Industrial Relations-registration

8/13/2019 Industrial Relations-registration

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INDUSTRIAL RELATIONS ADS465

SEMINAR 2



Process

The perspective

industrial

relations

Approaches

Context

Industrial action

conciliation/arbitration

Collective

bargaining

Concept

Employee involvement

and participation

Trade unions and

management Government

Industrial Relations

Participants

Arbitration Mechanism

Labor Court &Industrial Court

Laws :Industrial

Relations Act

Trade Union Act

The Employment

Act

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Recognition of Trade Union

Objective of the lecture

Define the term recognition

Describe the scope, type and requirement ofrecognition

Explain the procedures of recognition

Discuss on the effects of recognition.

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Definition of recognition

“employer concedes that the union is a legitimate

representative of the workers and has the rightto speak on their behalf” (Maimunah Aminuddin 2007: pg. 148)

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Definition of recognition

“the acceptance of an employer towards aworkmen’s union as being representative ofeither at least some of his employees ormajority of his employees to bargain

collectively”

A trade union is “recognized” by an employerwhen it negotiates agreements withemployers on pay and other terms andconditions of employment on behalf of agroup of workers

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Scope of recognition

Types of employees’ union: White-collar employees’ union Blue-collar employees’ union

Only blue-collar unions can representblue-collar workers

Only white-collar unions can represent

white-collar workers

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Type of recognition

i. General recognition – more than 50.1%workers join the union, collective bargaining,members and non-members)

ii. Limited recognition – less than 50% (onlymembers, grievance procedure)

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Means of obtaining recognition

i. Voluntary recognition – employers simplyagree to grant recognition –

When a union uses voluntary means to get

recognition, it will contact the employer withoutusing any legal procedures.

ii. Statutory union recognition – an

employees union make a writtenapplication for recognition when it isunable to gain voluntary recognition

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Conditions for Recognition

Must be a registered union

Must be competent to represent-

establishment, trade, industry or

occupation

Must be an appropriate union - blue

collar/white collar

Must have the majority

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Procedural steps towardsrecognition

Union

• Registered union serves on the

employer a claim forrecognition

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…….Procedural steps towardsrecognition

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Employer/Company

• Must reply within 21 days

• Accord recognition - S9(3)(a)

• Notify DG - S9(3A)

• Refuse – notify in writing grounds for notaccording

• DGIR may request DGTU to verify

• Union is the correct union for the industry• Workmen are members of the trade union




Union

• Upon receiving notification ofrefusal

• Within 14 days• After 21 day has lapsed -

report in writing to the DG

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Employer/Company

• Upon receiving notification of

refusal• Within 14 days

• After 21 days has lapsed -report in writing to the DG




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Director

General

• Upon receipt of report

• Make enquiries to ascertain competency ofworkmen concerned to represent the workmen

• Get the percentage of workmen by secret ballot

• In carrying his function• May ask for information

• Request DGTU to ascertain competence of tradeunion

• May enter place of employment to examine

record, document or have secret ballot• Upon ascertaining the matter

• Notify the Minister




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Minister

• Upon receipt of notification Ministershall give his decision

• If Minister decide that recognition is to beaccorded, such recognition shall bedeemed to be accorded by employer

• Decision of Minister shall be final andnot questioned in court



Summary of the Recognition ProcessRegistered union serves on the employer a claim for recognition.

Must reply within 21 days. Accord recognition- Section 9 (3) (a)

Notify DG- Section 9 (3A)

Refuse- notify in writing grounds for not according.

DGIR may request DGTU to verify:

Union is the correct union for industry. Workmen are members of T.U

Upon receiving notification of refusal or, after 21 days has lapsedand no reply, within 14 days- report in writing to DGIR.

DGIR tries to solve the issue and may ask for documents andsecret ballot.

If cannot resolve, notify Minister and decision of Minister will befinal.

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Importance of recognition Enable a union to represent workers

who have grievances or dissatisfactiontoward their employers.

Enable collective bargaining to becarried out to resolve a claim

Enable negotiation to resolve disputes.

Can strengthen “esprit de corp” amongworkers

Enable workers to bargain for betterworking conditions at a workplace.

Can prevent employers from committingany arbitrary action towards theiremployees

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Effects of recognition

Union can represent individual memberswho have grievance and complaintUnion can negotiate for better terms andconditions on behalf of all workers in the

workplace who are eligible to be memberof union, whether or not they aremembers of union

Need to start collective bargaining process

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Trade union rights in practice and violations in 2006

Sources: Annual Survey of violations of trade union rights – MTUC 2007, www.ituc-csi.org

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Six years on at Kaneka – and the union is still not recognised: In 2006

the DGTU turned down a recognition claim by the National Union of

Petroleum and Chemical Industry Workers (NUPCIW) at four

companies of the Kaneka group. The company’s refusal to recognise

the union and the slowness of official procedures meant theapplication had dragged on for five years, by which time many of the

original union members had left. Hence the union no longer had

enough members to be recognised.

.

http://www.ituc-csi.org/






Trade union rights in practice and violations in2008

Sources: Annual Survey of violations of trade union rights – MTUC 2009, www.ituc-csi.org

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Union recognition arbitrary and extremely slow: Obtaining a

response from an employer to a request for union recognition should

take a maximum of 21 days. However, in reality this takes much longer

if a dispute occurs, because the matter must be taken to the Director

General of Industrial Relations (DGIR), the DGTU and then the

Minister of Human Resources, who has the final say, unless that is

challenged in the High Court. Some applications take as long as three

to five years.







The End

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Industrial Relations-registration

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