Question 2 Mike’s mechanicals are a company with 250 employees of whom 200 have joined an allied labour union. The union

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Question 2
Mike’s mechanicals are a company with 250 employees of whom 200
have joined an allied labour union. The union wants Mike’s to
afford it all the rights of a majority representative union in the
workplace. The union further expects Mike’s to afford its members
all their rights in terms of the Labour Relations Act. The union
wants to enter into a closed shop agreement with Mike’s. Mike, the
owner, says that his employees are not allowed to belong to a trade
union because he has a contract to supply and service certain
equipment to the South African Secret Service. The trade union
informs Mike that its members intent to go on strike if Mike
refuses to negotiate with them. Mike informs the union that all its
members will be dismissed if they take part in any strike or if
they take part in any union activities. The union is considering
further action, by taking the matter to the
CCMA.
2.1 Does the trade
union have enough members to qualify as a majority representative
union in terms of the LRA? Give reasons for your answer.
2.2 What are the
rights that the trade union are entitled to if it qualifies as a
majority representative trade union?
2.3 Do you think
that Mike is correct in his assumption that his employees are not
allowed to belong to a union because he is doing work for the South
African Secret Service? Give a reason for your answer.
2.4 What procedural
requirements must the union met if it wants its members to take
part in a protected strike?
2.5 What rights are
afforded to the employees in terms of the LRA?