UNION RECOGNITION

PLANNING TO ORGANISE

• Union recognition

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What is the legal framework for gaining union recognition?

Are there other laws that affect organising?

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Unions sometimes allow legal frameworks to control our organising strategy.

We need to understand our legal frameworks but not be limited by or trapped by them.

Our benchmarks and plans should be set by our situation, not by the legislative framework.

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In India, a registered trade union of workers “shall at all time continue to have not less than 10% or 100 of the workers, whichever is less…”

Once 10% of the workers join the union, what should we do?• Register with the labour board with 10% of the workers affiliated.• Increase worker involvement first and then register.WHY?

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In India, there are legal protections that give workers the right to organise: freedom of association and core labour standards. The laws are strong, but delays common.

Which will best protect the workers?• The legal right to organise.• Increase worker involvement before we publicly confront the employer.WHY?

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In Argentina, the law protects workers who are elected as union delegates from termination. In a workforce of 400, the union would be allowed to elect 5 delegates.

Which will best protect the workers?• The legal protection provided to the elected worker delegates.• Increase worker involvement before we publicly elect delegates.WHY?

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In much of English-speaking Africa, the law provides for recognition once the union has signed up “50% +1” (a simple majority) of the workers as union members.

It can lose recognition if it falls below this minimum.

Some unions want to sign up 75% before they seek recognition.

WHY?

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Informal or precarious workers may not be covered by labour laws.

Can we still organise workers if they are not covered by labour legislation?

Are out benchmarks relevant?

WHY?

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When workers face pressure, we will usually need a higher standard of worker involvement than the minimum the law allows.

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ACTIVITY: Benchmarks and union recognition

Aim: To understand and analyse the laws and regulations relevant to organising workers.To be able to put organising strategy and benchmarks first and not allow the strategy to be limited by or trapped by legal frameworks.Tasks: Select a facilitator and timekeeper.Review the benchmarks we have set.Discuss which is the best option once we have met the minimum legal requirements for union recognition:A. Take the steps for union recognition.B. Increase worker participation first and then seek union recognition.Prepare to share your ideas with the large group.

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Anything else to discuss regarding union recognition?