Chapter 5:Recognition of Trade Union

Recognition of Trade Union

Recognition by the individual employer is important where the union is accepted as the rightful representative of his workers and has the right to speak on their behalf

Recognition is the starting point for collective bargaining

Bargaining by recognized trade union enable employee's involvement, encourage trust and commitment as well as to enhance harmonious industrial relations

Types of Recognition of Trade Union

Voluntary recognition

statutory recognition

Procedure for Recognition of Trade Union

S9(4) if employer fails to responds or recognition is not accorded, trade union can submit a written report to DGIR within 14 days of receipt of notification or after expiry of the timeframe of 21 days.

S9($A) DGIR, upon receipt of the report, shall enquire to ascertain: the competence of the TU to represent workmen in respect of whom recognition is being sought to be accorded.

S9(4B)

shall have the power to require the trade union of workmen, the employer, or the trade union of employers concerned to furnish such information as he may consider necessary or relevant within the period specified in their requirement

May refer to the Director of General of Trade Unions for him to ascertain the competence of the trade Union of workmen concerned to represent any workmen

may enter any place of employment where any workmen in respect of whom a claim for recognition is sought to be accorded in order to examine any records, documents or to conduct secret ballot.

Procedure to consider competence

Membership verification

check off

Secret ballot

Scope of representation

Under S9(1) IRA, a trade union of workmen that majority of whose membership consists of workmen who are not employed in managerial, executive,confidential or security capacity is precluded from claiming for recognition in respect of workmen employed in any of the said capacities.

Any dispute arise before/after recognition has been accorded whether any workmen is employed in any of capacities may be referred to DGIR/minister

Prohibition pending recognition

Workmen are prohibited from declaring pickets and strikes pending the recognition application

Pickets and strikes are forbidden not only during the proceedings for recognition but also after a decision was made by the minister relating to recognition

employers are also forbidden from declaring lock-outs and terminating the services of the workmen during specified period except termination under disciplinary reasons (S10(1)(2) of IRA)

Types of recognition

Implications of Recognition

Once recognition is recorded to a trade union,no other trade union representing the same workers or class of workers can apply for recognition within a 3 year period from the day recognition was accorded.

However, the limitation is waived if the union accorded with recognition cease to exists within the stipulated period

If the application for recognition is rejected, the particular union can only reapply for recognition after 6 months from the date of rejection

Limited

General

Procedure for recognition of trade Union

S9(4C) Upon ascertaining the matter under subsection (4A), the Director General shall notify the minister

S9(5) Upon receipt of a notification under subsection (4c) DGIR reports to the Minister of Human Resources who then decides on the claim.

S9(6) The decision is "final and cannot be challenge in any court"

Procedure for recognition of Trade Union

A written application must be made in prescribed form as required under IRA section 9(2) to the employer claiming recognition

The employer must reply within 21 days after receiving claims

The employer can either decide

To accord recognition voluntary S9(3)

to refuse recognition with reasons given

to request DGIR to verify whether the union is correct union for his industry and whether the workers are member of the union

De-Recognition

Where employers have agreed to bargain with a trade union, they are said to 'recognise' that trade union. Where employers have ceased bargaining with a trade union, they are said to have 'derecognised' the trade union

Certain procedures have to be followed for it to be derecognised.

when employers can apply

workers in the bargaining unit no longer support the union

the number of union members in the bargaining unit has fallen to below 50%

When workers can apply

workers in the bargaining unit no longer support the union and don't want to be represented by the union.