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Hi there,

My company has collective bargaining unit represented by an elected union(51%). There are about 17 employees out of 100 that are not union members by choice.

Currently we undergoing the annual wage negotiation between management and the . The union declined the inflationary salary increase offered by management and have now taken the matter to the CCMA, pending dispute.

The non-union members, myself included are prepared to accept the increase offered by management as we think it is fair and we would prefer not to wait for some settlement between the and management.

Can management settle on the increase offered with non-union members or do we have to wait the outcome of the dispute?

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  • Trade unions
  • Salary negoiations

 User  Santurie asked at 05 Jul. 2016


2 answers

Wouter Van Heerden
 Expert Wouter Van Heerden answered to question to 12 Jul. 2016
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You can approach management and settle with management directly and continue to work. You don`t need to wait for a settlement later on.

 User Santurie answered the user’s Wouter Van Heerden to 27 Jul. 2016
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Thank you Mr Van Heerden for the reply. Please can you assist me further.

The Non- members submitted a letter to Management notifying them of our intention to settle on the increase offered. The Executive committee however decided to ignore our letter. They are of the understanding that since the entity has a recognised union representing the majority of the staff, the Non-union members will have to await the outcome of the dispute with the .

Staff members when appointed are given the choice to be part of the union should they desire. It is not compulsory. In addition non-union members are not allowed to attend union meetings, be privy to discussions held or vote on decisions.

Please can you advise whether we have any legal recourse in terms of the Labour Relations Act.

Much appreciated.

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