Transcript TOPIC 5 RECOGNITION

TOPIC 5
RECOGNITION OF TRADE UNIONS
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UPON COMPLETING THIS TOPIC,
STUDENT SHOULD BE ABLE TO:
Define the term recognition.
Describe the scope, type and
requirement of recognition
Explain
the
procedures
of
recognition
Discuss
on
the
effects
of
recognition.
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5.1
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INTRODUCTION
Recognition is related to reasons why
employees form and join trade union namely:
i.
ii.
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To protect themselves from any exploitation by their
employers.
To improve and obtain better terms and conditions
of service.
These can be done through grievance
processing and collective bargaining
Therefore, a trade union must be recognized
by the employer before they can do so – as a
pre requisite.
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5.1
DEFINITION
Maimunah Aminuddin says,
• “Recognition means an individual employer is willing to
accept the union as a rightful representatives of his
workers. Representation is so important in the collective
bargaining process and in the interest of harmonious
industrial relations.”
(2006: pg. 163)
General definition;
• “Recognition can be defined as the acceptance of an
employer towards a workmen’s union as being
representative of either at least some of his employees
or majority of his employees to bargain collectively”.
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5.2
SCOPE OF REPRESENTATIVE
Recognition is related to types of employees’ union namely:
i.
White-collar employees’ union
ii.
Blue-collar employees’ union
5.2.1 Interpretation
i) A Blue–collar union is restricted from seeking recognition
in respect of white-collar union.
ii) A white-collar union is restricted from seeking recognition
in respect of blue-collar union. (Sec.9 (1), IRA)
• But, IRA 1967 does not provide any resolution of disputes
over the status of particular union whether blue or whitecollar.
• It authorizes the DGIR to “…take such steps…to resolve
the matter”. (Sec. 9 (1A), (4A) & (5)
• In order to resolve the matter “the DGIR can ask further
particulars from parties involved.” (Sec. 9 (4B), IRA)
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SCOPE OF REPRESENTATIVE …. Cont’d
Meaning:
• Only blue-collar unions can represent
blue-collar workers
• Only white-collar unions can represent
white-collar workers
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5.2.2 Types of recognition
• The types of recognition can be divided
into two main categories based on the
following:
i. The scope of recognition
ii. The way a recognition is granted by the
employers.
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Types of recognition …. Cont’d
• Scope of recognition
i. General recognition – more than 50.1%
workers join the union, collective
bargaining, members and non-members)
ii. Limited recognition – less than 50% (only
members, grievance procedure)
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Types of recognition …. Cont’d
• The ways employers granted recognition:
i. Voluntary recognition – employers simply
agree to grant recognition
ii. Statutory union recognition – an
employees union make a written
application for recognition when it is
unable to gain voluntary recognition
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5.3 PROCESS / PROCEDURES OF
RECOGNITION
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An employees’ union must meet a number
of conditions to be recognized .
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However, even all of them are met, there is
no guarantee that a union will be
recognized by the employer.
•
i.
ii.
What matters are to be met?
Conditions, and
steps
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PROCESS OF RECOGNITION … cont’d
5.3.1 Conditions / requirements
i. the union must be a legally registered union.
ii. the union must be competent = fit / capable to
represent the employees concerned.
iii. The union must be sufficiently representative of
the employees concerned (i.e. at least 51.1% of
workers are members)
iv. the union must be an appropriate = accurate
union to represent the employees concerned i.e.
a. a non- MECS union if the employees are nonMECS employees.
b. MECS union if the employees are MECS
employees.
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PROCESS OF RECOGNITION … cont’d
5.3.2 Steps
i. the claims must be made in writing and in the
prescribed form (by the union i.e. Claim for
Recognition Form or Form A). (Sec.9, IRA)
ii. the employer upon whom the claim is served
must, within 21 days of its service, either
accord recognition or refuse to accord it.
• If the employer does not accord, he is required
to notify the union in writing of the grounds for
not according recognition. (Sec. 9(3)(a)(b) IRA)
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5.3.2 Steps … cont’d
iii. the employer may also, within 21 days apply to the
DGIR to ascertain whether or not the union fulfils
the requirement for recognition.
– If the employer does so, he is required to give
the union written notice of the application. (Sec.
9(3)(c), IRA)
iv. the union may file a complaint in a form of a written
report to the DGIR if the employer either refuses to
accord or fails to comply with the abovementioned
requirements. (Sec. 9(4), IRA)
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Steps … cont’d
v. the DGIR upon receiving either an
application form from an employer or a
complaint from a union is:
– authorised to take any steps to resolve
the disputes. (Sec. 9A(1), IRA)
– also authorised to compel the employer
or employee to furnish information to
resolve the disputes. (Sec. 9A(2)(a), IRA)
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Steps … cont’d
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In order to carry out this function the DGIR can
use his discretionary power as follows:
(a) requires the trade union or the employer to
provide the necessary information to resolve
the dispute.
(b) refers to the DGTU for his decision any
question on the competence of the trade union
of workmen to represent the workers
concerned. (Sec. 9(4B), IRA)
In this regard, his function is as a conciliator
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Steps … cont’d
vi. If, despite his efforts, the dispute is not resolved,
the DGIR is required to notify the Minister of
HRs…and then MHRs is required to resolve it.
(Sec. 9(4c), IRA)
vii. If the Minister decides that recognition is to be
accorded to the union involved, then, the
recognition shall be deemed to be accorded by the
employer concerned as from such date as the
Minister may specify.
(Sec. 9(5), IRA)
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The decision of Minister (accord or not to accord)
shall be final and shall not be questioned in any
court. (Sec. 9(6), IRA)
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5.4 OTHER MATTERS RELATED TO
RECOGNITION
There are other matters which associated with
recognition namely:
a) The importance of recognition
b) Common problems faced in the recognition
process
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5.4.1 IMPORTANCE
Reasons that show the importance of recognition:
i.
Enable a union to represent workers who have
grievances or dissatisfaction toward their
employers.
ii. Enable collective bargaining to be carried out to
resolve a claim
iii. Enable negotiation to resolve disputes.
iv. Can strengthen “esprit de corp” among workers
v. Enable workers to bargain for better working
conditions at a workplace.
vi. Can prevent employers from committing any
arbitrary action towards their employees.
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5.4.2 COMMON PROBLEMS
1. The investigation by employer to check union membership.
• employers show hostility response (hostile towards their
employees)
• employees react negatively
• e.g. Foh Hup Omnibus vs MLMP another.
2. When two or more unions make a claim to represent workers
in a workplace.
• problem occurs when two or more unions make a claim to
represent workers in a workplace.
• E.g. the MLMP another vs Paterson Candy (M) Sdn Bhd
3. Employers’ attitudes and reactions in dealing with claim for
recognition.
• usually done by calling and questioning employees with claim
for recognition and support (but not encourage)
• e.g. the United Traction Co. Sdn. Bhd. Vs the Transport
Workers Union.
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Discussion questions:
1. Analyse the relationship between registration and
recognition.
2. Explain on the way to determine the trade union
competency and representativeness.
3. Explain the terms white-collar and blue collar
unions.
4. Discuss the importance of types of recognition to
a trade union.
5. Explain any two (2) possible methods to
overcome problems in the recognition process.
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