CHAPTER FIVE

RECOGNITION OF TRADE UNION

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 Recognition of Trade Union
• Recognition by the individual employer is important
where the union is accepted as the rightful
representative of his workers and has the right to
speak on their behalf.
• Recognition is the starting point for collective
bargaining.
• Bargaining by recognized trade union enable
employees’ involvement, encourage trust and
commitment as well as to enhance harmonious
industrial relations.
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 Types of Recognition of Trade
Union
• Voluntary recognition
– When an employer voluntarily recognizes a trade
union without using legal procedures
• Statutory recognition
– If an employer and trade union do not come to a
voluntary recognition, a trade union can make
application for statutory recognition.

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Procedure for Recognition of Trade
Union
o A written application must be made in prescribed form
as required under IRA Section 9(2) to the employer
claiming recognition.
o The employer must reply within 21 days after receiving
the claims.
o The employer can either decide:
o To accord recognition voluntarily S9(3)
o to refuse recognition with reasons given
o to request DGIR to verify whether the union is the correct
union for his industry and whether the workers are member of
the union

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Procedure for Recognition of Trade
Union
o S9(4) :If employers fail to respond or recognition is
not accorded, trade union can submit a written
report to DGIR within 14 days of receipt of the
notification or after expiry of the timeframe of 21
days
o S9(4A) :DGIR, upon receipt of the report, shall
enquire to ascertain:
o The competence of the TU to represent workmen in
respect of whom recognition is being sought to be
accorded

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Procedure for Recognition of Trade
Union
o S9(4B): DGIR:
•shall have the power to require the trade union of workmen,
the employer, or the trade union of employers concerned to
furnish such information as he may consider necessary or
relevant within the period specified in the requirement;
•may refer to the Director General of Trade Unions for him to
ascertain the competence of the trade union of workmen
concerned to represent any workmen
•may enter any place of employment where any workmen in
respect of whom a claim for recognition is sought to be accorded
in order to examine any records, documents or to conduct secret
ballot.
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 Procedure for Recognition of Trade
Union
• S9(4C) Upon ascertaining the matter under
subsection (4A), the Director General shall
notify the Minister.
• S9(5) Upon receipt of a notification under
subsection (4C) DGIR reports to the Minister of
Human Resources who then decides on the
claim.
• S9(6) The decision is “final and cannot be
challenge in any court”
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 Procedure to determine
competence
oMembership verification
oA visit to the workplace by an officer of Trade Union
or DGTU to determine the business activity of the
establishment concerned. The membership clause of the
union concerned is examined
oCheck off
oEmployees are asked to state in writing whether or
not they belong to a union. Also to undertake in writing
that they are willing to have union membership fees
deducted from their salary
oSecret ballot
oEnables employees to exercise their option secretly,
without fear or favour.
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 Recognition of Trade Union
• Scope of representation:
– Under S9(1) IRA, a trade union of workmen that majority
of whose membership consists of workmen who are not
employed in a managerial, executive, confidential or
security capacity is precluded from claiming for
recognition in respect of workmen employed in any of the
said capacities.
– Any dispute arise before/after recognition has been
accorded whether any workman is employed in any of
capacities may be referred to DGIR/Minister

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 Prohibitions Pending Recognition
• Pending the proceedings to claim for recognition:
o Workmen are prohibited from declaring pickets and
strikes pending the recognition application.
o Pickets and strikes are forbidden not only during the
proceedings for recognition but also after a decision
was made by the minister relating to recognition.
o Employers also are forbidden from declaring lock-outs
and terminating the services of the workmen during
specified period except termination under disciplinary
reasons (S10(1)(2) of IRA).

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 Implications of Recognition
• S11 of IRA:
o Once recognition is accorded to a trade union, no
other trade union representing the same workers or
class of workers can apply for recognition within a 3
year period from the day recognition was accorded.
o However, the limitation is waived if the union
accorded with recognition cease to exist within the
stipulated period.
o If the application for recognition is rejected, the
particular union can only reapply for recognition after
6 months from the date of rejection.

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 Recognition of Trade Union
• Types of recognition
o Limited – the union is entitled to make representation on
individual grievances and to negotiate on behalf of its
members only
o General – the trade union is entitled to make
representation, in addition to the above, general questions
of terms and conditions of service on behalf of all
workmen, whether or not they are members of the trade
union

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 De-Recognition
• Where employers have agreed to bargain
with a trade union, they are said
to 'recognise' that trade union. Where
employers have ceased bargaining with a
trade union, they are said to
have 'derecognised' the trade union.
• Certain procedures have to be followed for it
to be derecognised.

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 De-Recognition

When employers can apply

•workers in the bargaining unit no longer support the union
•the number of union members in the bargaining unit has fallen
to below 50%

When workers can apply

workers in the bargaining unit no longer support the union and
don’t want to be represented by the union.

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