Collective Bargaining

There is a  procedure for recognition of trade unions. A trade union seeking recognition may make a request. Only a trade union with a certificate of independence may request recognition. It is valid only if the employer or associated employers employ at least 21 workers or have done so within the previous 13 weeks.

If, at the end of the listed period, the parties agree to a bargaining unit and the union is recognised, no further steps are required. Further provisions apply if the employer informs the union that he does not accept the request but is willing to negotiate. Parties may negotiate with the view of agreeing on a bargaining unit.

If the unit is made at this further phase, no further steps are required.

The employer may request the Agency (Labour Support Agency?) to assist in the conduct of negotiations. The earlier phase contemplates steps to be taken within time limits or in default moving to the next stage.

If before the end of the first period, the employer fails to respond or refuses to accept the request, the unions may apply to the court to decide whether the proposed bargaining unit is appropriate and whether the unions have the support of the majority of workers constituting it.

The industrial court assesses factors including the level of union membership, presence of other unions. The court may organise a ballot amongst the affected employees to decide whether recognition should be awarded. There is an emphasis on seeking voluntary agreement.

If a union is recognised, it can negotiate over terms and conditions of employment.

The court declaration is to the effect that the union is recognised to conduct collective bargaining on behalf of the group of workers in the bargaining unit. The court considers the validity of the application in the first instance. 10% of the proposed bargaining unit must be union members and whether a majority of workers in the proposed unit are likely to support recognition.

The court decides whether the proposed bargaining unit is an appropriate one in terms of compatibility with effective management. If it is not appropriate, the court must decide on an appropriate one.

If the court decides on a different bargaining unit, then the earlier validity and admissibility tests are repeated. If the application remains valid and over 50% of the ballot bargaining unit are members of the union, it may declare the union recognised.

The court may decide to hold a secret ballot for specified reasons such as good industrial relations. This may occur where the union has over 50% of the membership.

After a request for recognition has been made, an agreement may be entered. It must be maintained for three years.

There are procedures where as a result of change in employer’s business, either the union or the employer believes that the bargaining unit has changed or has ceased to exist. There are provisions to declare a union be recognised where the employer or workers in the unit, make a request, where recognition arose from an earlier declaration of an industrial court. Employees may seek the recognition where the employer has voluntarily recognised a union which does not have a certificate of independence.

There are restrictions on the use of trade union funds for political objectives. There must be a resolution in force approving the furtherance of those objects as objectives of the union. There must be rules in force making the political fund an accepted fund and dealing with contributions to that fund by members, which comply with the legislation and have been approved by the Certification Officer.

The political objectives are expenditure of money and contributions to political party’s expense, provision of property or services on behalf of a political party, candidature of any person, maintenance of any holder of a political office, holding of political party conferences, production, publication, distribution of documents, film, recording, advertisement to persuade persons to vote for a political party.

A member of the trade union may apply to the Certification Officer for a declaration that there has been a breach of the above The Certification Order may grant or refuse an appropriate declaration. He may refuse to accept an application until all reasonable steps to resolve the claim have been by internal compliance procedures have been used, followed.

The Certification Order is to make appropriate inquiries as he sees fit and give the applicant and union an opportunity to be heard. He may make or refuse the declaration sought. He is to give reasons for his decision.