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)
