If a union can prove that its members represent the majority of all workers in the workplace, the union has a final right to recognition. In other words, it is entitled to organizing rights under the LRA. A union will successfully obtain recognition in the workplace if it can prove to the employer or the CCMA that it is sufficiently represented among the workers. The question is what is sufficient representation. But sometimes employers and unions are not able to enter into a voluntary recognition agreement. In these cases, the union may apply for legal recognition, provided it has met certain basic conditions: the union must have already submitted a formal application for recognition to the employer; The organization employs at least 21 workers; The union must have at least 10% members and perhaps obtain a majority in a ballot; and if the employer has proposed to include Acas, the union must have given its consent within ten working days. In practice, this means that the union is recognized by the employer without resorting to legal procedures. See voluntary recognition of a union. It is therefore essential that employers be able to assess in advance whether the union concerned is sufficiently representative or not. Indeed, if the answer is “yes,” there is no point in refusing recognition. The aim of this initiative was to reach an agreement with the European Union where we can count on inspections of each other`s drug production.
After almost three years of negotiations, we concluded the mutual recognition agreement between the United States and the European Union last March. If an employer and a union find that they are unable to enter into a voluntary recognition agreement, a union may apply for legal recognition. This applies only if the employer employs 21 or more employees with all associated employers. Keep in mind that even after the initiation of the legal procedure, there may be voluntary agreements – see voluntary recognition as part of the legal procedure. See the legal recognition of a union – beginning of the procedure. The purpose of a recognition agreement is to give the employer the ability to strictly control the activity of the union and business managers. Without such an agreement, the stewards of the shop can go wild. That is, they can get into trouble and waste valuable production time dealing with union issues instead of earning the money they are paid. Acas offers trade union recognition training for people who want to understand the legal aspects of cooperation with trade unions and improve their skills in collective agreements.
If a union addresses an employer for organizational reasons, the parties must meet to enter into a collective agreement. If such a meeting does not result in an agreement, the union is required to refer the dispute to the CCMA. About one-fifth of the disputes Acas faces each year relate to union recognition. But there is no need for an argument for Acas to help. It can provide confidential information and advice on union recognition and many other industrial relations issues and help employers, workers and unions work together to achieve the best results. When an employer agrees to recognize a union, the employer has certain legal obligations to the union and its members – see the consequences of union recognition. The most common opportunity for a union to obtain recognition of collective bargaining is for the employer to simply agree to recognize them voluntarily.