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.
• No recognition means the union cannot commence
collective bargaining as well as to enhance
harmonious industrial relations.
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Recognition of Trade Union
• A trade union can be represent either a white
collar workers or a blue collar worker.
• It cannot be representing both at one time
(IRA Section 9).
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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:
To accord recognition.
To refuse recognition with reasons given.
(Union has 14 days to report to DGIR for further action and if not, the
recognition application has been withdrawn)
To request DGTU to verify whether the union is the correct union
for his industry and whether the workers are member of the union.
o If employers fail to respond within 21 days, trade union can
submit a written report to DGIR.
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Recognition of Trade Union
The trade union writes to the employer claiming
recognition.
The employer must reply within 21 days after
receiving the claims.
The employer can either decide:
To give recognition
To refuse recognition with reasons given
To request DGIR to verify whether the union is
the correct union for its industry and whether
the workers are member of the union. 5
Recognition of Trade Union
If the employer refuses to give recognition, the union can report to the
DGIR.
DGIR will investigate and take necessary action to settle the dispute.
If the employer still refuses, DGIR can bring the matter to the Minister of
Human Resources.
Minister of Human Resource has the power to decide whether or not the
union should be recognized.
Once registered and awarded recognition, the process of collective
bargaining can take place.
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Recognition of Trade Union
• Minister of Human Resources has the power
to decide whether or not the union should be
recognized.
o Based upon recommendations of DGIR and DGTU
• Find out the percentages of the workers concerned
belong to the union.
• If more than 50% of the eligible workers in the
organization belong to the union, the Minister will
order recognition.
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Recognition of Trade Union
• DTU uses 2 methods:
a. Membership check
Company to furnish a name list of eligible employees.
Union to provide a list of paid-up members in the
company.
Checked one against the other.
b. Secret ballot
DTU visit the place of work, assemble the workers
together and distribute ballot papers.
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Recognition of Trade Union
• Prohibitions during 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 (IRA Section 10(1)(2)).
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Recognition of Trade Union
• Implications of recognition:
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
years 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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2 Type of Recognition
• General Recognition:
o Where the union represents majority of the workmen,
the trade union is entitled to make representation, in
addition to the above general question of terms and
conditions of service on behalf of all workmen, whether
or not they are members of the trade union
• Limited Recognition
o Where the union represent a minority of the workmen,
it entitled to make representation on individuals
grievances and to negotiate on behalf of its members
only.
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De-Recognition?
• Union which has been granted recognition by an employer
cannot have the that recognition taken away.
• There is no0 legal provision for de-recognition as there is
for de-registration.
• If a worker wants to join another union they can request
recognition for this union after three years elapsed from
the granting of recognition to the first union.
• (inter-union battles, between national union and in-house union.)
• DGTU has the power under TUA Sec. 15 to cancel the
registration of the union which does not have majority
support or to issue an order requiring the union to remove
from its membership list who are not anymore belongs to
the uinion.
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