Trade unions aim to represent the interests of people at work and negotiate with employers for better terms and conditions for their members.
A trade union is an organised group of workers. Its main goal is to protect and advance the interests of its members.
A union often negotiates agreements with employers on pay and conditions. It may also provide legal and financial advice, sickness benefits and education facilities to its members.
Employers which recognise any union(s), will negotiate with those union(s) over members' pay and conditions.
Many recognition agreements are reached voluntarily, sometimes with the help of Acas (Labour Relations Agency in Northern Ireland). If agreement can't be reached and the organisation employs more than 20 people, a union may apply for statutory recognition. To do so, it must first request recognition from the employer in writing.
If this is unsuccessful, the union can apply to the Central Arbitration Committee (CAC) (Industrial Court in Northern Ireland) for a decision. In considering the union's application, the CAC must assess many factors including the level of union membership and the presence of any other unions. Often, the CAC will organise a ballot among the affected workforce to decide whether recognition should be awarded.
Throughout the process, the emphasis is on reaching voluntary agreement.
If a union is formally recognised by an employer, it can negotiate with the employer over terms and conditions. This is known as 'collective bargaining'.
For collective bargaining to work, unions and employers need to agree on how the arrangement is to operate. They might, for example, make agreements providing for the deduction of union subscriptions from members' wages, who is to represent workers in negotiations and how often meetings will take place.
Both these agreements on procedure and agreements between employers and unions changing the terms applying to workers (for example, a pay increase) are called 'collective agreements'. Your contract of employment will probably set out which collective agreements cover you. It's possible that a union may negotiate on your behalf even if you're not a member.
Some workers join a trade union because they believe that a union can:
Union members have the right to be accompanied to a discipline or grievance hearing by a trade union representative (although trade unions are not compelled to provide this). All employees, regardless of whether they are union members or not, are entitled to be accompanied by a work colleague.
Recognised unions also have rights to consultation where redundancies or a transfer of business are proposed.
There is a regular subscription cost for union membership. Different rates may apply to trainees and part-timers. Unions will not normally help with problems which pre-date membership.
If you want to join a recognised union in your workplace, you could approach a representative for information, for example, the shop steward. Otherwise, contact the TUC to find out which union is relevant to you.
The law gives you the right to join a trade union wherever you work. This right applies whether a union has been recognised or not.
You're protected from being disadvantaged for being a union member. Specifically trade union membership is an unlawful reason for:
The law gives you the right not to join a trade union. The same protection applies to you as it does to union members. In particular, employers are no longer permitted to operate a 'closed shop' (that is, make all workers join the employer's preferred union).
An employer can't deduct payments from you, for example, to a union or charity, in lieu of union membership without your permission.
When a union is recognised by an employer, members have the right to time off at an appropriate time to take part in trade union activities. These may include:
You don’t have the right to be paid for any time spent taking industrial action.
Trade unions have sometimes been seen as successors to the guilds of medieval Europe, though the relationship between the two is disputed.[3] Medieval guilds existed to protect and enhance their members' livelihoods through controlling the instructional capital of artisanship and the progression of members from apprentice to craftsman, journeyman, and eventually to master and grandmaster of their craft. They also facilitated mobility by providing accommodation for guild members traveling in search of work. Guilds exhibited some aspects of the modern trade union, but also some aspects of professional associations and modern corporations.
Additionally, guilds, like some craft unions today, were highly restrictive in their membership and included only artisans who practiced a specific trade. Many modern labor unions tend to be expansionistic, and frequently seek to incorporate widely disparate kinds of workers to increase the leverage of the union as a whole. A contemporary labor union might include workers from only one trade or craft, or might combine several or all the workers in one company or industry.
Since the publication of the History of Trade Unionism (1894) by Sidney and Beatrice Webb, the predominant historical view is that a trade union "is a continuous association of wage earners for the purpose of maintaining or improving the conditions of their employment."[1] A modern definition by the Australian Bureau of Statistics states that a trade union is "an organization consisting predominantly of employees, the principal activities of which include the negotiation of rates of pay and conditions of employment for its members."[4]
Yet historian R.A. Leeson, in United we Stand (1971), said:
| “ | Two conflicting views of the trade-union movement strove for ascendancy in the nineteenth century: one the defensive-restrictive guild-craft tradition passed down through journeymen's clubs and friendly societies,...the other the aggressive-expansionist drive to unite all 'labouring men and women' for a 'different order of things'... | ” |
Recent historical research by Bob James in Craft, Trade or Mystery (2001) puts forward the view that trade unions are part of a broader movement of benefit societies, which includes medieval guilds, Freemasons, Oddfellows, friendly societies, and other fraternal organizations.
The 18th century economist Adam Smith noted the imbalance in the rights of workers in regards to owners (or "masters"). In The Wealth of Nations, Book I, chapter 8, Smith wrote:
| “ | We rarely hear, it has been said, of the combinations of masters, though frequently of those of workmen. But whoever imagines, upon this account, that masters rarely combine, is as ignorant of the world as of the subject. Masters are always and everywhere in a sort of tacit, but constant and uniform combination, not to raise the wages of labour above their actual rate... When workers combine, masters... never cease to call aloud for the assistance of the civil magistrate, and the rigorous execution of those laws which have been enacted with so much severity against the combinations of servants, labourers, and journeymen. | ” |
As Smith noted, unions were illegal for many years in most countries (and Smith argued that schemes to fix wages or prices, by employees or employers, should be). There were severe penalties for attempting to organize unions, up to and including execution. Despite this, unions were formed and began to acquire political power, eventually resulting in a body of labor law that not only legalized organizing efforts, but codified the relationship between employers and those employees organized into unions. Even after the legitimization of trade unions there was opposition, as the case of the Tolpuddle Martyrs shows.
The right to join a trade union is mentioned in article 23, subsection 4 of the Universal Declaration of Human Rights (UDHR), which also states in article 20, subsection 2 that "No one may be compelled to belong to an association". Prohibiting a person from joining or forming a union, as well as forcing a person to do the same (e.g. "closed shops" or "union shops", see below), whether by a government or by a business, is generally considered a human rights abuse. Similar allegations can be leveled if an employer discriminates based on trade union membership. Attempts by an employer, often with the help of outside agencies, to prevent union membership amongst their staff is known as union busting.
The National Labor Union was the first national union in the United States. It was created in 1866 and included many types of workers. This union did not accomplish any significant gains. After this union crumbled, the Knights of Labor became the leading countrywide union in the 1860s. This union did not include Chinese, and partially included blacks and women.
The Knights of Labor was founded in the United States in 1869. Eventually over 700,000 workers joined the Knights. They opposed child labor and demanded the eight-hour day. They hoped their union would give workers “a proper share of the wealth they create,” more free time, and generally more benefits of society. They also tried to set up companies owned by the workers themselves. Although the Knights were against strikes, some radical members went on strike anyway when the railroads cut wages in 1884. After they won the fight, membership in the Knights boomed to 700,000, but then, at the time of the Haymarket Massacre, a fearful public opinion grouped them with anarchists and Communists, and membership then rapidly declined.
The American Federation of Labor (AFL) was founded by Samuel Gompers. By 1904, AFL-affiliated unions had a membership of over 1.4 million nationwide. Under Gompers's leadership, the AFL advocated an approach known as "business" or "pure and simple" unionism, which emphasized collective bargaining to reach its goals. Demands were centered around improvements to the immediate work environment, like better wages, hours and working conditions.
In France, Germany, and other European countries, socialist parties and anarchists played a prominent role in forming and building up trade unions, especially from the 1870s onwards. This stood in contrast to the British experience, where moderate New Model Unions dominated the union movement from the mid-nineteenth century and where trade unionism was stronger than the political labour movement until the formation and growth of the Labour Party in the early years of the twentieth century.
Unions may organize a particular section of skilled workers (craft unionism), a cross-section of workers from various trades (general unionism), or attempt to organize all workers within a particular industry (industrial unionism). These unions are often divided into "locals", and united in national federations. These federations themselves will affiliate with Internationals, such as the International Trade Union Confederation.
In many countries, a union may acquire the status of a "juristic person" (an artificial legal entity), with a mandate to negotiate with employers for the workers it represents. In such cases, unions have certain legal rights, most importantly the right to engage in collective bargaining with the employer (or employers) over wages, working hours, and other terms and conditions of employment. The inability of the parties to reach an agreement may lead to industrial action, culminating in either strike action or management lockout, or binding arbitration. In extreme cases, violent or illegal activities may develop around these events.
In other circumstances, unions may not have the legal right to represent workers, or the right may be in question. This lack of status can range from non-recognition of a union to political or criminal prosecution of union activists and members, with many cases of violence and deaths having been recorded both historically and contemporarily.[5][6]
Unions may also engage in broader political or social struggle. Social Unionism encompasses many unions that use their organizational strength to advocate for social policies and legislation favorable to their members or to workers in general. As well, unions in some countries are closely aligned with political parties.
Unions are also delineated by the service model and the organizing model. The service model union focuses more on maintaining worker rights, providing services, and resolving disputes. Alternately, the organizing model typically involves full-time union organizers, who work by building up confidence, strong networks, and leaders within the workforce; and confrontational campaigns involving large numbers of union members. Many unions are a blend of these two philosophies, and the definitions of the models themselves are still debated.
Although their political structure and autonomy varies widely, union leaderships are usually formed through democratic elections.
Some research, such as that conducted by the ACIRRT,[7] argues that unionized workers enjoy better conditions and wages than those who are not unionized.
Companies that employ workers with a union generally operate on one of several models:
