The approach by a trade union for recognition in a workplace usually gives rise to issues like mistrust, uncertainty, aggression and even fear for what the future may hold.

Recently a company requested Laboria-Fix to assist with the recognition process of a trade union. The company is a family-owned business and employs 45 employees, of which the majority have been employed since the start of the company.

The request for recognition by the union was preceded by a wage demands of 18% and a demand for several sets of protective clothing and personal protective equipment (PPE). At the time the employees were, in the opinion of the employer, adequately remunerated and sufficiently provided with protective clothing.

The company had been struggling during the preceding months to pay the employees and had been postponing a retrenchment process for the past six months.  The demands from the union therefore came at an awfully troubled time.  The aggressive approach by the union gave rise to the employer wanting to admit defeat and to shut down the business. 

When we started engaging with the union and the employees the longest serving employees indicated that they also felt the realities of the lockdown and that they noticed that there is no longer sufficient work in the company to keep them busy. This gave rise to fears that the company would retrench them. They approached the union to assist them as they feared finding alternative work in this unfavourable economic climate was not likely.

This openness resulted in a better understanding by both the employer and the employees of their respective realities. The mutual understanding of the realities of an unfavourable economic climate assisted to create common ground from which the parties could work to accommodate each others fears.

The employer also had to understand that employees do have the right to fair labour practice and to associate with a trade union of their choice. Similarly, the employer also has the right to fair labour practice, including to join an employer organisation. The negotiations/consultations that then followed resulted in the formal recognition of the trade union, deduction of trade union contributions and regular meetings with the trade union.

After a few meetings with the trade union and the sharing of information it was agreed that an inflation-based salary increase would be acceptable and the provision of personal protective equipment would remain as before.

The initial fear and anxiety have been replaced by a mutual acceptance and respect, and the company, although still finding it exceedingly difficult to manage the tough economic times, is in a much better position now that the union is no longer a threat.

Trade unions do have organisational rights in the workplace. These rights and how to manage them, are complex matters which is best dealt with by an experienced practitioner in this area.

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