Voluntary Recognition Agreement Sample
The next step is the “first period,” which lasts 10 working days by the employer receiving the application. During this period, the employer can accept the application, the union is recognized and the procedure ends. If the employer does not accept the request but refuses to negotiate, there are 20 days of work where the employer agrees on recognition in negotiations, otherwise the union may refer the matter to the CAC. If the employer rejects the request or does not respond, the union may refer the matter to the CAC. There is a significant risk that this will become a charter for employers to manipulate changes in the bargaining unit, in the hope of breaking the legal rules of recognition. Similar provisions are also in place where the employer states that the original bargaining unit no longer exists. An auditor must be appointed and the vote must be closed within 20 working days. The employer has a legal obligation to cooperate with the ballot, provide lists of names and give the union access to the campaign. There is a legal code of conduct that specifies the conditions of access. The aim is to ensure the disability of employers.
The ACC has the power to order the employer to take steps to comply with the code and, if they refuse to do so, order the granting of that recognition. The procedure established by the ACC is legally applicable, but it can only be applied in court by a specific performance decision that requires the parties to respect the procedure or to face a breach of jurisdiction. This also applies if the CAC has ordered recognition and the parties have agreed to the procedure, but it will not be enforced. An employer may choose to voluntarily recognize the union if the union shows clear and convincing evidence that an overwhelming majority of workers want union representation. Voluntary recognition is done without an election — the employer essentially renounces voting and accepts the union`s proof that the employees want the union to represent them. Nevertheless, the employer should have confidence in its willingness to recognize the union as a worker`s representative. Once the employer makes voluntary recognition, there is no turning back. After the employer has informed the Works Council and the union that it wants to voluntarily recognize the union, the Works Council certifies that the union is a representative of the employees. The employer is then required to negotiate in good faith with the union, as if an election were being held.
There are specific procedures for which an employer is recognized on a voluntary basis. The employer is prevented from terminating the contract for a period of three years (unless the contract provides for something else). The law provides for a similar procedure for determining the method of collective bargaining if the parties fail to agree and for the definition of a legally binding method of bargaining.