Still encourages voluntary recognition
Union
required to seek voluntary recognition first
Central
Arbitration Committee can recommend recognition whenever the union has demonstrated majority support (e.g.
membership lists)
Elections
Central
Arbitration Committee can decide to hold election whenever it feels that is in
best interest of good
IR
This is
convoluted and difficult process for the union
To win union
must get majority and that must be at least 40% of the eligible employees, requirement unions have
tried repeatedly to eliminate
Despite
awkwardness of election process, seems to have encouraged more voluntary recognition
Since 2004
employers improper campaign activities prohibited in recognition or derecognition election campaign
First Contract Bargaining
Right of
employees to negotiate individual contracts and opt out of collective ones
still remains
After
recognition parties have limited time to agree on procedures for
bargaining
If they
don’t Central Arbitration Committee imposes standard procedures including obligation to bargain about wages,
hours and holidays
Failure of
employer to follow procedures can ultimately result in contempt of court but there is no first contract
arbitration
Discrimination against unionists
Blacklisting
of unionists became illegal (although there seems to be a loophole that excludes previous union activity)
Can’t offer employees inducements to remain non-union or to
avoid collective bargaining
This was
part of the previous law that ILO asserted violated its conventions
Public sector similar to private sector
See article
in BLW for discussion of what has happened with teachers