How Closed-Shop Agreements Impact Representation

The point of departure when dealing with a matter of representation is first to identify and interpret the condition that is attached to it. Closed-Shop Agreements, as contained in Section 25 of the Labour Relations Act (LRA), refer to a Collective Agreement between a majority Trade Union and an Employer, which dictates that Employees must be Members of that majority Trade Union. The question then arises whether the Collective Agreement impacts representation at the Commission for Conciliation, Mediation and Arbitration (CCMA) when the Employee elects a different Trade Union other than the majority Trade Union to represent them.

Rule 25 of the CCMA Rules states that a party can be represented by a registered Trade Union. The matter of representation by a Trade Union is also a Constitutional right as contained in the Constitution of the Republic of South Africa. Section 23 of the Constitution grants individuals the "Freedom of Association" to form and join Trade