This is issued by the government through the board of labour relations in that the union has the capacity to operate as a bargaining authority for all workers. This is because it has the mandate from the majority. The process of Union сertification has different unified stages that drive it and below are well detailed procedures to be followed during the process of Union certification:
- Cards of membership. The first requirement for any Union is the membership card which shows that a certain employee is a signed fully fledged Union member. Any card of membership is dated and signed by the owner and stipulates that the worker’s should be represented by the Union. The Union keeps all the cards of workers in a suggested bargaining unit together with the Union application to the agency (Visser, 2011).
- Application for certification. With the membership cards, the application must be filed by to the agency clearly stating the data which includes the overview of the suggested bargaining Unit (Visser, 2011). The number of workers that are believed to be recruited in that Unit and together with the details which shows the mechanism of conducting a secret ballot voting process of all workers.
- Secret ballot voting. The board analyses the application if it will be successful and whether the Unit suggested by the Union will be valid for collective bargain. This should also be embarked by 40% of the workers in the Unit. If all pre requisites are met, the board will issue the mandate for the vote of all workers on the fifth day following the date of application.
- Failure or success. The results from the voting process are gathered. E.g. if the Unit is comprises of 200 workers but on 20 turn up to cast their votes, if 12 or more of those workers vote in favour of the Union, then the Union will be authorised to represent all 200 workers. As the majority cast towards the Unit, then the application will proceed.
- Employers and Union collective bargain. If the Union is authorised to show up on behalf of its members, there is full mandate to negotiate in a good way. This gathers all employees’ issues during work. E.g. salaries, wages, working hours, health issues, benefits etc.
The bargaining process might take a long time lag as long as the employer bargains in a positive way, there are no attachments to agree any contract. Several sectors employees contain a different legal rights to bring a Union to represent them in the process of negotiation with their employer. The agency prohibits certain characters from the employer in order to ensure that there is a good climate for all employees to choose if to unionise or not. Specifically, employers should not look forward to compel a worker from becoming a member of the union by any way of the means below:
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- Intimidation. This is an act where employers try frighten employees in order to persuade them support the union.
- Threatening. Employers always do acts that force employees to accept the process of unionisation.
- Dismissal. Employers can promise to chase or end the contractor with the employees. This may force the worker to support the process of unionisation.
- Salary or wage increment. This acts as a motivation to workers in a way that they support the union.
- Setting of unwanted conditions of unemployment. There should not be any kind of engagement to eliminate joining are leaving from being a member of the Union. The board will intervene whether the employer has put pressure on employees.
Like other employers, unions are also prohibited from committing unlawful labour practice. E.g. unions have no mandate to organise employees at their work places without employers will. Though, it does not imply that workers are protected from talking about the advantages of unionisation. During the process of unionisation, there are restrictions that apply to the union during the certification:
- Violating employees in their dairy working conditions from their rights in order to support the unionisation e.g. threatening workers or chase them because of failure to support the union. Restraining an employer in their favour of bargaining representatives in a way of meeting leaders only on behalf of employers.
- Persuading employers to under look an employee for encouraging membership e.g. telling employers to penalise workers who are not part in the process of unionisation.
- Denying to involve in a good way during collective bargaining e.g. refusing to turn up for bargaining consensus with employers.
- Strike practices during collective bargaining.
- Involving employers to pay for un done work.
- For the union that is not authorised to represent a set of workers, in an act to recognise them in order to support the union.
- Frequently, groups of workers come together as a bond to address and negotiate common needs with employers.
In the process of unionisation, employees can be more inefficient in the process of negotiations than individuals. Collective bargaining is the process where by all employees negotiate with employers on the terms and conditions of employment. This entitles the process through which its done and its done as follows:
- Preparation. At the starting point, all representatives of each party prepares the talks to happen during the meeting. Every member is mandated to be well versed with points to be discussed during the meeting and should bear information of the workers’ laws. The board should be well organised with the change proposals required for terms and conditions of employment bearing that qualitative information to support its stand. The union must collect valid information regarding the financial status of the business alongside with its potential to pay and prepare a full report on issues and needs of employees.
- Discuss. All parties come up with rules that will govern the negotiations and the negotiator is from the board who is mandated to chair the discussion. On the other hand, the issues could pension, health insurance etc. other administrative issues include; changes in technology, job safety and working conditions.
- Propose. At the point, the lead negotiator starts the conversation with a beginning statement and thereafter all parties stipulate their needs (Doellgast., Nohara., and chobanian, 2009). This activity can be referred to as brainstorming. This is where every party lays down its ideas which leads to arguments.
- Bargain. The negotiation starts on this stage, whereby every party tries to overtake each other. The process can last for days until the final contract is reached. Sometimes, parties draw a solution but the third party comes in to settle the disputes.
- Settlement. This is the last stage of collective bargain process, where all parties come in agreement of the solution to all problems discussed about. The agreement is made between the employer and the employee which must be signed by both parties in order to show the will of acceptance (Doellgast, 2012).
In order to get problems solved, the board must follow the above discusses steps in order to empower workers with equal rights to bring out their minds.
Reference
- Visser, j. (2011), ‘ICTWSS: Database on institutional characteristics of trade unions, wage
- Setting, state intervention and social pacts.
- Doellgast, v. (2012), Disintegrating Democracy at Work. Labor Unions and the Future of Good Jobs in the Service Economy, Ithaca, NY: ILR Press.
- Doellgast, v., h. Nohara., and tchobanian, r. (2009), ‘Institutional change and the restructuring of service work in the French and German telecommunication industry’, European Journal.
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Analysis of the Union Certification Process.
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