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LABOUR EQUITY GENERAL WORKERS UNION OF SOUTH AFRICA

OFFICE-BEARERS

OFFICE – BEARERS, OFFICIALS AND TRADE UNION REPRESENTATIVES

The duties of the Office – bearers, Officials and Trade Union representatives shall be-

  1. OFFICE-BEARERS

    2. (a) The Chairperson at any structure shall preside at all meetings in which he/she is present, enforce observance of the constitution of the Trade Union, sign minutes of meetings after confirmation, all accounts for payments after approval by the Executive Council shall be signed by the President, the General Secretary and or the National Treasure as signatories on the banking account of the Trade Union and perform such other duties as by usage and custom pertain to the Office. He/She shall not have a deliberate vote but shall, in the event of an equality of votes, have a casting vote.

    (b) The President shall exercise the power and perform the duties as pertains to his position. And in his absence the Vice president shall.

    (c) The Executive Council shall appoint a member of the Trade Union to act as a President, who shall hold office until the President or vice President is able to assume his/her duties or in the event of the President and Vice–President being permanently unable to perform their duties ,until a new President or Vice- President has been elected at the National Congress.

  2. OFFICIALS

    3. (a) General Secretary

    (i) The General Secretary shall receive requisition for meetings of the National Congress and the National Executive Council, issue notices of meetings, conduct all head office correspondence of the Trade Union, keep originals of letters received and copies of those dispatched, and at each meeting of the National Congress or Executive Council lay on the table correspondence which has taken place since the previous meeting, attend all National Congress and Executive Council meetings and record minutes of the proceeding, issue official receipt for all money received, submit reports in regards to the financial position of the Trade Union to the National Congress and the Executive Council not less than once every six (6) months, represent the Trade Union at the Commission and perform such duties as are imposed by this constitution or as Council may direct. He / She shall attend all meetings of the Executive Councils but shall have no voting power at such meetings.

    (ii) In addition to the duties laid down in paragraph (1) above the General Sceretary shall perform the duties imposed on him / her by section 98, 99 and 100 of the Labour Relations Act, 1995, relating to the keeping of records and the furnishing of information to the registrar.

    (iii) The General Secretary may resign on giving three(3) months' notice in writing to the National Executive Council and his / her services may be terminated on a similar period of notice being given to him / her by the National Executive Council. The contract of service of the General Secretary shall be in writing.

    (b) Assistant Secretary

    The National Executive Council may appoint an assistant who shall assist the General Secretary in the execution of his / her duties. Should the General Secretary temporarily be unable to perform his / her duties the assistant Secretary shall act as a General Secretary until such time he / she is able to assume his / her duties. The provision of paragraph (a) above shall mutatis mutandis apply to the Assistant Secretary.

    (c) Organiser

    The General Secretary may appoint an organiser or organisers. The main duties of the Organiser(s) will be to enrol new members, to investigate complaints from members regarding their employment as such, to collect membership fees and to perform such other duties as the General Secretary may direct. The provisions of paragraph (111) above shall mutatis mutandis apply to Organisers.

    (d) Trade Union Representatives

    (1) The Trade Union representatives shall implement and give effect to decision of the National Congress, Executive Council or the branch Executive Committee, recruit members and generally promote their interest, represent members in matters before the commission and collect membership fees.

    (ii) In terms of section 14 (4) of the Labour Relations Act, 1995, the Trade Union representatives shall: (aa) Assist and represent the Employee in grievance and disciplinary proceedings as requested by the Employee. (ab) Monitor the Employers compliance with the Law regulating terms and conditions of Employment. (ac) Report any alleged contravention of any Law regulating terms and conditions of Employment to the Employer, Trade Union or any responsible authority or agency and (ad) Perform and other functions as the Executive Council may direct.

    ESTABLISHMENT AND CONTROL OF BRANCHES AND TRADE UNION REPRESENTATIVE COUNCIL

    1) Branches

    (a) A branch of the Trade Union may be established in any area where there are not less than 300 members of the Trade Union.

    (b) Application for the establishment of a branch shall be made, in writing, to the General Secretary by not less than 300 members in the area concerned.

    (c) The National Executive Council may in its discretion authorise the establishment of a branch and define its area of jurisdiction.

    (d) If the National Executive Council approves of the establishment of a branch, the General Secretary shall notify the members through their Regions whom the application has been received from and shall arrange for one of its Delegates or a nominee to attend the inaugural meeting of the branch. At this meeting nominations for membership of a branch Executive Committee and for a branch Secretary shall be called and the election shall take place by ballot. The person so elected shall hold office till the annual general meeting of the branch.

    (e) The National Executive Council shall have the right to dispute one or more of its members to investigate the affairs of any branch at any time and such member or members shall have access to all the records of the branch and have power to take them into custody.

    (f) When a member leaves the area of jurisdiction of any branch and continues at his / her trade in the area of another branch, he / she shall be entitled to become a member of the latter branch.

  3. Branch Office – Bearers and Officials

    4. (a) The Management of the affairs of the branch between branch general meetings shall be vested in a branch Executive Committee consisting of a Chairperson, Vice Chairperson, Treasure and General Secretary of the branch who shall be elected on nomination duly seconded and voted upon by ballot at the annual general meeting of the branch. They shall hold office until the next annual general meeting of the branch and be eligible for the re-election on termination of their period of office. The Chairperson and Vice – Chairperson of the Executive Committee shall ipso facto be Chairperson and Chairperson of the branch.

    (b) Vacancies occurring on a branch Executive Committee shall be filled at the first ensuing branch general meeting on nomination duly voted upon by ballot. Where a vacancy occurs subsequent to the date on which the notice of that meeting was issued, it shall be filled at the next ensuing general meeting. Nominations for the vacancy shall be submitted in writing to the branch Secretary at least fourteen (14) days before the meeting. A member appointed to fill a vacancy shall hold office for the unexpired portion of the period of the office of his / her predecessor.

    (c) Nominations for membership of a branch of an Executive Committee shall lodge in writing with the branch Secretary at least fourteen (14) days before the date of the annual meeting of the branch.

    (d) The branch Executive Committee shall, subject to the general direction and control of the branch general meetings and to the provisions of this constitution, have power-

    i. To admit or refuse person to membership of the Trade Union and to suspend, fine or expel any member for cause appealing sufficient to a majority of the executive committee.

    ii. To deal with disputes between members and their Employers and endeavour to settle disputes.

    iii. To appoint, from time to time, such subcommittee as it may deem fit for the purpose of investigating and reporting on matters referred to them by the Executive Committee.

    iv. To monitor the affairs of the Local office.

    v. To do such lawful things as, in the opinion of the Trade Union or its members and which are not inconsistent with the objectives set out in clause 3 or any matter specifically provided in the constitution portraying to that level of management.

    (e) Branch Office – bearers shall mutatis mutandis perform the same duties in respect of the branch concern as imposed on Office – Bearers of the Trade Union.

    (f) A branch Secretary shall be elected on nomination duly seconded and voted upon by ballot of members at the annual general meeting and shall be eligible for re-election. He / She may resign on giving one month's notice in writing to the Executive Committee and his / her services may be terminated on a similar period of notice being given to him / her by the committee. He / She may be summarily discharged by the Committee for serious neglect of duty or misconduct. In the event of the Office becoming vacant, the branch Executive Committee shall appoint temporary incumbent who shall hold office until the next ensuing general meeting, when a new Secretary shall be elected on nomination duly seconded and voted upon by ballot of members. The next new Secretary shall hold until the next annual general meeting.

    (g) In addition to their duties imposed upon him / her by this constitution or by the branch Executive Committee or general meeting a branch Secretary shall Mutatis mutandis perform the same duties as are imposed upon the General Secretary. He/She shall also collect membership fees, fines and levies and bank all moneys within two (2) days of receipt. The branch Secretary shall attend all branches General and Executive Committees meetings but shall have no voting power at Executive Committee meetings.

  4. Trade Union Representatives Council

(a) A Trade Union representative's Council may be established in any workplace where the Trade Union has not less than 300 members.

(b) An Application for the establishment of a Trade Union representative Council shall be made, in writing, to the branch Executive Committee by not less than 150 members in the workplace.

(c) If the branch Executive Committee approves of the establishment of a Trade Union representative Council the branch Secretary shall notify the members from which the application has been received and arrange for the inaugural meeting. At this meeting nominations for membership of the Executive Committee of the Trade Union representative's Council shall be called and the election shall take place by ballot.

(d) Generally the Trade Union representatives Council shall meet once a month and may be convened by the Executive Committee whenever necessary.

(e) The main duties of the Trade Union representative Council shall be to implement and give effect to decision of the National Congress, Executive Council or the branch Executive Committee, recruit members and promote their interest, investigate complaints from members in their workplace, represent members on the commission and collect membership fees.

REMOVAL OF OFFICE – BEARERS, OFFICALS AND TRADE UNION REPRESENTATIVES

  1. An Office – bearer, Official or Trade Union representative may be removed from office:

    2. (a) If he / she infringes any provisions of this constitution and

    (b) If he / she acts in a manner which is detrimental to the interest of the Trade Union.

  2. No Office – Bearer, Official or Trade Union Representative may be removed from office unless he / she has been afforded an opportunity to state his/ her case personally at the branch Executive Committee in cases where a Trade Union representative is concerned or personally at a meeting of the Executive Council in the case where a branch executive office bearer or a branch official is concerned and at a meeting consisting of branch Executive Committee where an executive council office – bearer is concerned.
  3. An Office – bearer, Official or Trade Representative who has appeared before the applicable body and who is dissatisfied with the decision of the body concerned shall have the right to appeal as follows:
  • In the case of a Trade Union representative, to the branch general meeting. Notice of appeal shall be given to the branch Secretary, in writing, within fourteen (14) days of the date on which the decision of the branch Executive Committee was communicated to the person concerned. The branch Local Executive Committee (LEC) meeting may reverse the decision of the Regional Executive Committee (REC) meeting shall hear appeal hearing then the National Executive Committee (NEC) shall be final.
  • In the case of an Office – Bearer or Official of a branch, to a meeting of Regional executive Committee (REC). Notice of appeal shall be given to the General Secretary, in writing, within fourteen (14) days of the date on which the decision of the Regional Executive Council (REC) was communicated to the person concerned. The meeting of National Executive Committee (NEC) may reverse the decision of the Regional Executive Council (REC) and the decision of the National Executive Committee meeting shall be final.
  • In case of an Office – bearer or official of the executive council, to the National Congress of the Trade Union. The appeal shall be noted in the agenda of the National Congress and the congress may reverse the decision of the National executive committees (NEC) and the decision of the congress shall be final.