Common use of CLOSED SHOP Clause in Contracts

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 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 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.