Trade unions and employers: The start of the relationship

For many employers, their first contact with a trade union comes unexpectedly - often by way of a formal letter or email. In terms of Section 21 of the Labour Relations Act, 1995 (Act 66 of 1995) (LRA), such communication typically states that:

- By Meyer Louw, senior legal advisor, LWO Employers Organisation

• Employees have joined the trade union.

• The union intends to exercise specific organisational rights in the workplace, as provided for in the LRA.

• The union requests a meeting to discuss its recognition in the workplace.

Section 21 of the LRA provides that a representative trade union in a particular workplace may request recognition in writing. The rights a union may claim depend on its level of representation: some rights require only a lower percentage of membership, while others demand a higher percentage.

Once such a request is received, the employer has 30 days to meet with the trade union in a bid to conclude a collective agreement.

Step 1: Verify the information

Review the information provided by the trade union to ensure that its notice and request comply with the requirements of the LRA, including any mandatory information and appendices that must be sent to the employer.