Question 2

Mikes mechanicals are a company with 250 employees of whom 200 have joined an allied labour union. The union wants Mikes to afford it all the rights of a majority representative union in the workplace. The union further expects Mikes to afford its members all their rights in terms of the Labour Relations Act. The union wants to enter into a closed shop agreement with Mikes. Mike, the owner, says that his employees are not allowed to belong to a trade union because he has a contract to supply and service certain equipment to the South African Secret Service. The trade union informs Mike that its members intent to go on strike if Mike refuses to negotiate with them. Mike informs the union that all its members will be dismissed if they take part in any strike or if they take part in any union activities. The union is considering further action, by taking the matter to the CCMA.

2.1 Does the trade union have enough members to qualify as a majority representative union in terms of the LRA? Give reasons for your answer.

2.2 What are the rights that the trade union are entitled to if it qualifies as a majority representative trade union?

2.3 Do you think that Mike is correct in his assumption that his employees are not allowed to belong to a union because he is doing work for the South African Secret Service? Give a reason for your answer.

2.4 What procedural requirements must the union met if it wants its members to take part in a protected strike?

2.5 What rights are afforded to the employees in terms of the LRA?