An Introduction to the Study of Industrial Relations by Richardson J.;

Author:Richardson, J.; [Richardson, J Henry]
Language: eng
Format: epub
ISBN: 1474754
Publisher: Taylor & Francis Group

RECOGNITION OF TRADE UNIONS

Collective bargaining can begin only when an employer or employers’ organization recognizes a trade union or other body representing the workpeople. In the early stages in the growth of trade unionism many employers resisted the movement by using the “yellow dog” contract to prevent their workers from joining a union, and they also refused to recognize and enter into negotiations with representatives of a union.

An employer may properly refuse recognition to a union which is so weak in membership that it is not representative of the workpeople. Also, before giving recognition to a union, an employer will want to be satisfied that the organization is likely to be permanent, stable, and well administered. It is because many unions in colonial territories and under-developed countries lack stability and sound leadership that employers refuse to recognize them. Again, an employer may reasonably refuse to recognize a body which is “subversive” in its aims and objects, or is in the hands of extremists.

In Great Britain recognition of trade unions by employers has been achieved throughout almost the whole of industry without legal authority, whereas in some countries, for example the United States, recognition and the right to bargain collectively has been generalized by law. By New Deal legislation in the 1930’s, workpeople were given the right to bargain collectively through representatives of their own choosing, and in various Canadian provinces employers are liable to penalties if they refuse to bargain collectively with representatives of their workpeople.

A problem arises where there are two or more rival unions each claiming to represent the same workpeople, and difficulties would result if two or more of such unions were recognized for bargaining purposes by an employer or employers. It would be possible to have meetings for negotiation attended by representatives from each union, the number of representatives of each union being proportionate to its membership, but in practice the rivalries of the unions and their conflicting policies would usually lead to bitter struggles between themselves which would be no concern of the employers, but would be likely to render collective bargaining ineffective and to break down completely. It is desirable, therefore, that one union only should be recognized for any given group of workers.

The question then arises how the employer should decide which one of two or more unions is most representative of the workpeople concerned. Sometimes employers have adopted the policy of recognizing a union which has a membership of not less than a specified percentage of all the workpeople. For example, in the British Post Office shortly after the Second World War, a formula provided that a request for recognition would be considered from any association which had a membership of not less than 40 per cent of the workpeople in a given grade. Often, however, this would be an unduly high percentage, and many unions with a smaller percentage have been effective in collective bargaining. On the other hand, even with a 40 per cent membership there may be two rival

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