The subsequent bargaining process is called collective bargaining, where the group of workers represented by the union is called a bargaining unit. Once a union is recognized, either voluntarily or by law, employers are generally required to fulfill certain obligations. As a general rule, collective bargaining procedures must be agreed and the scope of an agreement defined. Negotiated procedures may include: how and when meetings are organised; Names of employer and union. Recognition can be done either by agreement with the employer, so-called voluntary recognition, or through a legal process called legal recognition. The voluntary route is by far the most preferable and even the most common; it builds consensus with your employer on the benefits of union recognition from the outset. However, if the voluntary recognition procedure does not bear fruit, we are entitled to request the legal recognition of a group of employees of which at least 10% are members of NEU. A statutory body, the Central Arbitration Committee (CAC), examines the union`s request with the employer`s representatives. The union must ask you to voluntarily recognize them – if you accept the request, the union will be recognized.
As an employer, you may need to work with unions that represent groups of your employees, sometimes called bargaining units. If NEU can prove that more than 50% of the employee group are members, a CCA tribunal will generally automatically grant recognition. Otherwise, or if there are doubts as to whether these members wish recognition of NEW, an AAC tribunal may order that the group of workers be elected. In this case, a majority of the group must vote in favour, and this majority must constitute at least 40% of the group for recognition to be granted. If an employer accepts recognition from a union, it has certain legal obligations to the union and its members – see the consequences of union recognition. While recognition requires both parties to negotiate in good faith, it does not require an agreement and does not give the union a veto over any employer proposal. Ultimately, recognition is as strong as the membership and union organization of your school or college, that is, the number, commitment and collective activity of the members themselves. On the other hand, the absence of union recognition does not necessarily mean that the influence of the union is nil. In fact, many independent schools that do not recognize NEU have meaningful consultations with staff and grant NEU representatives many of the legal rights to which recognition would entitle them. In practice, this means that the union is recognised by the employer without applying any legal procedures.
See voluntary recognition of a trade union. Unions negotiate with you on working conditions, such as wages and holidays. You must recognize the union before it can negotiate with you. Note that there may be voluntary agreements even if the union has triggered the legal process – see voluntary recognition in the legal procedure. See the legal recognition of a trade union – start of the procedure. The most common way for a union to obtain recognition for collective bargaining purposes is for the employer simply agreeing to voluntarily recognize it. If an employer and a union determine that they are unable to enter into a voluntary recognition agreement, a union may apply for legal recognition. This only applies if the employer employs 21 or more employees with all affiliated employers. If you do not wish to recognize the union and you have more than 21 employees, it can apply for legal recognition from the Central Arbitration Committee (CAC). A trade union is recognized if an employer has agreed to negotiate wages and working conditions with it on behalf of a particular group of workers.