Motion no: 7
The importance of workplace democracy, more commonly referred to as collective bargaining, is the foundation upon which workers not only increase their wages, improve working conditions, and provide for workers families. It is much more than this, at a societal level it forms the bedrock for equality, economic justice, and political democracy.
Members of unions are more likely to take part in civic society, politics and participate in elections. In a period where the rise of the populist far right is evident across the globe, which relies on apathy, workplace democracy is the antidote to this malaise.
We are bombarded with the notion, through education, that we live in a democracy where critical thinking and participative political forms are to be valued and aspired to. This runs contrary to the lived experience of millions of workers who, in reality, face the dictatorship of the workplace, with highly hierarchical management structures and authoritarian practices where what the boss says goes.
Collective bargaining in contrast gives workers their voice through consultation and negotiation, a chance to defend their values and interests. It provides for an increase in control over their work and how they do it, and it holds management to account as they have a duty to explain why decisions are being made.
In study after study, it has been found that states who prize collective bargaining arrangements at national, regional, and local levels have higher participation rates in political democracy and greater adherence to ideals around citizenship. There is a strong correlation between workplace democracy and a healthy political democracy.
Statutory Trade Union Recognition in NI
The importance of collective bargaining to workers and a healthy democracy is undisputed, however, despite Northern Ireland (NI) having legislation in place to facilitate statutory recognition of trade unions, the process itself is particularly daunting and skewed against workers and their unions.
Fundamental reform of the statutory recognition process in NI is long overdue. There is no doubt the presence of legislation has provided a foundation for voluntary agreements to be made, which would not have otherwise occurred in its absence, due to employer hostility.
It is nevertheless the case that the legal ambiguities and imbalance against workers and their unions, when an application is made, need to be addressed. This is not a fault of the Industrial Court per se
but due to how the law itself is constructed. Employers have too much latitude, in the present system, to impede, frustrate and indeed intimidate workers from attaining their right to a voice in the workplace.
Although there is a plethora of reforms of the current system that could be made the five key areas for progress would revolve around the following:
i) Removal of the 21-worker threshold before an application can be lodged.
The small firm’s threshold discriminates disproportionately against woman and ethnic minority workers who are present in greater numbers in smaller firms. In NI approx. 90% of firms fall into this category.
The ability to collectively bargain would also encourage the resolution of disputes through dialogue rather than litigation via the Tribunal system.
ii) Early Access Rights
Access for trade unions should occur early in the process to ascertain the level of potential support for collective bargaining. Access arrangements should be set at this early stage and a timeline for access for the duration of the process agreed.
Access for the union should not be at the end of the process where workers have often experienced a sustained period of employer pressure to prevent recognition.
Access should mean real access and not just written communication between the union and workers. This would allow for a true assessment of their views on collective bargaining.
Access arrangements should have prescribed time periods for agreement i.e., 10 days or the Court can enforce arrangements. This prevents the widespread practice of stalling and prevarication on the part of employers.
iii) Balloting Arrangements
Where it is established that over 50% of the bargaining unit is in trade union membership, automatic recognition should be granted. There is no evidence to suggest that members of trade unions would be hostile to collective bargaining. To hold ballots for recognition in these circumstances is divisive and unnecessary.
The 40% requirement to vote for recognition of the overall bargaining unit should be removed. Very few of our elected representatives at Council or Assembly elections would survive this hurdle for Office.
This clause has the effect of encouraging employers to intimidate or discourage workers from voting at all in order to suppress the vote. A simple majority of workers voting in the recognition ballot should suffice.
Ballots should have the facility to be held electronically, by post or at the workplace.
iv) Unfair Practices
Consistent attempts by bad employers to intimidate workers during the process have included sham redundancy processes and unfair dismissals in order to create a hostile environment. The only recourse, at present, open to workers is to take Industrial Tribunal claims.
There should be punitive sanctions on employers found to engage in unfair practices in addition to Tribunal claims.
The Industrial Court should be given the power to grant automatic recognition if such practices occur.
v) Effective Management & Small Fragmented Bargaining Units Criteria
The effective management criteria should be removed, employers consistently try to argue that in effect collective bargaining is incompatible with effective management.
The litmus test should be ‘is effective bargaining possible’ and not whether collective bargaining is compatible with effective management.
The desirability of avoiding small-fragmented bargaining units within an employment has previously led to challenges from employers as to the appropriateness of the bargaining unit i.e., “small islands of union recognition in a sea of non-recognition”.
No consideration should be given to supposed bargaining units outside of the one specified by the union in its application. This criterion gives credence to supposed bargaining units of workers who may never seek recognition.
Although not detracting from the necessity to re-invigorate our movement through widespread organising activity, the legal and industrial relations terrain determining relationships at work are important predicators of how trade unions mediate the relationship between Capital and Labour.
Central to any progress in this area is the right to have a voice at work through a recognised trade union. The current legislation needs to be reformed in order to give effect to that right.
The NI Executive have sole responsibility for devolved powers governing employment rights in NI. The New Decade New Approach (NDNA) Program, signed up to by the five parties, called for improvements in workers’ rights with specific commitments around workers voice,
“…where workers have a voice that provides a level of autonomy…” P.44 NDNA
Worker’s voice, if it is to have any genuine meaning, must mean workers and their trade unions.
We would therefore call on the Northern Ireland Committee of Congress:
· To lobby the NI Executive for reform of the statutory recognition legislation so that it promotes fairness and good industrial relations specifically around the following.
i) Removal of the 21-worker threshold
ii) Early Access for trade unions to the workforce
iii) Balloting arrangements and thresholds
iv) Sanctions for unfair practices including automatic recognition
