Labour and HR Club Q&A
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"Labour Organization"

AMCU applied for org rights with my company in 2014 & got granted. Since then the relationship has just been not good as they are not cooperatives with any of the company' standards.

AMCU refuses to bargain, attend collective meetings and fighting every cgange within the company and the othe 2 union are just cooperative and understanding for past 6 years.

The company is under Business Rescue and all the briefing from the Practitioner, AMCU is just not interested.
Last month AMCU referred a dispute to CCMA for overtime calculation, which again failed to attend and the commissioner issed an award to the employer for arbitration.

AMCU was requested to come and sit with management in resolving the matter, they refused to attend the meeting, now the company is not sure where to from here.

What are the chances of de-recognising AMCU for their insurbodination, we have been sending this complains to their Region with no luck as they are the one influencing their committee negatively but still doent assist them. The company only has 360 employees

Added to
  • Trade unions
  • Insurbodination and discipline

 User  asked at 19 Jul. 2016


1 answer

Wouter Van Heerden
 Expert Wouter Van Heerden answered to question to 26 Jul. 2016
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You would have to look at the terms of the recognition agreement and how that agreement allows the employer to take action in this regard for non-attendance. You would have to look at the number of employee`s represented by AMCU currently and see if there isn`t a reason to give them notice that they don`t have sufficient / majority representation. If they are not interested in attending meetings and cooperating I would ignore them and proceed until they take matters serious and support the cause.

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