UNI APRO FINANCE NATIONAL COURSE ON COLLECTIVE BARGAINING

3-4 November 2012, Jakarta, Indonesia

Role of the Workplace Representative The strength of trade unions lies in their membership. As in market economies trade unions are independent and democratic organizations and members have a choice to be a member of a trade union. The more dues paying members a union has, the stronger it will be. But numbers and funds are not all. Strong organisation is also important. This organisation must link all members and give them a means to co-operate together and to take part in the decision making of the organisation. This requires that a strong, democratic structure be created linking the unions members in different workplaces and regions. Beyond their industry and union workers should be organised into a wider movement under a national peak council on which are represented all trade unions. This formal structure binds all of the members in their various workplaces, regions and industries. Comment upon the union structure will be made during this course but will be the subject of deeper discussion in later courses.

Why Trade Unions?

For most members their main need of the union is at their place of work because: it improves their wages and conditions; it ensures that they receive their rights; it ensures that they are protected and treated fairly.

There are other reasons but we will deal with them later.

Unions in the workplace - a single representative

It is vital that the union is not seen merely as an external organisation upon which the members call when they need help. Workers in the workplace must build the union on-the-job. It is in this context that the union needs to ensure that in all workplaces where they have members they encourage the members to elect at least one person to represent them both with the union outside and to management. Where there is a single representative that person will operate more informally than where there are several representatives for different groups of workers. In cases, where there is significant number of members, it will be appropriate to elect representatives for each department and to create a workers committee. The workers committee will deal with the same issues as a single representative but it can also carry out more formal activities. Workers committees involve the members in a wider range of activities.

Unions in the workplace - a workers committee

To be a good workplace representative it is necessary to know what the job entails, to know what the union expects; the workplace representative has to be accepted by the members, the union, and by management. In a well organised workplace with a strong workers committee the workers' committee may accept a great deal of responsibility. The union outside offering more occasional help and guidance but being free to concentrate upon other less well organised workplaces. The union will look to its strongly organised workplaces to help it elsewhere. This will be through improvements in the collective agreement, in health and safety, in access to facilities etc. The union may even wish assistance to organise new workplaces through demonstrating what can be achieved through effective organisation. The workers committee must try to ensure that all who can be members are enrolled and pay their financial obligation the membership dues. Union rules will usually provide that some funds remain with the workers committee, the rest going to the national union. However, the worker's committee should try to increase membership involvement by itself conducting a range of welfare and social activities (these will be discussed in greater detail in later courses). These activities should both raise extra funds (for activities such as sick and death funds) and involve the members and their families in the trade union as an extended family.

The workplace representatives role

The role of the workplace representative is crucial to the strength of trade unionism. The workplace representative, - whether a member of a workers committee or working alone- is the link between members (and potential members), and the union. It is important that the participants on this course realise that they have a range of tasks to perform if the union is to be stronger and their important job easier. At the completion of the course the participants should be willing to take up these tasks, to use the skills which they have learnt and practised during the course. Sometimes the workers committee member will be regarded as the person in the middle between the union, members and the management. Some people feel that this makes them the referee deciding who is correct - worker or management. The role of the workers committee member should be seen differently. The workers committee member is the union members representative. As such when meeting with management it is the workplace representatives job to put the case on the members behalf, not to find out what management thinks and then to decide whether the worker or management is correct. If we were thinking about the role of the workplace representative in terms of football then the role is to be the centre forward, the person whom the team supports but who is there to score goals for the team. The diagram below indicates how this view may be put. The workplace representative is definitely not a referee.

When representing the member - when handling a members grievance - the objective is to handle genuine grievances. The purpose of the representation is to ensure that the member receives legitimate rights and a fair hearing. If the worker does not have legitimate grounds for complaint (based upon the collective agreement, custom and practice, relevant laws and concepts of natural justice) the workplace representative should say so and explain, ensuring that the member understands and accepts the situation.

Rights and Responsibilities of a Workplace Representative

Now we can deal with the issue of rights and responsibilities to and from the various parties represented in the diagram. The participants need to understand the importance of earning and maintaining trust and respect between themselves and these various parties. This can be built upon earning of rights as a consequence of accepting responsibilities. The issues are included in the handout and are re-produced here. Rights from members Loyalty in backing up decisions Keep workplace representative informed Participate in decision making Support Responsibilities to members Protect collective agreement rights Improve local conditions Represent them to management Ensure they receive union benefits Keep them informed Act responsibly on-the-job Involve them in decision making Oversight health and safety Keep union informed Create a sick and death and other funds for local union work.

Rights from the union Protection Provision of information Access to training

Responsibilities to the union Strengthen union organisation on-the-job Set a good example to membership by participating in the union Educate members Recruit new members Inform members on union policy Advise on problems at work

Rights from management Information on matters affecting the members Reasonable freedom of movement Reasonable facilities and access to members Recognition of role Paid union training leave

Responsibilities to management A reasonable day's work Information

Most of the issues raised are self-explanatory. The participants will be able to assist you to place many of the points on the board or flip-chart. Any not developed should be added and explained. Workplace representatives may be subjected to intimidation and discrimination by the employer. This is more likely to occur if the employer considers the union organisation to be weak, or the workplace representative to be disliked or insufficiently concerned about the members. In such cases an employer may decide to keep an eye on the workplace representative and, when the workplace representative makes a mistake, or several, to take disciplinary action. If an employer is successful in disciplining a workplace representative this may not only get rid of a workplace representative but it will make others more reluctant to take on the job in the future. Consequently it is important that the workplace representative maintain good relations with the members and the union, and does not give the employer evidence with which to take action. It is less likely that an employer will seek to intimidate a workplace representative who is perceived to look after members interests responsibly and fairly (that is does not take up matters which are not genuine).

Protection for the workplace representative

It may be useful to discuss the forms of protection available to a workplace representative (and to any member). These include: 1. moral support: from the members and the union; the respect of the employer based upon commitment to the collective agreement, and the actions of the workplace representative and the unions members; 2. legal support: based upon the collective agreement, relevant laws and custom and practice. Relying on legal support is always time consuming and less certain. If a workplace representative must depend on the latter it is likely that suspension or even dismissal will occur. The workplace representative will be out of work for some time and, being without income, may be forced to take another job while the case comes to court 1. This may make it more difficult to win the case and ensure a return to work. However, it should be stressed that a good workplace representative should seek to avoid such a situation arising by ensuring the benefits of moral support. The moral support of the members and of the union is best ensured if the workplace representative is seen to do a fair days work for the employer (that is not leave work to others), and is active in building the union and representing members, keeping them informed of and involved in union work on their behalf. A workplace representative who ensures that the benefits of membership are understood and available, and who deals fairly with all will be in a better position to receive membership support if threatened by management. The role of the workplace representative should be defined in the rules of the union. The workplace representative needs to understand the rules, as do the members so that they do not expect to much, nor too little. In addition, it is important that the employer understands and accepts the unions rules and expectations of the workplace representative. The collective agreement should outline the role and importance of the workplace representative. Gaining the respect of the employer does not mean that the workplace representative ignores legitimate trade union and membership issues. Most employers are willing to discuss change, to try to reach agreement, and to deliver what has been agreed. It is the workplace representatives task to ensure that the employer believes that the union only acts when there is good reason.

Created and Persented By : Jayasri Priyalal Director, UNI APRO Finance, Professional & Managers Sectors UNI asia & pacific Singapore
1

A group of former employees of Air India waited thirteen years for their case to come before the courts.