Clause 25.2 of the Constitution be amended by deleting its content in its entirety and substituting it with the following:
25.2.1 Reasonable notice must be given to members of holding a ballot. The Notice of the ballot may be given to the members by direct communication which will include emails or SMSs. Or it may be given by the display of notices at the workplace and at the Employers Organisation’s offices. The notice will be given by the Executive Director, at least three (3) days before the ballot is to be taken. A ballot may be taken without notice at any General Meeting or Executive Committee Meeting on the decision of a majority of the Members present.
25.2.2 The date and time of the ballot will be displayed on the notice.
25.2.3 The Executive Director will provide the Members with the ballot papers;
25.2.4 The issue to be voted upon shall be set forth clearly on the ballot papers.
25.2.5 Ballot papers will not contain any information that will enable someone to identify the voter(s).
25.2.6 A ballot must be conducted in terms of a voters ‘roll of those members who are in good standing in terms of the constitution of the employers’ organisation that the employers’ organisation proposes to declare or take part in a lockout. The Voters ‘roll may be derived from the organisations’ membership records. The Voters roll will identify which of the members will be entitled to vote. Voting is limited to one vote per member per branch.
25.2.7 In the case of an electronic ballot conducted by email or SMS, the voters ‘roll must reflect the email address or mobile number of the members concerned and must be scrutinized and conducted by the CCMA or any independent organisation. The CCMA or any independent organisation must keep the postal ballots for three months and thereafter submit to the employers’ organisation for record-keeping.
25.2.8 In the case of a postal ballot, the voters ‘roll must reflect the postal addresses of the members. The CCMA or any independent organisation must keel the postal ballots for three months and thereafter submit to the employers’ organisation for record-keeping.
25.2.9 Employers Organisations may elect to ballot members outside of the bargaining unit in respect of which it proposes to call a lock-out, or to ballot non-members within the bargaining unit. However, those ballots must be conducted and recorded separately from the ballot of members in respect of whom the Organisation proposes to call a lockout;
25.2.10 In all ballots two scrutineers shall be appointed by the Executive Committee to supervise any ballots and ascertain the results thereof.
25.2.11 The Organisation will provide ballot boxes for a secret ballot. Each voter shall in the presence of the scrutineers be issued with one ballot paper. The voter will complete the ballot in secret, fold and place in the unmarked container as provided for;
25.2.12 Ballot papers should not be marked or signed in any way apart from the mark required to be made by the member. Ballot papers containing any other mark shall be regarded as spoilt and shall not be counted;
25.2.13 Ballots can be counted at the voting place, at an office of the Organisation or at any other place determined by the Scrutineers;
25.2.14 Ballot boxes shall be inspected by the scrutineers and sealed by the Director in their presence prior to the issue of ballot papers
25.2.15 The Records of Voting which includes the voters ‘roll, ballots in sealed boxes and any documents used to calculate the outcome of the ballot, shall be kept for not less than three (3) years
25.2.16 In the case of electronic ballots, appropriate records must be retained.
25.2.17 The Executive Committee shall be bound to take action in accordance with the decision of a majority of the members voting;
25.2.18 No ballot involving the declaration of or the participation in a lockout shall be taken until the matter that gave rise to the occasion has been dealt with as provided for in the Act;
Clause 25.5 (a) – (b) be deleted in its entirety and substituted with the following:
25.5 Despite any other provision in this Constitution –
25.5.1 a strike/lockout may only be called in terms of this Constitution after a secret ballot has been conducted of those members in respect of whom the strike/lockout is called;
25.5.2 a member shall not be disciplined or have their membership terminated for failure or refusal to participate in a strike/lockout if –
220.127.116.11 a secret ballot was not held about the strike/lockout;
18.104.22.168 a secret ballot was held, but a majority of the members who voted did not vote in favour of the strike/lockout.
Insert additional clause 25.6 which reads as follows:
25.6 The documentary or electronic record of a ballot about a strike/lockout must be retained for three years from the date of the ballot.