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Views on Trade Union Recognition

Views on Trade Union Recognition. The proportion of workforce in unionised workplaces has fallen over the last 20 years Collective bargaining and trade union recognition still remain important New legislation requires recognition under certain circumstances. Defining Recognition.

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Views on Trade Union Recognition

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  1. Views on Trade Union Recognition • The proportion of workforce in unionised workplaces has fallen over the last 20 years • Collective bargaining and trade union recognition still remain important • New legislation requires recognition under certain circumstances

  2. Defining Recognition Defined narrowly in law - Section 178 of the 1992 Trade Union and Labour Relations (consolidation) Act

  3. Collective Bargaining Matters (1 of 2) • Terms and conditions of employment • Physical conditions in which employees work • Engagement or non-engagement, or termination or suspension of employment or duties of employment • Allocation of work or duties of employment

  4. Collective Bargaining Matters (2 of 2) • Matters of discipline • Membership • Facilities for union officials • Machinery for negotiation, consultation and other procedures

  5. Recognised Unions • Unions given legal rights to exercise on behalf of members • Consultation rights re health and safety, pensions, etc • Conclude workplace agreements with employers • Union official right to paid time off to carry out duties • Right to receive information from managers

  6. Seeking Recognition • Unions seek recognition to represent its members • Recognition seldom an easy task • Different forms of recognition may be provided

  7. Benefits of Recognition • Stable structure • Promotion of smooth industrial relations • Mechanism for upward communication compared to individual approach

  8. Drawbacks of Recognition • Perception of unions • Reduction in managers’ ability to respond quickly and flexibly to market pressures and opportunities

  9. Bargaining Types • Multi union bargaining • Single table bargaining • Single union bargaining

  10. Partnership Deals • An attempt to develop a high trust, joint problem solving approach between managers and union representatives • Communication and consultation key • Collective bargaining is supplemented with company councils, etc

  11. Flexibility Agreements • Aim to reduce the demarcation between different groups of workers • Increase tasks completed outside tightly defined job role • Typically introduced in response to intense competitive pressures • Concluded as a means of minimising job losses

  12. Technology Agreements • Facilitate the smooth introduction of new machinery and associated work practices • Result in planned transfer to new systems

  13. Levels of Collective Bargaining Arrangements • Multi employer bargaining • Single employer bargaining • Workplace bargaining

  14. Derecognition • Comparatively rare • Majority of cases relate to specific grades of employees rather than whole workforce • Partial derecognition where scope of collective bargaining matters has narrowed

  15. Central Arbitration Committee (CAC) • A statutory body independent of Government • Trade union recognition claims sent to CAC • CAC consider claims and seek voluntary agreement between the parties • Can require management to recognise unions or organise ballot of workforce

  16. Collective Consultation • Redundancy • Transfer of undertakings • Health and safety • Pensions • European work councils • Workplace agreements

  17. European Work Councils • Between 3 and 30 members • Workforce elect members • Meetings to be annually • Special meetings held in exceptional circumstances • Councils have right to be informed about any measure liable to have a considerable effect on employees’ interests • Community scale matters need to be discussed

  18. Workplace Agreement Legislation • Working Time Regulations 1998 • Maternity and Parental Leave, etc. Regulations 1999

  19. Consultation in Practice • Consultation hallmark of good management • Lack of consultation can be seen as autocratic • Lack of consultation can result in low levels of motivation, higher staff turnover, poorer levels of customer service

  20. Joint Consultative Committees • Common in union workplaces • Are used by many companies in parallel with collective bargaining machinery • Sometimes used as a substitute for collective bargaining

  21. HR Role in Recognition & Consultation • Facilitating role • Advisory role • Executive role

  22. Summary (1 of 2) • Trade union recognition is less common than 25 years ago • Collective bargaining remains the main means pay and conditions are determined in public sector • Recognition occurs if it negotiates with union over pay & conditions & employment policy • Recognition gives unions and their representatives important rights in law

  23. Summary (2 of 2) • Collective bargaining varies in terms of scope and level • Move to partnership agreements in recent years • Legal route for unions to secure recognition • Recognised unions have a right to be consulted over a range of issues • Consultation is a hallmark of a good employer

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