AMCU CONSTITUTION...AMCU Constitution THE QUEST FOR TRUTH AND JUSTICE SHALL SET YOU FREE TABLE OF...

AMCU Constitution

THE QUEST FOR TRUTH AND JUSTICE SHALL SET YOU FREE

AMCU CONSTITUTION


Our AMCU | Our Land | Our Economy | Our Power | Our Way

AMCU Constitution


TABLE OF CONTENTS1. Preamble 1

2. ScoPe 1

3. Name 1

4. HeaD oFFIce 1

5. leGal STaTUS 2

6. aImS aND objecTIveS 2

7. memberSHIP 3

7.1 ELIgIbILITY 3

7.2 APPLICATION PROCEDURE 3

7.3 APPEAL AgAINST REFUSAL OF MEMbERSHIP 4

7.4 TERMINATION OF MEMbERSHIP 4

8. SUbScrIPTIoN 5

9. reGISTer 6

10. DIScIPlINe 6

11. amcU STrUcTUreS 7

11.5 bRANCH 9

12. DUTIeS oF THe braNcH oFFIce bearerS 12

13. reGIoNal STrUcTUreS 13

14. elecTIoN oF reGIoNal execUTIve commITTee 14

15. comPoSITIoN oF THe reGIoNal execUTIve commITTee 17

16. DUTIeS aND PowerS oF THe reGIoNal execUTIve commITTee 18

AMCU Constitution


18. THe reGIoNal coUNcIl 21

19. NaTIoNal STrUcTUreS 22

20. FUNcTIoNS oF THe NaTIoNal execUTIve commITTee (Nec) 24

20.2 DUTIES OF NATIONAL OFFICE bEARERS 25

20.3 DUTIES OF OFFICIALS 29

21. ceNTral execUTIve commITTee 30

22 NaTIoNal coNGreSS 32

23. removal From oFFIce oF THe oFFIce bearer, UNIoN oFFIcIal aND SHoP STewarD 36

24. STaTUTory boDIeS 38

25. INDemNIFIcaTIoN oF oFFIce bearerS aND oFFIcIalS 38

26. FINaNcIal PolIcy 38

27. INDUSTrIal acTIoN 39

28. TermINaTIoN / SUSPeNSIoN oF INDUSTrIal acTIoN 40

29. balloTS 40

30. amalGamaTIoN 41

31. DISSolUTIoN 41

32. coUNcIlS 43

33. coNSTITUTIoNal ameNDmeNTS 43

34. DeFINITIoNS 44

35. INTerPreTaTIoN 58

36. SeverabIlITy 58

AMCU Constitution


1. PrEAmBLE

We, the members of AMCU, are committed to a South Africa that is free from oppression, inequality and economic exploitation.

In order to achieve these goals we commit ourselves to:

(a) Fight for a fair living wage and decent working conditions for all workers in our country; (b) Fight and oppose discrimination in all its forms in the workplace and the country; (c) Ensure that all levels of our union are democratically structured.

2. SCOPE

The trade union will operate in the Mining, Energy, Construction, Transport, Security, Iron, Steel, Engineering and Metallurgic, Automobile, Manufacturing, Mineral, Chemical Sectors and Allied Industries as defined in clause 34 of the Constitution.

The NEC shall have power to determine additional special constituencies and to expand the scope to other economic sectors as seems expedient on the basis of industrial logic and developing patterns of membership organisation, subject to clause 33.4 of the Constitution.

This Constitution applies to all AMCU members and is material in the terms and conditions of its employed officials.

3. NAmE

The name of the Trade Union formed under this Constitution shall be called the Association of mineworkers and Construction Union (herein after referred to as “AmCU”).

4. HEAD OFFICE

The Registered Head Office of AMCU shall be PFS Building, Neven Street, Witbank, Mpumalanga, or such other place as may be decided upon by the National Executive Committee from time to time.

CONSTITUTION

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5. LEGAL STATUS

AMCU shall be a body corporate with perpetual succession capable of entering into contractual and other obligations and to sue and be sued in its own name. AMCU shall hold property apart from its mem-bers and shall not be an organisation for gain.

6. AImS AND OBjECTIvES

6.1 The aims and objectives of AMCU are:

6.1.1 To organise, recruit, represent and unite all workers who support the aims and objectives of AMCU.

6.1.2 To protect and promote the interests of all AMCU members.

6.1.3 To promote and fight for a fair living wage and decent working conditions for all AMCU members.

6.1.4 To promote the dignity and social, economic and material welfare of all AMCU members and their families.

6.1.5 To cooperate with other organisations and federations, both local and international in the best interests of AMCU and its members. 6.1.6 To protect AMCU members against discrimination on all recognised grounds and from all forms of harassment and to promote solidarity amongst all AMCU members.

6.1.7 To collectively oppose and defend against all laws and administrative procedures that affect the interests of AMCU members.

6.1.8 To establish and administer funds or seek funding from like-minded organisations for the benefit and on behalf of AMCU members.

6.1.9 To encourage settlement of disputes between members and employers through lawful channels, including embarking on protected industrial action. 6.1.10 To promote an educational development programme for members, office bearers and officials and continuously educate them on HIV/ AIDS, Health and Safety and Labour Legislation.

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6.1.11 To do all such things as are in the interests of AMCU and its members and which are conducive to and consistent with the aims and objec-tives of AMCU;

6.1.12 To institute legalactiononbehalfofAMCU, itsmembersandofficebearers in line with the objectives of AMCU and, where possible, to legally assist members in matters relating to employment;

6.1.13 To lease, hire, purchase and acquire any moveable or immovable property and to borrow, lend, invest and donate money for the further-ance of AMCU’s aims and objectives.

7. mEmBErSHIP

Membership of AMCU shall be open to any worker who is eligible to join and subscribe to the Constitution and the aims and objectives of AMCU. This applies to associate and honorary members.

7.1 ELIGIBILITy

7.1.1 Every worker employed in the Mining, Energy, Construction, Trans-port, Security, Metal and Engineering, Automobile, Manufacturing, Chemical and Allied Industries shall be eligible to join AMCU.

7.1.2 A worker will become a member of AMCU upon the acceptance of membership in terms of 7.2.2 below of the AMCU Constitution.

7.1.3 In the case of associate and honorary members, the NEC will grant such status on the basis of the individual’s contribution to AMCU and/or its aims and objectives.

7.2 APPLICATION PrOCEDUrE

7.2.1 A worker’s application form for membership shall be lodged with the Branch Secretary where the worker is employed.

7.2.2 The Branch Executive Committee, Regional Executive Committee or the NEC may accept or refuse any application for membership.

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7.3 APPEAL AGAINST rEFUSAL OF mEmBErSHIP

7.3.1 If an application for membership is refused by the Branch Executive Committee, the applicant may lodge an appeal with the Regional Executive Committee.

7.3.2 Should the application still be refused, the applicant may lodge a final appeal with the NEC. The decision of the NEC shall be final and bind-ing.

7.3.4 An unsuccessful applicant for membership may re-apply to the Branch Committee after a period of twelve (12) months.

7.4 TErmINATION OF mEmBErSHIP

7.4.1 By resignation

A member may resign from AMCU by giving four weeks’ notice in writing to the Branch Secretary. The member must pay all money ow-ing to AMCU before it will accept the resignation.

7.4.2 By unemployment in the relevant industries

A member automatically loses membership 14 weeks after becoming unemployed in the relevant industries unless:

that member is eligible for Associate Membership;

that member is re-employed in the relevant industries within 14 weeks and resumes the payment of subscriptions as pre-scribed by this Constitution;

If AMCU is in the process of disputing the member’s dis-missal in which case the worker remains a member of AMCU until the date on which the legal proceedings are finalised or until AMCU withdraws as the member’s representative.

7.4.3 By failure to pay subscriptions for three consecutive months

Members who are in arrears with their subscription fees for a continuous period of three (3) months shall forfeit their membership and any benefits received from AMCU will cease. 4

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Such members may re-apply for membership by completing a new stop order form and this will be treated as a new application.

7.4.4 By expulsion

A member may be expelled in terms of clause 10 of this Constitution.

An expelled member may not participate in AMCU’s affairs or receive any benefits or funds provided by AMCU.

7.4.5 By becoming an employer

A member who becomes an employer automatically loses member-ship and the benefits provided by AMCU.

7.4.6 Associate Membership

A person may apply for associate membership of AMCU if the person was a member of AMCU for at least two years and has retired due to ill health or age.

The applicant for associate membership must apply in writing to the National Executive Committee. Should the application be refused the applicant may lodge an appeal with the Central Executive Commit-tee. The decision of the Central Executive Council shall be final.

Associate members are not required to pay subscriptions.

Associate members are not entitled to vote or take part in the deci-sion making processes of the Union.

7.4.7 Honorary Membership

The National Congress of AMCU may in its discretion bestow Honor-ary Membership status on an individual in recognition of the contribu-tion made by such individual to AMCU and / or in recognition of any contribution made by such individual towards the advancement of AMCU’s aims and objective. He / she has no voting rights.

8. SUBSCrIPTION

8.1 AMCU members shall pay weekly, fortnightly or monthly subscription fees.

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All subscription fees are payable to the national account of AMCU or through debit orders from individual members’ accounts as authorised by the National Executive Committee.

8.2 The subscription fees payable by AMCU members, earning less than R20 000.00 basic salary (per month) shall be no more than one (1%) percent of the member’s basic salary.

8.3 All AMCU members earning R20, 000.00 basic salary (per month) and morewillpayaflatrateofR200.00permonth.

AMCU’s National Congress may revise the subscriptions payable from time to time.

8.4 A stop order facility will be entered into with all employers whose em-ployees have joined AMCU for the purpose of deducting the subscrip-tion fees.

8.5 All monies deducted from the members’ salary will be deposited into AMCU’s bank account on or before the 7th day of each month.

8.6 A list of all employees from whom deductions have been made shall be forwarded toAMCUHeadOfficebyall employers indicating theamount deducted together with the remittance advice indicating the amount deposited in AMCU’s bank account.

9. rEGISTEr

9.1 A register of membership in a branch shall be kept by the Branch Sec-retary.

9.2 The Regional Executive Committee shall inspect the register of mem-bership of branches from time to time.

10. DISCIPLINE

All members of AMCU shall be subject to a Code of Discipline deter-mined by the National Executive Committee of AMCU.

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10.1 Suspension or expulsion by Branch Executive Committee

10.1.1 A member may be expelled if in the opinion of the Branch Execu-tive Committee the member has conducted him / herself in a manner which brings AMCU into disrepute.

10.1.2 Amembermaybesuspendedforafixedperiodoftimeafterfollowingdue process.

10.1.3 A member may be suspended or expelled only after an investigation has been conducted and the member has been given an opportunity to present his / her case before the Branch Executive Committee as outlined in the Code of Discipline.

10.1.4 A member may appeal against the decision of the Branch Executive Committee by writing a letter to the Regional Executive Committee within seven (7) days after the decision to suspend or expel was tak-en. In the absence of the Regional structure the member may appeal to the NEC.

10.1.5 IfamemberisnotsatisfiedwiththedecisionoftheRegionalExecu-tive Committee, the member may appeal to the Regional Council. The decisionoftheRegionalCouncilshallbefinalandbinding.

10.1.6 A member suspended or expelled from AMCU shall not be eligible to participate in any activities of AMCU and is not entitled to receive any benefitsprovidedbyAMCU.

A member may not be disciplined or expelled from AMCU if he / she did not participate in strike action where no ballot was held or where a ballot was held and the majority of members did not vote in favour of the strike action.

11. AmCU STrUCTUrES

11.1 Election of shop stewards

11.1.1 At every shaft, section and / or plant, AMCU members in good stand-ingwillelectshopstewardsfromamongstthemselvestoholdofficefor a period of three (3) years.

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11.1.2 The Branch Executive Committee, in consultation with the Regional Secretary, shall oversee the process of nominations and elections of the shop stewards.

11.1.3 Only AMCU members in good standing shall be eligible to participate in the nomination and election of the shop stewards.

11.2 Election Procedure:

11.2.1 Members in good standing at the shaft, section and / or plant will nominate and second candidates for the positions of the shop stewards.

11.2.2 If a candidate is the only nominee for the position, he / she will auto-matically become the shop steward.

11.2.3 If there is more than one (1) candidate for the position, members will vote by a secret ballot or a show of hands, the candidate who receives the most votes will be declared as duly elected and immediately become the shop steward.

11.3 Shaft and Plant Committee

11.3.1 Every shaft and plant shall have shaft and plant committees compris-ing of the following members:

11.3.1.1 Chairperson, Deputy Chairperson, Secretary, Deputy Secretary and Health and Safety Secretary;

11.3.2 AMCU members in good standing at the shaft and / or plant will elect the shaft and / or plant committee.

11.4 Functions of the shop stewards

11.4.1 The functions of the shop stewards shall be:

11.4.1.1 To conduct the affairs of AMCU at the workplace where they are elected.

11.4.1.2 To receive and attend to all complaints affecting members concerning their employment, membership and working conditions.

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11.4.1.3 To report any improper employment practices and/or contraventions of applicable laws and/or regulations by employers to the Branch Executive Committee.

11.4.1.4 To represent members in the employers’ internal disciplinary hearings and grievance procedures.

11.4.1.5 To represent members in consultations pertaining to the operational requirements of the employer.

11.4.1.6 To represent members in any matter arising out of proposed termina-tions due to incapacity or ill – health and in any matter regarding the Health and Safety of members and other conditions of employment.

11.4.1.7 To act as a link between management and employees who are mem-bers of AMCU.

11.4.1.8 To communicate to members all the necessary information from the regionalandnationalofficesconcerningtheactivitiesofAMCU.

11.4.1.9 The shaft committee will report to the Secretary of the Branch in which the shaft is situated.

11.5 BrANCH

11.5.1 Formation of a branch

11.5.1.1 Abranchshallbeformedwherethereisaminimumoffifty(50)mem-bers of AMCU in good standing at the workplace.

11.5.1.2 A branch shall be formed where the business unit is registered as an independent entity or operation.

11.5.1.3 The Regional Executive Committee will be responsible for the setting up of a branch.

11.5.1.4 In a workplace where a business unit comprises a number of shafts which are bigger in size or in nature, with more than 500 or more members, shafts committees shall be elected but will not be regarded as branch.

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11.5.2 The Branch Executive Committee

11.5.2.1 The Branch Executive Committee shall comprise of seven (7) posi-tions as follows:

a) Branch Chairperson

b) Branch Deputy Chairperson

c) Branch Secretary

d) Branch Deputy Secretary

e) Branch Treasurer

f) Branch Chairperson: Health and Safety Desk

g) Branch Chairperson: Education Desk

11.5.3 Election of the Branch Executive Committee

11.5.3.1 The Branch Executive Committee members shall be elected at the first shop stewards council meeting following the nominations andelections of the shop stewards committee, in case of a new branch, or immediately after the third yearly branch general meeting, in case of older branches.

11.5.3.2 Members to serve on the Branch Executive Committee will be elected from amongst all the shop stewards representing different sections, shafts and plants in a branch.

11.5.3.3 To be eligible for election to serve in the Branch Executive Committee, a member must have been an AMCU member in good standing for a continuous period of not less than twelve (12) months.

11.5.3.4 Where only one candidate is nominated for a position, he / she will automatically hold such position.

11.5.3.5 Where there is more than one (1) candidate nominated for the posi-tion, members will vote by secret ballot or by a show of hands, the candidate who receives most votes will be declared duly elected to the position.

11.5.3.6 The period of twelve (12) months referred to in 11.5.3.3 above will not apply to new branches which have recently been established.

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11.5.4 Termofoffice

11.5.4.1 TheBranchExecutiveCommitteememberswillholdofficeforape-riod of three (3) years.

11.5.5 Meetings

11.5.5.1 Branch Shop Stewards Council Meetings:

The branch shop stewards council meetings shall be held regularly, at least every fortnight.

11.5.5.2 Branch Executive Committee Meetings

The Branch Executive Committee shall meet regularly, at least every week.

11.5.53 Branch General Meetings

The branch general meeting shall be held regularly, at least once a month.

11.5.5.4 Meeting Quorum

The quorum at every meeting shall be 50% + 1 of all members en-titled to be present at such meeting. If within thirty (30) minutes after thetimefixedfor themeetingaquorumisnotpresent, themeetingshall stand adjourned, to the same day, time and place in the follow-ing week, and if that day is a public holiday, to the next succeeding working day, and at the adjourned meeting the members present shall form a quorum. The meeting may conduct the agenda for which it was originally called.

11.5.6 Powers and Functions of the Branch Executive Committee

The Branch Executive Committee shall have the following powers and functions:

11.5.6.1 To manage the affairs of the branch

11.5.6.2 To grant or refuse applications for membership

To recruit members.

11.5.6.3 To suspend or expel any member for conduct detrimental to the inter-ests of AMCU and its members.

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11.5.6.4 To administer disciplinary action in terms of the disciplinary code and procedure of AMCU.

11.5.6.5 To attend to members’ grievances and keep the branch up to date with relevant information.

11.5.6.6 To further the aims and objectives in the Constitution of AMCU and ensure compliance therewith by all members.

11.5.6.7 To bargain with management on day to day operational issues affect-ing the well-being of members.

11.5.6.8 To ensure constant and proper communication between the branch and the region in respect of all matters affecting AMCU members.

11.5.7 Branch Executive Committee Accountability

11.5.7.1 The Branch Executive Committee shall be accountable to members.

11.5.7.2 The Regional Executive Committee shall supervise the conduct of the Branch Executive Committee.

11.5.7.3 The Branch Executive Committee shall comply with all provisions of this Constitution, the decisions and policies of the Regional Execu-tive Committee, the National Executive Committee, Central Executive Committee and the National Congress.

12. DUTIES OF THE BrANCH OFFICE BEArErS

12.1 The Branch Chairperson

12.1.1 The Branch Chairperson shall be a member in good standing with vot-ing rights.

12.1.2 Shall preside over all meetings of AMCU at the branch level.

12.1.2 Shall conduct meetings in terms of the provisions of the Constitution.

12.1.3 Shall sign minutes of all meetings of the Branch Committee.

12.1.4 Shall perform all other duties assigned to him / her.

12.1.5 Shall report to the Regional Chairperson.12

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12.2 The Deputy Chairperson

12.2.1 The Deputy Chairperson shall be a member in good standing with vot-ing rights.

12.2.2 He / she shall perform such duties and functions as are performed by the Chairperson if the chairperson is unable to do so or if he / she is absent.

12.3 The Branch Secretary

12.3.1 Shall record all minutes of the meetings with voting rights.

12.3.2 Shall be responsible for all correspondence and communication of the branch.

12.3.3 Shall issue notices concerning meetings in consultation with the Branch Chairperson.

12.3.4 Shall perform any other duties together with the treasurer or as the trade union may direct.

12.3.5 Shall keep and maintain all records of the branch.

12.3.6 Shall report to the Branch Chairperson, the Branch Executive Com-mittee, the Branch Shop Stewards Council, the Regional Secretary and the Regional Council on all activities taking place in the branch.

12.4 The Deputy Secretary

12.4.1 He / she shall perform such duties and functions as are performed by the secretary if the secretary is unable to perform such tasks or if he / she is absent with voting rights.

12.5 The Branch Treasurer

12.5.1 Shallberesponsibleforfinancesatbranchlevelsubjecttothefinan-cial policy set out in this Constitution with voting rights.

12.5.2 Shall issue a receipt for all monies received.

12.5.3 ShallkeepfinancialrecordstogetherwiththeBranchSecretary.

12.5.4 Shall attend to claims in consultation with the Branch Chairperson.

12.5.5 Shall report to the Branch Chairperson, the Branch Executive Com-mittee and the Regional Treasurer.

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12.6 The Branch Chairperson: Health and Safety Desk

12.6.1 The Branch Chairperson: Health and Safety Desk shall be a member in good standing with voting rights.

12.6.2 Shall be responsible for all Health and Safety matters at the work-place.

12.6.3 Shall attend to all workplace Health and Safety meetings.

12.6.4 Shall attend to all workplace in loco inspections pertaining to health and safety.

12.6.5 Shall attend to all workplace accident / incident inquiries.

12.6.6 Shall educate members about health and safety at work.

12.6.7 Shall ensure that the employer complies with all applicable health and safety legislation and regulations..

12.6.8 Shall report to the Branch Chairperson, the Branch Executive Commit-tee and the Regional Chairperson: Health and Safety any health and safety related matters affecting AMCU members including breaches committed by employers.

12.7 The Branch Chairperson: Education Desk

12.7.1 The Branch Chairperson: Health and Safety Desk shall be a member in good standing with voting rights.

12.7.2 Shall be responsible for skills development of all members at the workplace.

12.7.3 Shall attend the Skills and Development Forum on behalf of AMCU.

12.7.4 Shall encourage members to participate in ABET classes.

12.7.5 Shall ensure that employers comply with the Skills Development Act and other applicable legislation and regulations.

12.7.6 Shall report to the Branch Chairperson, the Branch Executive Com-mittee and the Regional Chairperson: Education about all matters re-lating to skills development and education in the workplace.

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13. rEGIONAL STrUCTUrES

13.1 Regional Formation

13.1.1 TheNECshallconvenearegion’sfirstelectivecongresswheretwoormore branches have a minimum of one thousand (1000) members in good standing in a geographical area.

The elective congress shall elect the Regional Executive Committee.

13.2 Regional Congress

13.2.1 Convening of the Regional Congress

13.2.1.1 The Regional Executive Committee of AMCU shall convene a Region-al Congress after consultation with the General Secretary every four (4) years before the National Congress.

13.2.1.2 The convening of the Regional Congress must be approved by the NEC of AMCU.

13.3 Delegates

13.3.1 The following delegates shall attend the Regional Congress:

13.3.1.1 Regional Chairperson

13.3.1.2 Regional Deputy Chairperson

13.3.1.3 Regional Secretary

13.3.1.4 Regional Deputy Secretary

13.3.1.5 Regional Treasurer

13.3.1.6 Regional Chairperson: Education Desk

13.3.1.7 Regional Chairperson: Health and Safety

13.3.1.8 Regional Organiser

13.3.1.9 All Branch Executive Committees members in that Region

13.3.1.10 The Chairpersons and Secretaries of the shaft committees in that Region

13.3.1.11 Each delegate to the Regional Congress shall be a member in good standing.15

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13.4 Functions of the Regional Congress

13.4.1 The Regional Congress shall:

13.4.1.1 Formulate programmes for the region consistent with those of the NEC and the National Congress and with this Constitution

13.4.1.2 Formulate and discuss policy proposals for submission to the General Secretary for consideration at the National Congress.

14. ELECTION OF rEGIONAL ExECUTIvE COmmITTEE

i) Only the delegates set out in paragraph 13.3 above shall participate in the election process, excluding Regional Organisers.

ii) The Regional Office Bearers shall be elected at the RegionalCongress.

iii) MembersoftheRegionalExecutiveCommitteeshallholdofficeforaperiod of four (4) years, and shall be eligible for re-election.

iv) The election of the Regional Executive Committee shall be conducted through a secret ballot.

v) Anymemberwhoisnotsatisfiedwiththeelectionprocessoroutcome,may lodge a complaint in writing to the National Executive Committee within fourteen (14) days after the date of the elections stating the reasons for his or her objections.

14.1 Election procedure

14.1.1 Delegates will nominate one candidate for each of the seven (7) positions in the Regional Executive Committees.

14.1.2 A candidate so nominated has a right to accept or decline the nomination.

14.1.3 Each nomination is to be seconded by at least two (2) branches at-tending the Regional Congress.

14.1.4 If there is no secondment for the nominated candidate, his / her name will be declined.

14.1.5 Voting will be conducted if there is more than one (1) candidate nominated. 16

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14.1.6 A candidate must have been a member of AMCU in good standing for a period of not less than two (2) consecutive years to be eligible for election to the Regional Executive Committee.

14.1.7 The period of two (2) years referred to does not apply in case of a newly established region.

14.1.8 The National Executive Committee shall appoint an independent election committee to conduct the election process.

14.2 Regional Executive Committee Meetings

14.2.1 The Regional Executive Committee shall meet once a month.

14.2.2 The quorum shall be formed by 50% plus one (1) members present at the meeting.

14.2.3 If,within thirty (30)minutesafter the timefixed for themeeting, themeeting is not quorate, the meeting shall stand adjourned to the same day, time and place in the following week (and if that day is a public holiday than the next succeeding working day) and at the adjourned meeting the members present shall form a quorum.

14.2.4 The Regional Secretary must notify members who were absent about the adjourned meeting in writing.

14.2.5 The Regional Secretary shall keep minutes of all meetings of the Regional Executive Committee.

15. COmPOSITION OF THE rEGIONAL ExECUTIvE COmmITTEE

15.1 The Regional Executive Committee shall be comprised of;

15.1.1 The Regional Chairperson

15.1.2 The Regional Deputy Chairperson

15.1.3 The Regional Secretary

15.1.4 The Deputy Regional Secretary

15.1.5 The Regional Treasurer

15.1.6 The Regional Chairperson Education17

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15.1.7 The Regional Chairperson Health and Safety

15.2 Meeting procedure

15.2.1 The Regional Chairperson shall preside over all regional meetings, conferences and congresses.

15.2.2 Resolutions and decisions shall be taken and adopted by a majority of delegates present through voting.

15.2.3 Congress resolutions shall be adopted by a two thirds majority of delegates attending the congress through voting.

15.2.4 Members and delegates shall vote by a show of hands and / or the secret ballot.

15.2.5 The Regional Chairperson shall have a casting vote.

15.2.6 The Regional Secretary shall keep minutes of all meetings, conferences and congresses.

16. DUTIES AND POwErS OF THE rEGIONAL ExECUTIvE COmmITTEE

16.1 The Regional Executive Committee shall perform the following duties and have powers to:

16.1.1 Supervise and inaugurate all branches constituting a region.

16.1.2 Recruit members within the geographical areas in the region.

16.1.3 Organise regional meetings, conferences and congresses.

16.1.4 Supervise and ensure the implementation of AMCU policies in all branches.

16.1.5 Prepare regional delegates to the national congress.

16.1.6 Open, operate and close banking accounts in the name of the region subject to the approval and ultimate control of the NEC.

17. DUTIES OF THE rEGIONAL OFFICE BEArErS

17.1 The Regional Chairperson18

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17.1.1 The Regional Chairperson is a member elected in accordance with the tradeunionConstitutionandholdofficeasanofficebearerintermsofSection 213 of the Act.

17.1.2 He / she shall preside at all the meetings of the Regional Executive Committee, Regional Council and Regional Congress.

17.1.3 He / she shall guide all meetings in terms of the Constitution of AMCU.

17.1.4 He / she shall sign minutes of all meetings of the Regional Executive Committee and Regional Council.

17.1.5 He / she shall perform all other duties assigned to him by AMCU.

17.1.6 He / she shall report to the Regional Council, the Regional Congress, the President and NEC on all organisational political issues affecting AMCU and its members in the region in which he/she serves.

17.2 The Deputy Regional Chairperson

17.2.1 He / she shall perform all functions as are performed by the Regional Chairperson if he / she is unable to perform such functions or is absent.

17.2.2 He / she shall perform all other duties assigned to him by AMCU.

17.3 The Regional Secretary

17.3.1 The position of Regional Secretary shall be a full time position and shallbebasedattheregionalofficeforthedurationofhis/hertermofofficewithvotingrights.

He / she shall keep minutes of all the meetings and resolutions of the Regional conferences and congresses.

17.3.2 He / she shall be responsible for all regional correspondence and communications.

17.3.3 He / she shall issue notices of all regional meetings after consultation with the Regional Chairperson.

17.3.4 He / she shall keep records of all regional transactions and business.

17.3.5 He / she shall perform all other duties as AMCU may direct.19

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17.3.7 He / she shall report to the Regional Chairperson, the Regional Executive Committee, the Regional Council, the Regional Congress and the General Secretary all operational matters affecting AMCU and its members in the region in which he/she serves.

17.4 The Deputy Regional Secretary

17.4.1 He / she shall perform such duties as are performed by the Regional Secretary if he / she is unable to do so or is absent with voting rights.

17.4.2 He / she shall perform all other duties as AMCU may direct.

17.5 The Regional Treasurer

17.5.1 He / she shall record and receive all monies on behalf of the Region.

17.5.2 He / she shall issue receipts for all monies received and keep records off all payments made.

17.5.3 He / she shall keep regional financial records together with theRegional Secretary.

17.5.4 He / she shall attend to all claims together with the Regional Chairperson.


17.5.6 He / she shall report to the Regional Chairperson, the Regional Executive Committee, the Regional Council, the Regional Congress and the Treasurer General in respect of all financial transactionstaking place in the region in which he/she serves.

17.6 The Regional Chairperson: Education

17.6.1 He / she shall facilitate and coordinate the skills development of all members within the region

17.6.2 He / she shall monitor and ensure that all employers within the region comply with the provisions of the Skills Development Act, Skills Development Levies Act, Employment Equity Act, the National Qualifications Framework and other applicable legislation andregulations.

17.6.3 He / she shall perform any other duties as AMCU may direct.20

AMCU Constitution


17.6.4 He / she shall report to the Regional Chairperson, the Regional Executive Committee, the Regional Council, the National Chairperson of Education and the NEC in respect of all skills development and education issues affecting AMCU members in the region.

17.7 The Regional Chairperson: Health and Safety

17.7.1 He / she shall monitor and ensure compliance with all Health and Safety legislation and regulations by employers within the region.

17.7.2 He / she shall attend to accident inquiries conducted in the region on behalf of AMCU.

17.7.3 He / she shall ensure that all Branch Health and Safety representatives are adequately trained on all aspects of health and safety at the workplace.


17.7.5 He / she shall report to the Regional Chairperson, the Regional Ex-ecutive Committee, the Regional Council, and the National Chairper-son of Health, Safety and the NEC in respect of all health and safety issues affecting AMCU members in the region.

18. THE rEGIONAL COUNCIL

18.1 Convening

18.1.1 The Regional Executive Committee of AMCU shall convene the Re-gional Council.

18.2 Composition

18.2.1 The Regional Council will be composed of:

18.2.1.1 The Regional Executive Committee members,

18.2.1.2 All Branch Chairpersons,

18.2.1.3 All Branch Secretaries, and

18.2.1.4 The Regional Organisers

18.3 Regional Council meetings

18.3.1 The Regional Council shall hold its meetings quarterly

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18.3.2 Where 50% plus 1 of branches within a region are present, the quorum will be constituted and the meeting shall duly proceed.

18.3.3 The Regional Secretary shall issue a written notice and agenda of the meeting seven (7) days before the day of the meeting.

18.3.4 If within thirty (30) minutes of the time fixed for the meeting, themeeting is not quorate, the meeting will stand adjourned to the same day, time and place in the following week (and if that day is a public holiday then the next succeeding working day) and at the adjourned meeting the members present shall form a quorum.

18.4 Powers and functions of the Regional Council

18.4.1 The Regional Council shall receive reports of activities from and concerning all regional branches.

18.4.2 The Regional Council shall attend to all issues affecting branches.

18.4.3 The Regional Council shall make recommendations to the NEC regarding operational and organisational development matters.

18.4.4 The Regional Council shall adopt a regional budget.

18.4.5 The Regional Council shall attend to all appeals from branches regarding refusal of membership and disciplinary processes.

18.4.6 The Regional Council shall prepare for the Regional Congress.

18.4.7 The Regional Council shall at its discretion appoint sub-committees and deal with matters raised by branches falling with the region.

19. NATIONAL STrUCTUrES

19.1 The National Executive Committee

19.1.1 Composition

19.1.1.1 The National Executive Committee shall consist of the following members:

i) The President

ii) The Deputy President

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iii) The General Secretary

iv) The Deputy General Secretary

v) The Treasurer General

vi) The National Chairperson: Health and Safety

vii) The National Chairperson: Education

The National Organiser

viii) Regional Chairpersons and Secretaries who were elected at the Regional Congresses.

The President, Deputy President, Treasurer General, National Chairperson: Health and Safety and the National Chairperson: Education shall be elected at the National Congress.

The termof office of the aforesaidNECmembers shall be five (5)years and such members shall be eligible for re-election at the next National Congress.

The General Secretary, the Deputy General Secretary and the National Organiser shall be employed by AMCU.

19.2 TermofOffice:

19.2.1 Thetermofofficeforthetopfive(5)membersshallbefive(5)yearsand a member shall be eligible for re-election at the next National Congress.

19.3 Meetings

19.3.1 The NEC shall meet regularly and at least once a month.

19.3.2 The General Secretary shall issue a written notice and agenda of each NEC meeting not less than seven (7) days before the date of the meeting.

19.3.3 A majority of the NEC members present at the meeting constitutes a quorum which shall be 50% plus 1 of the members.

19.3.4 All decisions of the NEC meetings shall be taken by consensus, where disagreements exist, a vote by a show of hands will be conducted.23

AMCU Constitution


ThefiveelectedNECmembersshallbeentitledtovote.TheGeneralSecretary, Deputy General Secretary and the National Organiser shall have no right to vote.

19.3.5 The President shall have a casting vote.

19.3.6 If,within thirty (30)minutesafter the timefixed for themeeting themeeting is not quorate, the meeting shall stand adjourned to the same day, time and place in the following week, (and if that day is a public holiday, then the next succeeding working day) and at the adjourned meeting the members present shall form a quorum.

20. FUNCTIONS OF THE NATIONAL ExECUTIvE COmmITTEE (NEC)

20.1 The NEC shall have power and authority to;

20.1.1 AppointanyofficialsoremployeesoftheUnion

20.1.2 Definetheirdutiesandfixtheirremunerationandotherconditionsofemployment.

20.1.3 TerminatetheemploymentofanyofficialsoremployeesoftheUnion.

20.1.4 Disciplineallmembers,employees,officialsandofficebearers.

20.1.5 ExercisecontroloverthefinancialaffairsofAMCU.

20.1.6 Enter into contracts, approve the establishment of legal entities, bor-row and raise funds, donate funds, acquire assets both movable and immovable, and open and close bank accounts.

20.1.7 Represent AMCU in other federations of unions and International Or-ganisations.

20.1.8 Institute and defend any legal action on behalf of AMCU, its members, officialsandofficebearers.

20.1.9 Decide on the investment of funds.

20.1.10. Decide on the appointment of service providers to administer employ-eebenefitsonbehalfofAMCUmembers.

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20.1.11 Appoint from time to time such committees as it may deem necessary.

20.1.12 Regulate the form of procedure in committees

20.1.13 Nominate and elect persons to represent the Union at any negotia-tions or on anybody, constituted in terms of any law, on which it is deemed necessary that the Union be represented.

20.1.14 Establish,re-establishorclosedownbranchesorregionsanddefinethe scope of branches or regions.

20.1.15 Suspend any Branch Executive Committee or Regional Executive Committeeorofficebearerormemberforviolationoftheprovisionsofthis Constitution or in the interests of the Union; and to take over the management of the affairs of any branch or region until a new commit-teecanbeestablishedand/orofficebearerselected.

20.1.16 Delegate any of its powers in such manner as it deems appropriate.

20.1.17 Do such other lawful things as in the opinion of the NEC may appear to be in the interest of the Union or its members and which are not inconsistent with the objectives of the Union or the provisions of this Constitution.

20.2 DUTIES OF NATIONAL OFFICE BEArErS

20.2.1 The President

20.2.1.1 The president is a member elected in accordance with the Trade UnionConstitutionandholdofficeasanofficebearerintermsofSec-tion 213 of the Act.

20.2.1.2 He/she shall be subject to the direction of the NEC, Central Executive Committee and the National Congress.

20.2.1.3 The President shall perform the following duties:

i) Preside at all the meetings of the National Executive Com-mittee (NEC), Central Executive Committee and the National Congress.

ii) Observe and guide all AMCU members, employees of AMCU,officialsandofficebearersonConstitutionalcompli-ance.

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iii) Represent the interests of AMCU on national and interna-tional matters.

iv) Appoint senior officials of AMCU in consultation with theNEC.

Exercise supervision over the work of all the National Execu-tive Committee members who shall be accountable to him.

v) DelegatepowerstoanyofficebearersandofficialsofAMCUto perform any duty where necessary.

vi) Deployandredeployanyofficial,memberandofficebearerofAMCU,inconsultationwithsuchmember,officialorofficebearer to carry out any duty on behalf of AMCU where neces-sary.

vii) Perform any such duties as are prescribed in the Constitution of AMCU and / or as may be prescribed by the NEC, the Cen-tral Executive Committee and / or the National Congress.

viii) Report to the National Executive Committee, the Central Ex-ecutive Committee and the National Congress on the organ-isational political direction impacting on AMCU.

20.2.2 The Deputy President

20.2.2.1 The Deputy President is a member elected in accordance with the TradeUnionConstitutionandholdofficeasanofficebearerintermsof Section 213 of the Act.


20.2.2.3 The Deputy President shall perform the duties of the President when the President is not available or is unable to perform due to ill-health or incapacity.

20.2.2.4 The Deputy President shall perform any other duties as are delegated to him / her by the President or the NEC.

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20.2.3 Treasurer General

20.2.3.1 The Treasurer General is a member elected in accordance with the TradeUnionConstitutionandholdofficeasanofficebearerintermsof Section 213 of the Act.


20.2.3.3 He / she shall be responsible for the drawing up of the national and regional budget proposals for consideration and approval by the NEC.

20.2.3.4 He/sheshalltakecontrolofthefinancialrecordsofAMCUinconjunc-tion with the General Secretary.

20.2.3.5 He / she shall be responsible for the registration of all the assets mov-able and non-movable of AMCU.

20.2.3.6 He / she shall ensure compliance and proper application of the annual budgetby theregions, thenationalofficeandallofficialsandofficebearers of AMCU.

20.2.3.7 He/sheshall rentorpurchaseoffices,officematerials /equipmentand other resources of AMCU in conjunction with the President.

20.2.3.8 He / she shall perform any other duties as are delegated to him / her by the President or the NEC.

20.2.3.9 He / she shall report to and be accountable to the President, the Na-tional Executive Committee, the Central Executive Committee and theNationalCongressonallmattersrelatingtothefinancialaffairsofAMCU.

20.2.4 National Chairperson: Health and Safety

20.2.4.1 The National Chairperson of Health and Safety is a member elected inaccordancewiththeTradeUnionConstitutionandholdofficeasanofficebearerintermsofSection213oftheAct.


20.2.4.3 He / she shall develop Health and Safety policy of AMCU.27

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20.2.4.4 He / she shall organise training for Health and Safety representatives on behalf of AMCU.

20.2.4.5 He / she shall attend to all fatal accident inquiries involving AMCU members.

20.2.4.6 He / she shall supervise all regions on all matters of Health and Safety.

20.2.4.7 He / she shall perform all other duties as are delegated to him / her by the President or the NEC.

20.2.4.8 He / she shall report to and be accountable to the President, and the National Executive Committee on all Health and Safety matters affect-ing AMCU members nationally.

20.2.5 National Chairperson: Education

20.2.5.1 The National Chairperson: Education is a member elected in accor-dancewiththeTradeUnionConstitutionandholdofficeasanofficebearer in terms of Section 213 of the Act.


20.2.5.3 He / she shall facilitate / coordinate the skills and educational devel-opment of allAMCUmembers, staff, officials and office bearers ofAMCU.

20.2.5.4 He / she shall develop AMCU’s Skills and Educational Development Policy.

20.2.5.5 He / she shall monitor and ensure compliance by all employers with the Skills Development Act, Skills Development and Levies Act and other applicable legislation and regulations.

20.2.5.6 He / she shall perform any other duties as are delegated to him by the President or the NEC.

20.2.5.7 He / she shall report to and be accountable to the President and the National Executive Committee on all matters related to skills and edu-cational development affecting AMCU nationally.

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20.3 DUTIES OF OFFICIALS

20.3.1 General Secretary

20.3.1.1 The General Secretary is a person appointed by the Union and shall holdofficeasanofficialintermsofSection213oftheAct20.3.1.2He / she shall issue invitations to the NEC meetings, the National Congress, the Central Executive Committee meetings and any other activities of AMCU at a national level.

20.3.1.2 He / she shall keep records of all meetings, Congress resolutions and other proceedings.

20.3.1.3 He / she shall be responsible for the implementation of the policies, strategies and national programmes of AMCU as directed by the NEC.

20.3.1.4 He / she shall be responsible for the setting up and managing the operations of branches and regions in conjunction with the National Organiser.


20.3.1.6 He / she shall report to and be accountable to the President, the National Executive Committee, the Central Executive Committee and the National Congress on all relevant organisational and operational matters.

20.3.1.7 In addition to the above duties the general secretary shall perform the duties imposed on him/her by sections 98, 99 and 100 of the Labour Relations Act, 1995, relating to the keeping of records and the furnish-ing of information to the Registrar.

20.3.2 Deputy General Secretary

20.3.2.1 The Deputy General Secretary is a person appointed by the Union andshallholdofficeasanofficialintermsofSection213oftheAct20.3.2.2 He / she shall carry all the duties of the General Secretary when he / she is not available.


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20.3.3 National Organiser

The National Organiser shall be employed by the Union in a full time position without voting rights.

20.3.3.1 The National Organiser shall be responsible for the recruitment of members and the consolidation of membership.

20.3.3.2 He / she shall be responsible for the establishment of new branches and regions in conjunction with the General Secretary.

20.3.3.3 He / she shall assist the General Secretary in coordinating the Na-tional Congress.

20.3.3.4 He / she may attend shafts, branches, regional, national and Central Executive Committee meetings, but may not vote in those meetings.

20.3.3.5 He / she may perform any other duties as are directed to him by the President or the NEC.

20.3.3.6 He / she shall report to the General Secretary on all AMCU activities taking place at all branches, regional and national level.

21. CENTrAL ExECUTIvE COmmITTEE

21.1 Purpose

21.1.1 The Central Executive Committee shall deal with any major organisational changes, policy reviews and Constitutional amendments and / or any other urgent matters of national importance in-between the National Congress.

21.2 Composition

21.2.1 The Central Executive Committee will be made up of:

21.2.1.1 The NEC members, and

21.2.1.2 All Regional Executive Committee members from each region.

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21.3 Meetings

21.3.1 The President or, in his / her absence, the Deputy President shall preside at all the Central Executive Committee meetings.

21.3.2 The General Secretary shall take minutes and keep all records of the meetings.

21.3.3 The Central Executive Committee may hold its meetings bi-annually and / or on the request of the NEC and /or four (4) regions.

21.3.4 Any request for a CEC meeting must be sent to the General Secretary.

21.3.5 Upon receipt of the request, the General Secretary shall inform and consult with the President.

21.3.6 The President will decide on the date, venue and time of the CEC meeting.

21.3.7 The General Secretary shall notify the NEC and the Regional Executive Committees about the CEC meeting and the agenda.

21.4 Quorum

21.4.1 A quorum, shall be constituted by 50% plus 1 of the CEC members present.

21.4.2 If within one (1 hour of the time scheduled for any CEC meeting a quorum is not constituted, the meeting shall stand adjourned to the date, venue and time to be determined by the President.

21.4.3 The General Secretary shall notify in writing members who were absent about the adjourned meeting.

21.5 Voting:

21.5.1 Meeting decisions shall be made by two thirds majority of the delegates present provided that as far as the NEC is concerned, only the elected NEC members may vote. The General Secretary, Deputy General Secretary and National Organiser are not entitled to vote.

21.5.2 Voting shall be by secret ballot or, if agreed, by a show of hands.

21.5.3 The President will have a casting vote.31

AMCU Constitution


21.6 Minutes:

21.6.1 The General Secretary shall take minutes and keep records of all the proceedings of the Central Executive Committee meetings.

21.7 Powers and Functions

21.7.1 The Central Executive Committee shall have powers to

21.7.1.1 Formulate, determine and review the policies of AMCU in between the Congresses.

21.7.1.2 Attend to the Constitutional amendments.

21.7.1.3 Deal with and manage all major organisational changes aimed at strengthening AMCU.

22 NATIONAL CONGrESS

The National Congress is the supreme governing body of AMCU. The National Congress has powers to deal with any Constitutional amend-ments, policy formulation and organisational and structural issues of AMCU.

22.1 Composition

22.1.1 The National Congress shall be attended by the following delegates:

22.1.1.1 The President

22.1.1.2 Deputy President

22.1.1.3 General Secretary

22.1.1.4 Deputy General Secretary

22.1.1.5 Treasurer General;

22.1.1.6 National Chairperson: Health and Safety

22.1.1.7 National Chairperson: Education

22.1.1.8 National Organiser

22.1.1.9 All Regional Executive Committee members32

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22.1.1.10 Al Branch Executive Committee members

22.1.1.11 The Chairpersons and secretaries of shaft / plant committees

22.2 Nominations

22.2.1 Nominationsforthefive(5)electedNECpositionsshallbeopenninety(90) days before the National Congress

22.2.2 All Regions shall submit the nomination forms completed for each NEC position to the Independent Election Commission appointed by the NEC sixty (60) days before the National Congress.

22.2.3 All nominated candidates shall accept or decline their nominations thirty (30) days before the National Congress.

22.2.4 The Independent Election Commission shall prepare and print ballot papers to be used for the election.

22.2.5 Floor nominations shall still be open during the National Congress before the elections commence. All nominees must be members of AMCU in good standing as per clause 11.5.3.3

22.3 Convening the National Congress

22.3.1 TheNationalCongressmustbeconvenedeveryfive(5)years.

22.3.2 The NEC must convene the National Congress within three (3) months attheexpiryoffive(5)yearsperiod.

22.3.3 The General Secretary shall inform all regions six (6) months before the National Congress of the day of the National Congress.

22.3.4 The notice should include the number of delegates required for each region and branches.

22.3.5 The regions shall prepare the lists of all delegates to attend the National Congress from each region for submission to the NEC four (4) months before the National Congress. All nominees must be members of AMCU in good standing in terms of clause 11.5.3.3.

22.3.6 The NEC shall endorse the list of delegates and hand it over to Independent Election Commission to compile a voter’s roll.33

AMCU Constitution


22.3.7 Name tags for each delegate shall be printed and be available on the 1st day of the National Congress.

22.3.8 The NEC shall review the voters roll three (3) months before the National Congress, where an amendment is required in terms of qualifying branches, regions shall be informed two (2) months before the National Congress.

22.3.9 Corrections or amendments shall be done within seven (7) days after theregionshavebeennotifiedofsuchamendments.

22.3.10 Thefinalvotersrollshallbereadyandissuedtwenty(21)daysbeforethe National Congress. The voters roll shall be approved by the NEC.

22.3.11 The General Secretary shall prepare the agenda / programme for the National Congress after consultation with the NEC twenty (21) days before the National Congress. The agenda / programmes shall be sent to all regions fourteen (14) days before the National Congress.

22.4 Presiding over the National Congress:

22.4.1 The President or in his / her absence, the Deputy President or in the absence of both, any competent person appointed by the NEC from amongst the NEC members shall preside over the proceedings of the National Congress.

22.5 Functions of the National Congress:

22.5.1 At the National Congress delegates shall:

22.5.1.1 Consider and reflect on the organisational keynote address by thePresident.

22.5.1.2 Consider and reflect on the operational report by the GeneralSecretary.

22.5.1.3 ConsiderandreflectonthefinancialreportbytheTreasurerGeneral.

22.5.1.4 Considerandreflectonanyotherspecialreportsorpresentationsbythe NEC or third parties.

22.5.1.5 Assess the progress of AMCU

22.5.1.6 Discuss and adopt policies

22.5.1.7 Discuss and adopt amendments to the Constitution

22.5.1.8 Electthenationalofficebearers 34

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22.5.1.9 Consider any appeals.

22.6 Resolutions:

22.6.1 Congress resolutions must be adopted by a two thirds majority of vot-ing delegates.

22.6.2 Voting shall be done by a secret ballot or by a show of hands.

22.6.3 The President has a casting vote.

22.7 ElectionofNationalOfficeBearers;

22.7.1 In order to be eligible to be elected onto the NEC, candidates must have been a member of AMCU in good standing for a period of at least three consecutive years or have been serving on the previous NEC and must have previously served at both branch and regional level.

22.7.2 Delegates with voting rights may nominate and second candidates forthepositionsofofficebearerstotheNEC,exceptforthepositionsof Regional Executive Committee which are elected at the Regional Congress.

Each candidate nominated for the position must be seconded by three regions attending the National Congress.

22.7.3 If there is no seconder for the nominated candidate, his / her name will be declined

22.7.4 Ifthereisonly(1)candidateforaposition,thecandidateisconfirmedas having been duly elected.

22.7.5 If there is more than one (1) candidate nominated, delegates must vote by secret ballot and the candidate who receives the most votes shall be declared duly elected in the position.

22.8 Special National Congress

22.8.1 A special national congress may be convened by the President when-ever:

22.8.1.1 The President sees a need to do so after consultation with National Executive Committee and a resolution has been passed for the call-ing for a Special National Congress; or

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22.8.1.2 The NEC receives a written request from two thirds of the Regions.

22.8.1.3 The written request setting out the reasons for proposed Special Na-tional Congress shall be sent to the General Secretary.

22.8.1.4 The General Secretary shall submit the request to the President within 48 hours of receipt.

22.8.1.5 The President shall call an NEC meeting within thirty days of receipt of the request to discuss and decide on the matter.

22.8.1.6 Should the NEC approve the calling of the Special National Congress as requested, it may be allowed on short notice, but not less than ninety (90) days.

22.8.1.7 The General Secretary must notify the Regional Executive Commit-tees within seven (7) days of the decision of the NEC.

23. rEmOvAL FrOm OFFICE OF THE OFFICE BEArEr, UNION OFFICIAL AND SHOP STEwArD

23.1 IntheeventthatNECmembers,regionalofficebearers,branchex-ecutive committeemembers, shop stewards and/orAMCU officialsbehave in a manner which brings AMCU into disrepute, or commit misconduct unbecoming of a person in that position, in violation of the Constitution and / or in a manner which is detrimental to AMCU and its members, the following procedure shall take place:

23.1.1 The NEC shall investigate or cause to be investigated the conduct of themember,officialorofficebearer.

23.1.2 The alleged offender shall be given the opportunity to state his / her case at a disciplinary enquiry

23.1.3 Branches could also recall members from the branch shop stewards committee, REC and NEC if such a member is found to be behaving in a manner brings AMCU into disrepute. However, such members will be entitled to present their case to the NEC then due process will take place as outlined in this Constitution.

23.1.4 When the majority of AMCU members in good standing at the branch levelhaveraisedavoteofnoconfidenceagainstashopstewardorabranch executive committee member, the Regional Chairperson and

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Secretaryshallconductamassmeetingatthebranchtoconfirmsuchvoteofnoconfidence,uponwhichtheshopstewardorbranchexecu-tive committee member concerned shall immediately vacate his / her position at a branch level.

23.1.5 When the majority of the members in two or more branches have raisedavoteofnoconfidenceagainstaRegionalExecutiveCommit-tee member, the President shall delegate the General Secretary and another member of the NEC to call a Regional Council Meeting to con-firmsuchavoteofnoconfidence,uponwhichsuchregionalexecutivecommittee member shall immediately vacate his / her position at the regionaloffice.

23.1.6 When two thirds of Regions have raised a vote of no confidenceagainst an NEC member, the President shall call a Central Executive Committee to confirm the vote of no confidence, uponwhich suchNEC member shall immediately vacate his / her position at the na-tionaloffice.

23.2 Appeal Procedure

23.2.1 Anofficebearer,officialorshopstewardmayappealagainstthedeci-sion of the REC to the NEC in accordance with the procedure set out in subclause 23.2.4 below.

23.2.2 In case of NEC and REC members, the National Congress shall be thefinalappealauthority.

23.2.3 The branch executive committee member and the shop steward may appeal to REC about decisions taken by the branch committee in ac-cordance with the procedure set out in subclause 23.2.4 below.

23.2.4 Anofficebearer,official or shopstewardappealing in termsof thisConstitution, must lodge his / her appeal in writing with the General Secretary of AMCU within seven (7) days of receiving the notice of the decision.

23.2.5 The General Secretary shall consult with the President about the ap-peal application, they will then appoint a member of the NEC or an outside person who is competent to chair the appeal process to con-duct an appeal hearing within twenty one (21) days after the appeal application has been lodged.

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24. STATUTOry BODIES

24.1 The NEC shall from time be represented on relevant bargaining coun-cilsandanyotherstatutorybodiesbyanofficebearerorofficialwiththe required competence to represent AMCU. The NEC shall, after receiving reports from the representative, give the representative an appropriate mandate on behalf of AMCU.

25. INDEmNIFICATION OF OFFICE BEArErS AND OFFICIALS

25.1 Theofficebearers,officialsandcommitteemembersofAMCU:

Willbe indemnifiedbyAMCUforall theproceedings,costsandex-penses incurred for any act or omission performed in accordance with this Constitution, provided they have acted:

In good faith; and

Within the provisions of this Constitution.

will be held personally liable for expenditure incurred on behalf of the Union if they have incurred such liability not provided for in this Con-stitution or contrary to any lawful instruction or resolution taken by AMCU.

provided they have not acted in the manner which would constitute misconductshallbeindemnifiedbytheUnionagainstallproceedings,costs and expenses caused by reason or an omission, negligence or other act done in performance of their duties on behalf of AMCU or its members and they shall not personally be liable for any of the liabili-ties of AMCU or any of its members.

26. FINANCIAL POLICy

26.1 AMCU funds may not be used for self-enrichment or for personal gain.

26.2 AMCU funds may only be used for the furtherance of the trade Union business and its members’ interests.

26.3 All monies including subscription fees and other levies shall be depos-ited into the National Account of AMCU within three (3) days of receipt.

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26.4 TheNECcontrolstheUnion’sfinances.Itshallrunanofficialaccountfor the Union.

26.5 There shall be three (3) signatories to the national account of AMCU. Any two (2) of the following members may sign; the President, Gen-eral Secretary and the Treasurer General.

26.6 All monies received shall become Union’s funds

26.7 The Treasurer General shall transfer funds to Regions based on the annual budget presented by the regions to the NEC and approved.

26.8 Cheques for Regional accounts must also be signed by two (2) of the followingregionalofficebearers;theRegionalChairperson,RegionalSecretary and the Regional Treasurer.

26.9 AMCUbooksshallbeauditedannuallyattheendofthefinancialyearbyanaccreditedauditingfirmwhichisapprovedbytheNEC.

26.10 AMCU books shall close on the 31st of December each year.

26.11 RegionsshallsubmittheirfinancialstatementsforinternalaudittotheTreasurer General on 30 November every year.

26.12 The NEC shall use its discretion, provided it is in accordance with the provisions of this Constitution how to spend or use the funds of AMCU forthebenefitofitsmembers.

26.13 In accordance with the provisions of section 98(1)(b) of the Labour Relations Act, 1995, the general secretary and treasurer shall pre-pare a statement of income and expenditure and a balance sheet in respectofeachfinancialyearendingon31December..Suchstate-ments and balance sheets shall be audited and dealt with as required by section 98(2) of the Act.

26.14 The executive committee shall, subject to confirmation by the national congress, have the power to invest surplus trade union moneys in such amannerthatthetradeunionstandstobenefitfromtheinvestments.

27. INDUSTrIAL ACTION

27.1 AMCU will not sanction any protected industrial action involving partial or complete stopping of work by members against an employer un-less;39

AMCU Constitution


27.1.1 All necessary legal processes in terms of the LRA and AMCU Consti-tution have been complied with.

27.1.2 A ballot will be conducted by show of hands by members affected by the dispute for the protected industrial action, and

27.1.3 The majority of members affected by the dispute vote in favour of the protected industrial action, and

27.1.4 The General Secretary in consultation with the President and the rel-evant Regional Executive Committee sanction the protected industrial action.

28. TErmINATION / SUSPENSION OF INDUSTrIAL ACTION

28.1 The industrial action may be suspended and / or terminated when a majority of members who are participating or the NEC are in favour of its suspension or termination.

28.2 When the settlement has been reached between the parties on all matters that gave rise to the protected industrial action.

28.3 When, in the opinion of the President in consultation with the NEC and the relevant affected executive structures the protected industrial action threatens the safety of members.

29. BALLOTS

29.1 Ballots is whenever conducting a vote using ballot, the following pro-cess will apply:

29.1.1 The notice of conducting a ballot shall be served in writing at least three (3) days before a ballot is to be taken to all members generally in places of work or residential areas. Copies of the notice shall be displayed on notice boards.

29.1.2 Ballot papers shall be printed.

29.1.3 Regional Organisers shall prepare ballot papers and deliver them to the branch where the dispute arose.

29.1.4 The issues in dispute shall be clearly written on the ballot paper.

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29.1.5 The ballot paper shall not contain any information which may make it possible to identify the voter.

29.1.6 TheUnionwillappointreasonablenumberofpresidingofficerswhosetask it is to ensure that the voting is conducted fairly.

29.1.7 Each member shall be issued with one (1) ballot paper in the presence ofthepresidentofficer,aftervotinghe/shewillputitinthesealedboxprovided for that purpose.

29.1.8 Thepresidingofficershallcounttheballotpapersinthepresenceofobservers to get the results. The results shall be communicated to both the Regional Executive Committee and the General Secretary.

30. AmALGAmATION

30.1 AMCU may amalgamate with another union or association with similar interests, only if two thirds (2/3) majority of the delegates at the Na-tional Congress vote in favour of the amalgamation. The NEC shall conclude an amalgamation agreement which shall accord with the provisions of Section 102 of the LRA.

31. DISSOLUTION

31.1 The Union may be dissolved by resolution of the National Congress if the motion has been supported by a two third (2/3) majority of the delegates at a National Congress through voting.

31.2 The trade union shall be wound up if at a ballot conducted in the man-ner prescribed in the Constitution not less than three-fourths of the total number of members of the trade union vote in favour of a resolu-tion that the organisation be wound up.

31.3 If a resolution for the winding-up of the trade union has been passed or if for any reason the trade union is unable to continue to function the following provisions shall apply:

(a) The last-appointed president of the trade union, or if he/she is not available, the available members of the last-appointed executive committee of the trade union, shall forthwith transmit to

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the Labour Court a statement signed by him/her or them setting forth the resolution adopted or the reasons for the trade union’s inability to continue to function, as the case may be, and request the Labour Court to grant an order in terms of section 103 of the Labour Relations Act, 1995.

(b) The liquidator appointed by the Labour Court shall call upon the last-appointedoffice-bearersofthetradeuniontodelivertohim/her the trade union’s books of accounts showing the assets and liabilities together with the register of members showing, for the 12 months prior to the date on which the resolution for winding-up was passed or to the date as from which the trade union was unable to continue to function, as the case may be, (hereinafter referred to as the date of dissolution), the membership fees paid by each member and his/her address as at the said date.

(c) Theliquidatorshallalsocalluponthesaidoffice-bearerstohandover to him/her all unexpended funds of the trade union and to deliver to him/her the trade union’s assets and the documents necessary to liquidate the assets.

(d) The liquidator shall take the necessary steps to liquidate the debts of the trade union from its unexpended funds and any other moneys realised from any assets of the trade union, and if the saidfundsandmoneysare insufficient topayallcreditorsafterthe liquidator’s fees and the expenses of winding-up have been met, the order in which creditors shall be paid shall be the same as that prescribed in any law for the time being in force relating to the distribution of the assets of an insolvent estate, and the liqui-dator’s fees and the expenses of winding-up shall rank in order as that of an insolvent estate and as though the expenses were the costs of sequestration of an insolvent estate.

(e) After the payment of all debts in accordance with paragraph (c), the remaining funds, if any, shall be distributed among the re-maining members of the trade union on the basis of membership fees actually paid during the 12 months prior to the date of dis-solution.

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(f) After the payment of all the liabilities, any assets that cannot be disposed of in accordance with the provisions of this clause shall be realised by the liquidator and the proceeds paid to the Com-mission for Conciliation, Mediation and Arbitration (in accordance with section 103(5) of the Labour Relations Act, 1995).

(g) The liability of members shall for the purpose of this clause be limited to the amount of membership fees due by them to the trade union in terms of this Constitution as at the date of dissolu-tion.

32. COUNCILS

32.1 Bargaining Council

32.1.1 The Central Executive Committee (CEC) may resolve that the Union becomes party to a bargaining council within the Mining, Energy, Con-struction, Transport, Metal and Engineering, Auto and General, Secu-rity and Allied Industries.

32.1.2 The NEC will appoint members to represent AMCU at such bargaining councils.

33. CONSTITUTIONAL AmENDmENTS

33.1 The provisions of this Constitution may be amended by resolution of the National Congress or the Central Executive Committee provided that two third (2/3) majority of the voting delegates attending vote in favour of such amendments.

33.2 Notice of any proposed amendments must be provided to all regions a month before the commencement of the National Congress or a meet-ing of the Central Executive Committee.

33.3 Any Constitutional amendments resolutions taken at a Central Execu-tiveCommitteemeetingmust be ratified by the nextNationalCon-gress or a Special National Congress.

33.4 Nochangesoradditionsshallhaveanyforceoreffectuntilcertifiedinterms of section 101(3) of the Labour Relations Act, 1995.

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34. DEFINITIONS

34.1 Unlessthecontextindicatesotherwise,eachwordortermdefinedin this Constitution will have the same meaning as in the LRA

LRA means the Labour Relations Act, 66 of 1995 as amended

“Energy Sources” Include coal, oil, water, sun, wind, gas and uranium

Member means an employee who has completed the application for membership stop order and has been accepted as a member irrespective of whether membership subscription has commenced or not.

Member in Good Standing means an employee who is paying his / her stop order subscription deduction in favour of AMCU on a monthly basis and thoseofficebearerswhocurrentlyserveintheOrganisaiton.

Branch in Good Standing means any branch with a minimum of 50 members where membership subscriptions are paid over to AMCU on a monthly basis.

Mining meansmining,extracting,processingorrefiningminerals,including those undertakings, workplaces, services and operations which are available or incidental to the mining industry.

Energy means converting energy sources into electricity and for supplying electricity to consumers.

Generating, transmitting and distributing electricity

Construction means, without in any way limiting the ordinary meaning of the expression, the industry in which employers and their employees are associated for the purpose of erecting, completing, renovating, repairing, maintaining or altering buildings and structures and/or making articles for us in the erection, completion or alteration of building structures, whether the work is performed.

The material prepared or the necessary articles are made on sites of the buildings or structures or elsewhere, and shall include all work

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executed or carried out by persons therein who are engaged in the following activities or subdivisions thereof, namely: concrete work; bricklaying; carpentry; French polishing; glazing; joinery; lead and light making; masonry; metalwork;painting;plastering;plumbing;shopofficeandbankfitting;steelreinforcing; steel construction; and woodworking; and including excavations; demolitions and the preparation of sites for buildings as well as the demolition of buildings, unless it can be shown by the employer concerned that such demolition was not carried out for the purpose of preparing the sites for building operations.

Iron, Steel, Engineering and Metallurgical Industries

The production of iron and / or steel;

The production of alloys and / or the processing and / or recovery and / or refiningofmetals(otherthanpreciousmetals)and/oralloysfromthedrossand / or scrap and / or residues.

The general engineering and manufacturing engineering and metallurgical industries.

The building and / or alteration and / or repair of boats and / or ship including the scraping, chipping or scaling and / or painting of their hulls and general woodwork undertaken in connecting with ship repairs.

The electrical engineering industry;

The lift and escalator industry;

The plastics industry and

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For the purpose hereof –

General Engineering and Manufacturing Engineering and Metallurgical Indus-tries concerned with the maintenance, fabrication, erection or assembly, con-struction, alteration, replacement or repair of any machine, vehicle (other than a motor vehicle) or article consisting mainly or metal (other than precious met-al) or parts or components thereof and structural metal work, including steel reinforcement work, and the manufacture of metal goods principally from iron and / or steel and / or other metals (other than precious metals) and / or al-loysandthefinishingofmetalgoods,butdoesnotincludetheMotorIndustry.

Precious metals means the precious metals gold, silver, platinum and / or pal-ladium and / or any alloy containing the said precious metals or any of these in such proportion with any other metals to be greater part in value of such alloy.

Electrical Engineering Industry shall consist of -

The manufacturing and / or assembly from component parts of electrical equipment in Republic of South Africa, namely, generators, motors, conver-tors, switch and control gear (including relays, contractors, electrical instru-ments and equipment associated therewith), electrical lighting, heating, cook-ing, refrigeration and cooling equipment, transformers, furnace equipment, signalling equipment, including monitors, and other equipment utilizing the principles used in the operation of radios and electronic equipment, the latter equipment to include, but not to be limited to, and further, incandescent lamps and electric cables and domestic electrical appliances, and shall also include the manufacture of components parts of the aforementioned equipment.

Subject to clause (iii) hereunder, the installation, maintenance, repair and ser-vice of the equipment referred to in paragraph (i) above.

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The installation, maintenance, repair and service of television sets and moni-tors.

Electrical Contracting Industry Means the design, preparation (other than manufacture for sale) and erection of electrical installation forming an integral and permanent portion of buildings and the repair and / or maintenance of such installation including any cable jointing and electrical wiring associated therewith;

Lift and Escalator Industry Means the manufacture and / or assembly and / or installation and / or repair of electrical lifts and escalators.

Plastic Industry Means the industry concerned with the conversation of thermoplastic and / or thermosetting polymers, including the compounding or recycling thereof, or the manufacture of articles or parts wholly or mainly made of such polymersintorigid,semi–rigidorflexibleform,whetherblown,moulded,extruded, cast, injected, formed, calendared, coated, compression moulded or rotational moulded, including in-house printing on such plastics by the manufacturers, and all operations incidental to these activities;

Plastics Refer to any one of the group of materials which consist of or contains as an essential ingredient an organic substance of a large molecular mass and which,whilesolidinthefinishedstate,atsomestageinitsmanufacturehas been or can be forced, i.e. case, calendared, extruded or moulded into variousshapebyflow,usuallythroughtheapplication,singlyortogether,ofheat and pressure including the recycling is as a result of the conversion for manufacture.

Machine Means any appliance irrespective of the material of which it is made, but does not include an agricultural tractor.

Metal goods does not include agricultural tractor;

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Automobile means the industry in which employers and employees are associated for the assembly of motor vehicles from new components on an assembly line and Includes the manufacture or fabrication or assembly of any motor vehicle parts or components or combinations thereof when carried on by such employers, whether performed on an assembly line or elsewhere and of operations incidental thereto or consequent thereon, irrespective of the premises where the work is performed.

“Motor Industry” means assembling, erecting, testing, remanufacturing, repairing, adjusting, overhauling, wiring, upholstering, spraying, painting and/or reconditioning carried on in connection with:

•chassisand/orbodiesofmotorvehicles;

•internalcombustionenginesandtransmissioncomponentsofmotor vehicles;

•theelectricalequipmentconnectedwithmotorvehicles,including radios;

(2)automotiveengineering;

(3)repairing,vulcanisingand/orre-treadingtyres;

(4) repairing, servicing and/or reconditioning batteries for motor vehicles;

(5)thebusinessofparkingand/orstoringmotorvehicles;

(6)thebusinessconductedbyfillingand/orservicestations;

(7) the business carried on mainly or exclusively for the sale of motor vehicles or motor vehicles parts and/or spares and/or accessories (whether new or used) pertaining thereto, whether or not such sale is conducted from premises which are attached to a part of an establishment wherein is conducted the assembly of or repairs tomotorvehicles;

(8)thebusinessofmotorgraveyards;

Forthepurposesofthisdefinition:48

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(a) “automotive engineering” means the reconditioning of internal combustion engines or parts thereof for use in motor vehicles in establishments mainly or exclusively so engaged, whether such establishment is engaged in the dismantling and repair of motor vehicles or not; and

“motor vehicle”

means any wheeled conveyance propelled by electrical or mechanical power (oth-er than steam) and designed for haulage and/or for the transportation of persons and/or goods and/or loads including trailers and caravans but does not include anyequipmentdesignedtorunonfixedtracks,trailersdesignedtotransportloadsof 20 tons or over, or aircraft; and

“vehicle body building”

means any or all of the following activities carried on in a vehicle body building establishment, but does not include vehicle body building done by assembly es-tablishments incidental to the assembly of motor vehicles:

(i) the construction, repair or renovation of cabs and/or bodies and/or any superstructure for any type of vehicle;

(ii) the manufacture or repair of component parts for cabs and/or bodies and/or any superstructure and the assembling, adjusting and installation of parts in cabs, bodies or on the superstructure of vehicles;

(iii)fixingcabsand/orbodiesand/oranysuperstructuretothechassisofanytype of vehicle;

(iv) coating and/or decorating cabs and/or bodies and/or any superstructure with any preservative or decorative substance;

(v)equipping, furnishingandfinishingoff the interiorofcabsand/orbodiesand/or superstructure;

(vi) building of trailers, but not including the manufacture of wheels or axles therefor;

(vii) all operations incidental to or consequent upon the activities referred to in paragraphs (14)(a)(i) to (14)(a)(vi) inclusive.

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Forthepurposesofthisdefinition,“vehicle”doesnotincludeanaircraftandMotorIndustryasdefinedaboveshallnotincludethefollowing–

The manufacture of motors vehicle parts and / or accessories and / or spares and / or components in establishment laid out for and normally production met-al and / or plastic goods of a different character on a substantial scale.

The assembling, erection, testing, repairing, adjusting, overhauling, wiring, spraying, painting and / or reconditioning of agricultural tractors except where carried on in establishment rendering similar service in respect of motor cars, motors lorries or motor trucks.

The manufacture and / or repair of –

•Civilandmechanicalengineeringequipmentand/orpartsthereofwhetheror not mounted on wheels;

•Agriculturalequipmentorpartsthereof;of

•Equipmentdesignedforuseinfactories.

Chemical Industry means, without in any way limiting the ordinary meaning for the ex-pression the industry in which employer and their employees are associated within the following categories:

Chemically – related goods

The manufacture of all chemically – based general household and personal care products, including soap in any form, synthetic detergents, shampoos and shaving products, cleaners, washing and scouring powders and similar clean-ing preparations, air-fresheners and insecticides and disinfectants, cosmet-ics, fragrances, deodorants, lotions, hair dressings; toothpaste and other toilet preparations, and all operations incidental to these activities.

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Glass

The manufacture, smelting, decoration, distribution, conversions and storage processes of glass products in the following markets:

Packaging and container ware

o Blown glass, whether this is preformed mechanically or manually, including glass bending;

o Building glass for building, architectural, toughening and silvering use, including applications.

o Automotive glass for original equipment and replacement, including application;

o Fiberglass, mineral wools, stag wood and rockwool

oInsulatorglassandfiberglassandcontinuousfilamentproducts;

o Glass tableware

o Glass for pharmaceutical purposes;

o Cutting and colouring activities;

o Covering, including any articles consisting wholly or mainly of glass.

o Safety glass and laminated glass;

o Talc, kaolin, bentonite and limestone

The extraction process and distribution of industrial minerals and other non-metallic min-eralproductsthatarespecificallyemployedinthemanufactureofglassand/orglassproducts, or are by products of the extraction and processing of silicate, glass sand or any other non-metallic mineral product primarily for use in the manufacture of glass, and all operations incidental to these activities.

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Industrial Chemicals

Base Chemicals The manufacture and distribution of organic chemical such as cyclic intermediates and crude, dyes, organic pigments, master batches, non-cyclic organic chemicals, solvents, polyhydric alcohols, rubber processing chemicals, synthetic and natural taming materials, gum and wood chemicals esters of inorganics pigments, urea and fatty and other acids, inorganic acids, alkalines, inorganic pigments, hydrogen peroxide, carbon bisulphide, phosphorus, magnesium carbonate, bromine, iodine, sodium nitrate, potassium nitrate, dryice(solidcarbondioxide),chemicalmaterialsforatomicfissionandfusionandtheproducts of these processes, industrial gas in compressed, liquefied and solid form,chloralkali products, associated products and derivatives such as calcium hypochlorite and ferric chloride, or organic anhydrides such as phthalic and maleic anhydride, plasticizers, ion exchange resins, activated carbon, mining chemicals such as froth flotationreagents,metalchemicalsuchasplatinumgroupmetalsaltsandcobaltsalts,themanufactureofchemicalsforuseinfireextinguishers,industrialalcohol,caneoils,methylated spirits, benzene, ether and ammonia, furfural, furfural alcohol, diacetyl, and all activities incidental to these activities, synthetic resins, polymer emulsions, polyvinyl alcohol, cellulose esters, plastic material and non-vulcanizable elastomers (excluding those in the form of moulding and extrusion compound) and vulcanizable elastomers, solid and liquid resins, excluding sheets, rods, tubes gradulars and powders, and also excluding themanufactures and distribution of fertilizers andman-made fibres. Explosives Commercial enterprise whose primary activities are governed by the Explosives Act, 1956, including the manufacture and marketing of explosives and explosives accessories and all operations incidental to these activities.

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Explosives means

A substance (or a mixture of substance), including carbide, metals oxides and salts in a solid or liquid state, that is in itself capable by chemical reac-tion of producing gas at such a temperature and pressure and at such speed as to cause damage to the surrounding;

A pyrotechnic substance or a mixture of substance designed to produce light, sound, gas, noise or smoke, or a combination of these, as the result of non-detonative self-sustaining exothermic chemical reaction, or

An explosive article containing one or more explosive substance; and

Explosive accessories means small devices that are able to initiate the above-mentioned chemical reactions including transmission lines.

Fertilisers

The supply, manufacture, formulation and distribution of –

Fertilizer and related products, including straight, mixed compound and complex nitrogenous, phosphetic and potassic fertilizers, urea, organic fer-tilizer, and agricultural lime, and the operation of sulphuric, phosphoric and nitric acid plants in conjunction with fertilizer plants

Specialty chemicals

Themanufacture,saleand/ordistributionofdeverifiedspeciailtychemicalsfor predominately industrial use; including but not limited to furniture, metal other polishes; waxes and dressings, disinfectants, insecticides, fungicides, herbicides and pesticides for industrial / agriculture use, dry and wet cell bat-teries, sterilants and deodorizers, electric cable insulation compounds and material;wettingagents,emulsifiersandpenetrants;adhesives,glues,coat-ings, sealants, bonding agents and mastic compounds, sizes and cements, except dental, from vegetable animal or purchased synthetic plastic materi-als; non-decorative, anti-corrosive, wear – resistant surface coatings and tiles; metallurgical powders, additives for plastics; candles; food additives;

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finechemicalsandenzymes,bluing,bleachingandlaundrysours,boilerandheat insulation products, metal, oil and water treating compounds, labora-torychemicalsandpreparedphotochemicalmaterialsandsensitizedfilm,paper and cloth, dubbin; and trading in commodity chemicals, and all opera-tions incidental to these activities.

Surface coatings The preparations, manufacture, bottling, wrapping, packing or sale of paints, distemper, lacquers,varnishes,enamelsfinishes,powdercoatings,fillers,putties, thinners, synthetic resins, writing inks, printing inks, printing rolloer and printing industry sundries; and

The delivery and distribution of the said products to a depot of the manufac-turers, or to the premises of a wholesaler, retailer or user, if such delivery of distribution is carried out by the same employer who prepared manufac-tured, bottled, wrapped, packed or sold such products.

All other operations incidental to these activities

Petroleum The acquisition, importation, manufacture, supply, distribution, storage or blendingofanyfinishedpetroleumproduct;

The acquisition, importation, storage or use of any feedback;

All operations concerned with the exploration for and testing of natural gas deposits;

Oil well and gas well operations and the drilling and completing and equip-ping such wells;

The storage and marketing of a petroleum product, including liquid petro-leum gas, to resellers, agents, distributors and end users.

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And all operations incidental to these activities

The following activities are, however, excluded from the

definitionofthecategory“petroleum”

The storage or marketing of any petroleum product by service stations, co-operatives in terms of the Co-operatives Act, 1981 and sellers of illuminating paraffin;

The mere transportation of any petroleum product, i.e. where the person effecting the transport does not –

•Acquire,supplyormarketsuchproduct

•Manufacture,blendorimportsuchproduct;

•Storeorintendtostoresuchproduct;

The acquisition, importation, storage or consumption of a petroleum product by the end consumer thereof;

The manufacture and supply of any chemical additive to be used to manu-facture petroleum product.

Pharmaceuticals

The manufacture, fabrication, processing and distribution (excluding whole-saling) of drugs, medicines and health – monitoring preparations, including biological products such as bacterial and virus vaccines, serums, plasmas, medicinal chemicals and botanical products such as antibiotics, guanine, strychnine, sulpha drugs, opium and pharmaceutical preparations for hum or veterinary use, and antiseptics for medical but not for household use, and all operations incidental to these activities.

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Transportation

means the undertaking in which employers and their employees are associ-ated for carrying out one or more of the following activities for hire or reward.

The transportation of goods and / or passengers by means of motor and non-motor transport including aviation;

The storage of goods, including the receiving, opening, unpacking, dispatch-ing and clearing of, or accounting for of goods where these activities are ancillary or incidental to paragraph above; and

The hiring out by labor of employees for activities or operations which ordinarily or naturally fall within the transportation of goods and / or passen-gers irrespective of the class of undertaking, industry, trade or occupation in which the client is engaged as an employer;

Including the Motor Ferry Industry which means the industry in which em-ployers and their employees are associated for the transportation of motor vehicles by road and / or sea and / or rail between vehicle manufacturers and motor dealership.

Security

(1) This determination shall apply in the Republic of South Africa to every employerinthePrivateSecuritySectorasdefinedinsubclause(2),andto all employees in that sector, except those employers and employees referred to in sub clause (3)

(2) “Private Security Sector” means the sector in which employers and employeesareassociatedforthepurposeofguardingorprotectingfixedproperty, premises, goods, persons or employees, including monitoring and responding to alarms at premises which are guarded by persons or by electronic means.

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(3) The provisions of this determination shall not apply –

(a) toamanagerasdefinedinclause2(28);or

(b) to any employer or employee who is subject to an agreement of a bargaining council in terms of the Labour Relations Act, 1995.

(4) For the purposes of determining the wage rate applicable to an employee, the area where the employee performs the employer’s duties shall be the area contemplated in clause 3 sub clause (1) irrespective of whether or not the employer has an establishment in that area.

(5) Subject to the provisions of the National Keypoint Act, 1980, this determination shall also apply to employers and employees who provide security services at National Key Points.

“Mineral” mean any substance, whether solid, liquid, gaseous form, occurring naturally in or on the earth and includes all metals, hydro carbons, precious and natural act.

“Union” means Association of Mineworkers and Construction Union (AMCU).

“OfficeBearer” means an elected member of the branch, region, national and Central Executive Committee.

“FullTimeOfficeBearers”meanallregionalandnationalelectedofficebearerswhoareholdingofficeintermsofSection213oftheAct

“Official” meansanyfixedtermand/orfulltimeemployeeofAMCUappointedat various levels or structures.

“Shaft stewards” mean an elected branch trade Union representative, including a shop steward.

“Workers” mean employees

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“Regional Council” mean the Regional Committee made up of REC and Chairpersons and Secretaries of all branches forming a region in a particular geographic area.

“Workplace” hasthesamemeaningasdefinedinSection213oftheLRA.

“NEC” mean the National Executive Committee as elected in the National Congress.

“CEC” mean the Central Executive Committee

“REC” mean the Regional Executive Committee as elected in the Regional Congress

“Shaft / Plant Committee” mean the committee elected at the shaft / plant level to take care of the shaft / plant.

35. INTERPRETATION

35.1 Whenever any doubt arises as to the interpretation of any provisions of this constitution, the National Executive Committee shall make a ruling on the matter by majority vote.

36. SEVERABILITY

36.1 In the event that this Constitution is affected by legislation or any amendments thereto, or if the provisions herein contained are, by virtue of that legislation or otherwise, held to be illegal, invalid, prohibited or unenforceable, then such a provision or clause shall be ineffective only to the extent of the illegality, prohibition or unenforceability and each of the remaining provisions or clauses shall remain in full force and effect as if the illegal, invalid, prohibited or unenforceable provision or clause was not part thereof.

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SIGNATORIES

Signed on this _______________________ day of __________ 20 _____ at Witbank.

________________________ ________________________

President General Secretary

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NOTES

www.amcu.co.za

Head officeTel: 013 590 1440email: [email protected]: J Mphahlele (General Secretary)

mpumalanga ehlanzeni regionaddress: Office No 7, Collfin House, 11 Ferreira Street, NelspruitTel: 013 590 1596 Fax: 013 590 1597email: [email protected]: F Mkhabela (Chairperson)

mpumalanga Nkangala regionaddress: Hi -Tech House Building, 198 Cnr Rhodes & Botha Street, WitbankTel: 013 656 511/5 Fax: 013 656 5112email: [email protected]: J Sibiya (Regional Secretary)

Northern cape regionaddress: 35 Eland Street, KathuTel: 053 050 5971email: [email protected]: PT Tau (Regional Secretary)

North west regionaddress: 192 President Mbeki Drive, RustenburgTel: 013 590 0199email: [email protected]: P Sello (Regional Secretary

KZN Durban metro regionaddress: 15th Floor, 1520 Building, 320 Pixley KaSeme Street, DurbanTel: 031 940 0866email: [email protected]: L Kakana (Regional Secretary)

KZN midlands regionaddress: 61 Paterson Street, NewcastleTel: 034 312 2573 Fax: 034 312 2149email: [email protected]: SG Mdletshe (Regional Secretary)

limpopo east regionaddress: Shop No 16, Block 6, Rhodium Drive, SteelpoortTel: +27 13 230 8043email: [email protected]: N Mankge (Regional Secretary)

limpopo west regionaddress: 189 Opal Street, NorthamTel: 014 940 0279 Fax: 014 940 1175email: [email protected]: S Tikoane (Regional Secretary)

eastern cape regionaddress: 2nd Floor, Eagle House, 58 Terminus Street, East LondonTel: 043 722 0559email: [email protected]: Z Mpambani (Regional Administrator)

Free State regionaddress: 407 Stateway Street, Doorn, WelkomTel: 057 352 8278email: [email protected]: KS Matlala (Regional Secretary)

Gauteng regionaddress: Montalto Building, 4 Palladium Street, CarletonvilleTel: 018 011 1804email: [email protected]: T Motloi (Regional Secretary)

KZN coastal regionaddress: Office no. 7, Palm Court, Lira Link Street, Richards BayTel: 035 940 1197email: [email protected]: T Pearce (Regional Secretary)

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