TRADE UNION RECOGNITION

Synonymes ou variantes : UNION RECOGNITION
Équivalents : RECONNAISSANCE SYNDICALE
RECONOCIMIENTO SINDICAL
Domaine : Trade union

Définition

The recognition by an employer of a union as the official representative of employees.

Contexte

"[…] although employment rights typically apply to small businesses, the small business is a sector characterised by low levels of trade union membership, low levels of trade union recognition, and low levels of collective bargaining coverage."
(Ewing, K. and A. Hock, Trade Union Recognition in Small Enterprises, "Employment Regulation, Small Businesses and Trade Union Recognition: a New Two-Tier Workforce", 2005, visited 2011-05-22)

Description

A trade union is said to be recognized when an employer consents to negotiate with it on pay and working conditions for a particular group of workers.

As such, trade union recognition is a precondition of collective bargaining.

In its 1998 Declaration on Fundamental Principles and Rights at Work, the International Labour Organization re-stated the need to uphold workers' rights, and referred notably to the "freedom of association and the effective recognition of the right to collective bargaining." These rights are also established in the International Labour Organization Convention 87 on freedom of association (1949) and also in Convention 98 on the right to organize and bargain collectively (1948).

Recognition Clause

The "recognition clause" states the union's rights and the management's obligation to deal with the union. Most often the recognition clause is at the beginning of the union contract. The following is an example:
"The employer recognizes the Union as the sole and exclusive bargaining agent, for the purpose of establishing wages, hours and conditions of employment."
(United Electrical, Radio and Machine Workers of America, "Information for Workers, visited 2008-05-24)

Recognition Procedures: An Example from the UK

Procedures for acquiring official recognition can vary greatly from one country to another. In the UK, many unions use voluntary means to gain recognition, without legal procedures. Alternatively, a trade union can make an application for statutory recognition. Only trade unions representing more than 21 workers can make a claim for statutory recognition. To be recognized, the trade union must show, either through a ballot or membership levels, that it has the support of a majority of workers in the bargaining unit. If the application is accepted by competent authorities, the parties must then agree to a bargaining procedure. If they cannot agree on a procedure, one is imposed.
(adapted from Business Link, Recognising and Derecognising a Trade Union, Department for Business, Enterprise and Regulatory Reform, visited 2011-05-24)

Relations sémantiques

Associatives

Employer
FREEDOM OF ASSOCIATION
COLLECTIVE BARGAINING
C87 Freedom of Association and Protection of the Right to Organize, 1948
C98 Right to Organize and Collective Bargaining, 1949
ILO Declaration on Fundamental Principles and Rights at Work
Trade union recognition clause
© Jeanne Dancette