement whereby all employees in a bargaining unit must be union members in good standing before being hired, and new employees must be hired through the union. Method of determining wages, hours and other conditions of employment through direct negotiations between the union and employer. Normally the result of collective bargaining is a written contract which covers all employees in the bargaining unit, both union members and non-members. A one-company group of employees, frequently organized or inspired by management and usually dominated by the employer.
CLOSED SHOP. Both national68 and international provisions69 protect the freedom of association. In its positive sense, this freedom entails the right to form trade unions and to be a member thereof. But the freedom is progressively thought to also protect the right not to be organised.70 This freedom is put at risk by closed-shop provisions: provisions in collective agreements which - in one way or another - make union membership compulsory for the employees of employers bound by the agreement. Therefore, the contents of such provisions are strictly monitored by both national and international law. Yet, not all closed-shop arrangements contravene Dutch law.71 Collective agreements may contain the duty to employ only workers who are members of a union. It is however against the law to discriminate between unions by making membership of a specific union compulsory.72 The Collective Labour Agreements (Declaration of Generally Binding and Non-binding Status) Act excludes closed-shop provisions from the decree of general applicability.73 So the closed-shop provision cannot bind the employer who is neither a contracting party nor a member thereof. Even in this attenuated form, closed-shop provisions are rare in Dutch practice. Until recently the collective agreement for publishing and printing (‘grafische sector’) did contain such a provision; at the moment, however, there are no such examples in existing collective agreements.
