Closed Shop Agreement Section 23

In some cases, trade unions have a monopoly on a particular sector and on companies in that sector. If this happens, all companies in a sector have to hire union workers, and they call it “closed shop”. However, the LRA`s transaction provisions provide, at best, for certain safeguards when an employer and a majority union are considering entering into a trade agreement. It is precisely for this reason that closed shop agreements are so rare in South Africa and elsewhere. Of these three types of union agreements, the agency-boutique contract allows the greatest flexibility. Workers may choose to remain non-members of the declared union as long as they pay the necessary dues to the union. A closed shop agreement is found under the terms of an employment contract. Here you will find that in order to remain employed by the related company, you must be a respected member of the specific union that is bound by contract. This means that the company is required to fire any employee who decides to leave the union or lose their bon status. It is quite clear why an employer would choose not to enter into such an agreement. Most employers consider, perhaps rightly, that in-store agreements are reprehensible.

Why give a union the right to have all our employees become members who ask for it? Also, why should we agree with what is becoming more of a condition of employment? Pre-agreements prevent companies from hiring employees who are not members of the union in the agreement. Post-entry agreements require all employees recruited by the company concerned to join a specific trade union within a specified period of time as soon as they have been recruited. In short, a company agreement concluded is a collective agreement in which a majority union and an employer agree that it is a condition of employment that all workers must be members of the majority union. Some established unions, which fear the entry and influence of more recent unions, have attempted to strike business deals to thwart the entry of new unions, think AMCU and LAMUSA, into their strengthened historical positions. . . .