Representatives of organised labour and the employer at the General Public Service Sector Bargaining Council (GPSSBC) identified a need to introduce a dispensation for the release and full-time secondment of Trade Union Office Bearers.
The parties have done this by consolidating and rationalising two collective agreements relating to the appointment and amendments of full-time shop stewards at the GPSSBC into a single collective agreement.
The consolidated resolutions are the GPSSBC resolution 3 of 2001 which deals with the appointment of full-time shopstewards and GPSSBC resolution 1 of 2004 which was subsequently entered to specifically deal with amendments to the full-time shop stewards’ agreement.
The two collective agreements have been consolidated into a single collective agreement for ease of reference and better efficiency in the management of the full-time shop steward’s dispensation in the General Public Service Sector.
Objectives of the collective agreement.
- To provide for a dispensation for full-time shop stewards and release of trade union office bearers in the General Public Service in terms of PSCBC resolution 11 of 1998.
- To regulate and determine the number of full-time shop stewards and released trade union office bearers in the general public service sector.
- To give effect to the provisions of clause 3.2 of the PSCBC resolution 11 of 1998; and to consolidate GPSSBC resolution 3 of 2001 and 1 of 2004 for seamless implementation and ease of reference.
In terms of the newly introduced dispensation of full-time shopstewards, unionists who want to be appointed as full-time shopstewards must be permanently employed in the sector, but not in a critical post as or be appointed above salary level 8.
The full-time shopstewards must be elected or nominated by their respective admitted trade unions, where their membership is in good standing.
However, the eligibility may be lifted in exceptional circumstances by agreement of the respective trade union and the employer represented by the Head of Department.
In considering whether an exception ought to be made, parties may consider the burden and complexity of labour relations work required to be performed by the full-time shopstewards; the nature and type of negotiations that full-time shopstewards will be involved in as well as the nature and number of disputes that may arise.
Maximum number of full-time shopstewards
One full-time shopstewards for every 5000 members in the sector, provided that each trade union party to the agreement shall not have less than 11 full-time shopstewards.
The total number of trade union members must be based on the audited membership figures for each trade union in the sector as determined by the General Secretary of the Council at its Annual General Meeting.
Deployment of full-time shopstewards
Elected or nominated full-time shopstewards shall be released and seconded to the trade union for the duration of their term of office.
Once a trade union has nominated its full-time shopstewards, they are expected to furnish the Office of the Chief Negotiator of the employer and Council with a comprehensive list of the employees being nominated for the secondment, which should include names, ranks, positions and contact details of those nominated as full-time shopstewards.
Trade unions are also expected to request the release of the nominated persons from their respective departments in writing.
The submission of the list and the request for release of full-time shopstewards must be submitted by September of the year preceding the one for which the appointment is sought.
Departments may be allowed a maximum of 60 days for the Executive Authority or his/her delegate to release the respective full-time shopsteward.
Once the request is received, the employer will in considering the request, apply the eligibility criteria.
If the request for release is approved, the employer will issue a letter confirming the release and secondment of the nominated full-time shopstewards.
The trade union should undertake to inform all its members of the contact details of its elected full-time shopstewards for the provincial and national departments.
Term of Office
The term of office of the full-time shop stewards shall commence on January 1 of the first year of appointment and shall be determined by the relevant trade union and shall be renewable annually.
When the term expires, the full-time shopstewards shall immediately report for duty at his/her previous position as per the provisions of the agreement.
Where the trade union withdraws the name of the released full-time shopsteward for whatever reason, the full-time shopsteward shall immediately report for duty at their previous position.
The position of the full-time shopsteward will be protected for the duration of the secondment, unless circumstances dictated otherwise, and the union concerned will be consulted prior to any final decision.
The two trade unions that signed the newly introduced dispensation for the release of full-time shopstewards are the National Education, Health and Allied Workers Union (NEHAWU), the Police and Prisons Civil Rights Union (POPCRU).
