Many employers fall victim to opportunistic Trade Unions, which exploit the employer’s lack of experience and knowledge. In this article, we look at the rights of the Trade Union and how it is affected by the representativity of the Trade Union.
Grasping the general principles of Collective Bargaining and understanding both the advantages and disadvantages or even the required processes relating to organisational rights will not bring any salvation to an employer without the proper understanding of the legal principles involved in this process.
Collective Agreements such as Recognition Agreements, Closed Shop Agreements, or Agency Shop Agreements should be viewed as a balancing act to ensure that Trade Unions are not granted more rights than what they are entitled to. Many employers fall victim to opportunistic Trade Unions, who exploit their lack of experience and knowledge.
How are Trade Union rights determined?
The rights of trade unions are to a larger extent determined by their representativity.
The Labour Relations Act draws a distinction between the rights of majority representation, in other words where they represent 50% +1 of the employees, and sufficient representation which loosely refers to instances where they represent between 20% and 50% of the employees.
The Act does not provide a concise definition of the term “sufficient” representation and it should be treated on a case-to-case basis.
Sufficiently Represented Trade Unions are entitled to the following:
- Enter the employer’s premises in order to recruit members or communicate with members, or otherwise serve members’ interests.
- Hold meetings with employees outside their working hours at the employer’s premises.
- Vote at the employer’s premises in any election or ballot contemplated in that trade union’s constitution.
- Authorise the employer in writing to deduct subscriptions or levies payable to that trade union from the employee’s wages.
Trade Unions with Majority Representation or their representatives are entitled to the following:
- To elect from among themselves Trade Union representatives.
- To assist and represent the employee in grievance and disciplinary proceedings.
- Monitor the employer’s compliance with the workplace-related provisions of this act, any law regulating terms and conditions of employment, and any Collective Agreement binding on the employer.
- To report any alleged contravention of the workplace-related provisions of this act, any law regulating terms and conditions of employment and any Collective Agreement.
- A Trade Union representative is entitled to take reasonable time off with pay during working hours to perform the functions of a Trade Union representative.
- A Trade Union representative is entitled to take reasonable time off with pay during working hours to be trained in any subject relevant to the performance of the functions of a Trade Union representative.
- To take reasonable leave during working hours for the purpose of performing the functions of that office.
- Request all relevant information that will allow the Trade Union representative to perform effectively the functions referred to in Section 14(4).
- Claim disclosure of all relevant information that will allow the representative Trade Union to engage effectively in consultation or Collective Bargaining.
