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For many employers, their first contact with a trade union comes unexpectedly – often by way of a formal letter or email. In terms of Section 21 of the Labour Relations Act, 1995 (Act 66 of 1995) (LRA), such communication typically states that employees have joined the trade union, and the union intends to exercise specific organisational rights in the workplace, as provided for in the LRA. The union will also request a meeting to discuss its recognition in the workplace.
Section 21 of the LRA provides that a representative trade union in a particular workplace may request recognition in writing. The rights a union may claim depend on its level of representation: some rights require only a lower percentage of membership, while others demand a higher percentage.
Once such a request is received, the employer has 30 days to meet with the union in a bid to conclude a collective agreement.
Verify the information
Review the information the trade union provides to ensure that its notice and request comply with the requirements of the LRA, including any mandatory information and appendices that must be sent to the employer. Confirm that the employees listed are currently employed and that the union’s workplace representation meets the required legal threshold. If there is uncertainty, the employer may request additional proof, such as copies of membership forms.
Hold a meeting
Then convene a meeting, typically attended by union representatives, the employer and its representative, and sometimes employee representatives. The purpose is to discuss the union’s request and clarify which rights it may exercise if recognition is granted. It also provides the employer with an opportunity to ask questions regarding how the union will operate in the workplace, such as the scheduling of meetings, the appointment of workplace representatives (shop stewards), and methods of communication with members.
The recognition agreement
If the parties reach consensus, a recognition agreement must be concluded to formally establish the relationship. It sets out the organisational rights the trade union may exercise in the workplace.
Depending on its level of representation, these rights can include the deduction of union members’ fees, access to the workplace to meet with members, appointing shop stewards, leave for union activities, and disclosure of relevant information.
If no agreement is reached, the union may refer the matter to the Commission for Conciliation, Mediation, and Arbitration (CCMA) for conciliation. Should this process fail, the union may either initiate a strike or refer the dispute to arbitration, where the CCMA can issue an order granting recognition of specific rights.
Employers should always seek legal advice before signing a recognition agreement, as such agreements carry long-term implications for workplace management. – Meyer Louw, senior legal advisor, LWO Employers Organisation
For more information, send an email to Meyer Louw at meyer@lwo.co.za or info@lwo.co.za, or visit www.lwo.co.za.