S.L. 452.112 Art. 7Recognized union and another union seeks recognition.

(1) Where there is a recognized union at the place of work, no claims by another union or unions can be made during the period starting three months before the expiry of a collective agreement up to three months after the expiry date of that collective agreement. If a new collective agreement is not yet concluded upon the lapse of three months from the date of expiry of the collective agreement, if a claim for recognition has been lodged, any negotiations on the pending agreement should be stopped until the verification process is concluded in terms of these regulations.

(2) Without prejudice to sub-regulation (1), where there is a recognized union at the place of work and a union seeks to be recognized in relation thereto, if:

(a) the requesting union fails to supply any requested information as required within forty eight hours from the request, it shall be presumed that the union does not have more than 50% of the employees concerned as its members; or

(b) the requesting union has less than 50% of employees as its members as ascertained by the Director on comparing the list of union members submitted by the union and that of the employees submitted by the employer, the verification process shall be considered as having been completed, and the Director shall inform the employer and the requesting union accordingly, and in such cases:

(i) the requesting union shall have no right to be recognized and

(ii) no further request for recognition may be made by the requesting union until the expiry of one year period from the date of the request.

(3) Where there is a recognized union and a union seeks to be recognized, if the latter union has more than 50% of the employees as its members, as ascertained by the Director on comparing the list of union members submitted by the union and that of the employees submitted by the employer, a ballot in terms of these regulations shall take place unless the recognized union withdraws from the verification exercise, in which case the Director shall inform the employer and the requesting union accordingly and the employer shall grant recognition to the requesting union:

Provided that where the recognized union does not withdraw from the verification exercise and a ballot in terms of this sub regulation has to take place, the Director shall request the recognized union the list and all the information required by regulation 4(3)(a) and the recognized union shall comply with the request within forty-eight hours.