TOPIC 5 RECOGNITION OF TRADE UNIONS 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. NORHAYATI MOHD SALLEH ADS 465

NORHAYATI MOHD SALLEH ADS 465 5.1 INTRODUCTION Recognition is related to reasons why employees form and join trade union namely: 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. NORHAYATI MOHD SALLEH ADS 465

NORHAYATI MOHD SALLEH ADS 465 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”. NORHAYATI MOHD SALLEH ADS 465

5.2 SCOPE OF REPRESENTATIVE Recognition is related to types of employees’ union namely: White-collar employees’ union 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 white-collar. 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) NORHAYATI MOHD SALLEH ADS 465

SCOPE OF REPRESENTATIVE …. Cont’d Meaning: Only blue-collar unions can represent blue-collar workers Only white-collar unions can represent white-collar workers NeORHAYATI MOHD SALLEH ADS 465

NORHAYATI MOHD SALLEH ADS 465 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. NORHAYATI MOHD SALLEH ADS 465

Types of recognition …. Cont’d Scope of recognition General recognition – more than 50.1% workers join the union, collective bargaining, members and non-members) Limited recognition – less than 50% (only members, grievance procedure) NORHAYATI MOHD SALLEH ADM 465

Types of recognition …. Cont’d The ways employers granted recognition: Voluntary recognition – employers simply agree to grant recognition Statutory union recognition – an employees union make a written application for recognition when it is unable to gain voluntary recognition NORHAYATI MOHD SALLEH ADM 465

5.3 PROCESS / PROCEDURES OF RECOGNITION An employees’ union must meet a number of conditions to be recognized . However, even all of them are met, there is no guarantee that a union will be recognized by the employer. What matters are to be met? Conditions, and steps NORHAYATI MOHD SALLEH ADS 465

PROCESS OF RECOGNITION … cont’d 5.3.1 Conditions / requirements the union must be a legally registered union. the union must be competent = fit / capable to represent the employees concerned. The union must be sufficiently representative of the employees concerned (i.e. at least 51.1% of workers are members) the union must be an appropriate = accurate union to represent the employees concerned i.e. a. a non- MECS union if the employees are non-MECS employees. b. MECS union if the employees are MECS employees. NORHAYATI MOHD SALLEH ADS 465

PROCESS OF RECOGNITION … cont’d 5.3.2 Steps 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) 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) NORHAYATI MOHD SALLEH ADS 465

NORHAYATI MOHD SALLEH ADS 465 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) NORHAYATI MOHD SALLEH ADS 465

NORHAYATI MOHD SALLEH ADS 465 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) NORHAYATI MOHD SALLEH ADS 465

NORHAYATI MOHD SALLEH ADS 465 Steps … cont’d 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 NORHAYATI MOHD SALLEH ADS 465

NORHAYATI MOHD SALLEH ADS 465 Steps … cont’d 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) The decision of Minister (accord or not to accord) shall be final and shall not be questioned in any court. (Sec. 9(6), IRA) NORHAYATI MOHD SALLEH ADS 465

5.4 OTHER MATTERS RELATED TO RECOGNITION There are other matters which associated with recognition namely: The importance of recognition Common problems faced in the recognition process NORHAYATI MOHD SALLEH ADS 465

NORHAYATI MOHD SALLEH ADS 465 5.4.1 IMPORTANCE Reasons that show the importance of recognition: Enable a union to represent workers who have grievances or dissatisfaction toward their employers. Enable collective bargaining to be carried out to resolve a claim Enable negotiation to resolve disputes. Can strengthen “esprit de corp” among workers Enable workers to bargain for better working conditions at a workplace. Can prevent employers from committing any arbitrary action towards their employees. NORHAYATI MOHD SALLEH ADS 465

NORHAYATI MOHD SALLEH ADS 465 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. NORHAYATI MOHD SALLEH ADS 465

Discussion questions: Analyse the relationship between registration and recognition. Explain on the way to determine the trade union competency and representativeness. Explain the terms white-collar and blue collar unions. Discuss the importance of types of recognition to a trade union. Explain any two (2) possible methods to overcome problems in the recognition process. NORHAYATI MOHD SALLEH ADS 465