NATIONAL ORGANISATION OF TRADE UNIONS

NOTU Trainers Material Developed During Trainers Refresher Course

At Uganda Electricity and Allied Workers’ Union Training Centre - Jinja

04TH – 07TH JUNE 2014

Compiled and edited by Baligasima Yazidi NOTU Programs Officer with support from LO/FTF Council Denmark

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Contents The Basics of Trade Unions in Uganda and the Characteristics and challenges of Informal Economy ....... 3

Participatory Training Methods .......................................................................................................................... 9

ORGANISING AND RECRUITMENT SKILLS .......................................................................................... 11

1.0 Introduction ........................................................................................................................................... 11

4.0 Why Organize? ................................................................................................................................. 14

4.1 Economic Benefits ............................................................................................................................. 14

4.2 Political Benefits........................................................................................................................... 15

4.3 Social Protection Benefits ........................................................................................................... 15

5.0 Planning recruitment activity ................................................................................................................. 15

7.0 What resources are available? ........................................................................................................... 17

8.0 The Challenges of Organizing ............................................................................................................. 18

8.1 Informal Workers ................................................................................................................................. 18

10.0 After the campaign ........................................................................................................................... 24

10.0 Tips on talking to members ...................................................................................................................... 25

Collective Bargaining ........................................................................................................................................ 28

What is collective bargaining? ...................................................................................................................... 28

What is negotiation? ..................................................................................................................................... 28

Background to collective bargaining development .................................................................................... 28

Collective bargaining and the Legal frame work ......................................................................................... 29

Declarations and Conventions...................................................................................................................... 29

National legislations ...................................................................................................................................... 30

Issues for collective bargaining .................................................................................................................... 30

Levels of collective bargaining...................................................................................................................... 31

What should be bargained at each level? ................................................................................................... 32

Types of collective bargaining ...................................................................................................................... 32

Principles of collective bargaining ................................................................................................................ 32

Collective Bargaining Process ....................................................................................................................... 33

Preparing for negotiations ............................................................................................................................ 34

Negotiations skills & tactics .......................................................................................................................... 35

Make Collective Bargaining Agreement work ............................................................................................. 36

Monitor and evaluate CBA ........................................................................................................................... 36

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Conciliation .................................................................................................................................................... 36

Arbitration...................................................................................................................................................... 37

Strike .............................................................................................................................................................. 37

Challenges ...................................................................................................................................................... 37

Conclusion ...................................................................................................................................................... 38

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The Basics of Trade Unions in Uganda and the Characteristics and challenges of Informal Economy

Baligasima Yazidi MPA Programs Officer – NOTU

Presentation Flow

Introduction Frequently asked questions Trade Union Definition What is NOTU? Forms and types of Trade Unions What do trade unions do Characteristics of the informal sector Challenges of informal sector What can be done to overcome the challenges?

Frequently asked Questions

What is a trade Union? What do trade unions do? What is trade Union Recognition? How democratic are trade unions? Will I get in trouble if I join trade union? Will I be protected from discrimination in the workplace? What financial benefits are there to join a union? What can a union offer with regard to working conditions? And hours of work? What about job security? Can I have representation for grievance/ disciplinary proceedings?

What is a Trade Union/Labour Union?

A trade union or labour union is a workers’ organization formed by workers to promote and protect their rights and socio-economic interests.

Trade unions/labour unions are;

voluntary, democratic, independent,

permanent continuous

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It is workers’ organization formed, managed and run by WORKERS for the promotion and protection of their rights and interests.

What do Trade Unions do

Negotiation Representation/ speak on behalf of their members Information and advice about work-related problems Education and Training Member services Legal Services Trade Unions Bargain with Employers to get better pay for members Trade unions campaign on particular issues, for example low pay, discrimination and

bulling

What is NOTU?

National Organisation of trade union is the umbrella body of trade unions in Uganda. It represents 20 registered affiliates with 224,662 members; the biggest unions are

Uganda National Teachers Union and the National Union of Plantation and Agricultural workers.

NOTU was established in 1973 by a decree which was later repealed by the trade union act of 2006.

NOTU is affiliated to international bodies; AOTUU, ITUC Africa, EATUC, ITUC Brussels.

NOTU is working with social partners such as ILO, FUE, Lo-Norway, Disability Aid Abroad, Africa Labour Research Network and many others.

What other benefits are there to join the union

Trade unions use size of their membership to negotiate favourable deals with diverse companies and services such as insurance, travel firms and retail discount.

Being a member of a trade union allows workers to have their voice heard and to get involved in the running of the workplace.

Trade unions ensure that health and safety regulations are adhered to. All workers have the right to a safe and healthy work environment. Employees are entitled to select a safety representative to represent them on safety and health matters with their employers

Trade unions campaign on national level with government to improve the pay, terms and conditions of all workers. The rights include; Weekends Paid holidays Paid sick leave

Paid maternity leave Paid paternity leave letter of appointment

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Choice of employment Equal pay for equal work

done Form or join a trade union of

his/her own choice Rest hours Annual leave Collective bargaining

Insurance Withdraw labour Compensation etc. Unions take on bad

employers and work with good ones to make them better

What is trade Union Recognition

A recognition agreement sets out in writing how both the union and the company will discuss issues that affect staff.

They may for example makes agreement providing for deduction of union subscriptions from members’ wages, who can represent workers in negotiations and how often meetings will take place.

Recognised unions have rights to consultation where redundancies or transfer of business proposal.

Even if an employer does not formally recognize a trade union an employee is still entitled to join the union and to have individual representation at disciplinary/grievance meeting.

Forms/Types of trade unions

Craft Union Professional Union Enterprise Union

General Unions Confederation Unions Industrial Unions

The current NOTU affiliates

1. Amalgamated Transport and General Workers’ Union. 2. Uganda Beverages, Tobacco and Allied Workers’ Union. 3. Uganda Building, Construction, Civil Engineering, Cement and Allied Workers’ Union. 4. Uganda Government and Allied Workers’ Union 5. National Union of Co-operative Movement Workers. 6. National Union of Clerical, Commercial and Professional and Technical Employees’

Union. 7. National Union of Educational Institutions. 8. Uganda Mines, Metal, Oil, Gas and Allied Workers’ Union. 9. National Union of Plantation and Agricultural Workers. 10. Uganda Communication Employees’ Union. 11. Uganda Public Employees Union 12. Uganda Electricity and Allied Workers’ Union.

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13. Uganda Railways Workers Union 14. Uganda Hospitality Leisure and Allied Workers Union. 15. Uganda Media Union 16. Uganda Nurses and Midwives Union 17. Uganda Fisheries and Allied Workers’ Union. 18. Uganda Horticultural, service Providers and Allied Workers’ Union. 19. Uganda National Teachers’ Union 20. National Union Theatrical, Domestic and General workers

Objectives of Labour unions

The objectives of labour unions include;

To promote and defend the rights and interest of their members. To promote social justice and equity To advocate for decent work.

Legal Framework

Joining a trade union is a right enshrined in the

Uganda constitution 1995, Articles 29 (1) (e) and 40 (3). Labour Union Act of 2006 section 3. ILO conventions 87

Associations

An association is a group of persons having common views, associated or organized for a common end. The main feature of an association is that it is meant for certain definite purpose or purposes which are realized through the cooperative efforts of its members.

Associations are mainly for professional reasons, and have limited rights for members. They sign no collective agreements and freedom of association is not guaranteed.

Union members on the other hand have all rights as enshrined in the ILO instruments, national Constitution, labour laws

Informal Sector Definition

The Informal Economy has been defined in many ways. Most of these definitions are rather descriptive because of the difficulties involved in capturing all the dimensions of the informal economy in only one definition. A common feature of all the definitions is that they all seem to agree that the informal economic activities are “unregulated” or “escape institutional regulation”. Other features of the informal economy are self-employment, small size of enterprises and flexibility in operations.

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Scope

Informal economic activities are found in all major sectors of the economies of developing countries. Some analysts limit the scope of informal economy to only the economic activities that take place in urban areas. This is not justifiable, especially in African countries, where agriculture is the source of livelihood for over half of the total workforce and is mostly rural and dominated by peasant farmers whose activities are informal in nature. In this booklet, informal economy is defined to include activities in both rural and urban sectors of the economy including activities in the agriculture sector.

The characteristics of the informal Sector

The majority of informal economy operators are self-employed Women dominate the informal economy in most developing countries Low earnings is one of the main features of the Informal Economy Informal Economy workers work longer hours than the normal working hours Most Informal Economy Operators have very low level of education Informal Economy operators lack social protection The incidence of child labour is high in the Informal Economy Unionisation is very low in the Informal Economy

The main challenges of the informal sector

Lack of access to credit Exposure to high level of economic and financial risks Lack of employment and income security Unsafe working conditions Non-participation in national policy-making Harassment by public authorities

What do we want to achieve?

Provide legal recognition for the labour force in the informal economy; Press for the enactment of National Policy framework for the informal economy In

Uganda Raise awareness on rights and responsibilities of operators within the informal economy.

Strategies for achieving the above aims

The main strategies for achieving the above aims are Research to identify the needs of the informal economy Organisation of the informal economy based on their own experiences and needs

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Education and training on rights and responsibilities for all actors in the Informal economy

Educational programmes by leaders of the informal sector groups to their members, mass communication, oral communication

Networking between organisations working in the informal economy. Social dialogue involving all actors of the informal economy with legal backing. All informal sector associations joining Trade Unions.

What opportunities can be utilised?

National Organisation of Trade Unions (NOTU) amended Constitution allows informal sector associations to affiliat.

Representation on tripartite structures could be expanded to include the informal economy.

Existing local government structures used to organise informal economy operators for tax collection can be used to demand for their formal recognition by local authorities.

Finally the sheer size of the informal economy can be used to justify the need for policy changes in the interest of its operators

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Participatory Training Methods By David Baliraine

Participatory Training Method can also be referred to as Active Learning Method. This is a method of adult education which incorporates direct Participation and creates an atmosphere for sharing experiences. It involves adults practicing new skills and applying new knowledge and attitudes during training activities.

What is a Training method?

The techniques the adult educator uses to implement the workshop and transfer new knowledge, skills, and attitudes to participants.

This refers to how subject matter is going to be dealt with. e.g. group discussion, lecture, role play, demonstration.

Techniques : Refer to the variations of the method, e.g. while Group Discussion (GDs), the technique used could be buzz sections, brainstorming , etc.

What is Methods?

A way of doing something, especially a systematic way; It implies an orderly logical arrangement (usually in steps)

Traditional method of teaching

Teacher Student

very big and important Is small and unimportant

Is full of knowledge Has little knowledge about the topic

Ignores students’ experience Must keep quiet during lecture and has no

experience to share

Participatory Training Methods

The Trainer The Participants

Is a facilitator Are members of a communication network

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Is a good communicator Feel at ease

Works at the same level as the participants Participate actively

Respects participants' ideas and experiences Share experiences

Is supportive of the learning process Ask questions, make mistakes, and take risks as part of the training process

Is an organizer of learning experiences Use the trainer as a resource, guide and mentor

Traditional VS Participatory

The didactic Teacher-Student Method is often not an effective training model for adults for two reasons:

1. It disregards a very important resource — the students' knowledge and experience. 2. Adults learn better and remember what they learned when they:

Hear information See demonstrations and illustrations Discuss information and ideas Practice techniques

The Participatory Training method takes into account adult education principles and applies them to training methods. Hence, PTM are so far more effective in making participants:

Use their experience and knowledge Everybody is involved To practice the skills which the participants have leant.

Participatory Training has several methods like: Case Study Role Play Simulation Learning Games Demonstrations

Field visits Apprenticeship Practice Role plays Group work Discussion

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ORGANISING AND RECRUITMENT SKILLS BY John Michael Osonge (Long Bones) Medalist & NOTU Educator

What is Organising?

The organizing, as the term refers to trade unions (and sometimes other social-movement

organizations), is a broad conception of how those organizations should recruit, operate, and

advance the interests of their members. Typically involves many full-time organizers, who work

by building up confidence and strong networks and leaders within the workforce, and by

confrontational campaigns involving large numbers of union members.

1.0 Introduction

Today in Uganda we have different types of employers. There are Formal and informal

employers. Organizing workers into a trade union is far back as early as 18th Century and it has

become a challenge in the trade Union Organisation. In Organizing Workers, there is nothing

special but in organizing informal workers, there are some simple reasons because in the

beginning all workers were informal.

The organizing is strongly linked to social movement unionism and community unionism. The

organizing model contributes to the discussion of how trade unions can reverse the trend of

declining membership, which they are experiencing in most industrial nations, and how they can

recapture some of the political power, which the labor movement has lost over the past century.

Organizing system is frequently compared and contrasted with other methods of union

organization, such as the servicing model. There is disagreement as to the logistics of applying

the organizing model and whether it should focus on organizing existing members, recruiting

new members, or both.

Workers were organized into unions, they fought and won their rights and the situation started to

become formalized. However, many women were left out of this process and remained in what

became known as the informal economy (working in low paying jobs such as domestic work and

home-based work).

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Unions have been very effective in building on successes, but we need to widen this into areas

where we are less well represented. The continuing attacks on members’ terms and conditions of

service and the deepening economic crisis means we can expect increasing numbers to look for

protection at work. This makes it essential we continue to build a strong union.

Every Union representative should try to ensure they play an active part in the recruitment

process. You can help us make more effective force by using every opportunity to recruit new

members. As part of our national organising strategy this paper offers practical advice for

planning workplace and branch recruitment activities. We hope you find it useful.

An increasing proportion of the labour force has never been a trade union member and

substantial segments of the labour force are currently unorganized. In consequence, trade unions.

Specific training seminars are held each year in order to exchange experiences and best practices,

but also to raise awareness on different aspects of recruitment and organising.

2.0 LEGALITY

2.1 International Labour Organisation (ILO)

According to the Universal Declaration of Human Rights Article 23 and International labour

Organisation C 98 of 1949 identifies the ability to organize a trade union as a fundamental

human right. ILO Convention 151 of 1981: Specifically speaks of the right to engage in

collective bargain.

ILO Convection 154 of 1981: spells the Promotion of collective Bargaining..

2.2 Labour Laws in Uganda

Every organisor or recruiting officer must be well acquainted with the following major Labour

Laws of this country:

1. The 1995Constitution of the Republic of Uganda as amended in 2005;

2. Labour Union Act 2006;

3. Employment Act 2006;

4. Occupational Health and Safety Act 2006;

5. Labour Disputes (Arbitration and Settlement) Act 2006.

6. Public Service (Negotiating Machinery) Act 2011

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3.0 Activity program

Task for Group 1 1- Why do we (i) Organise and Recruit workers into the Union

2- When do we carry out (i) Organising and Recruitment of workers into the union.

3- What do you think are the major challenges at work places regarding organizing and

recruitment?

4- What do you think or know of the challenges Organisors face while organizing?

Task for Group 2

- Who carries out organizing & Recruitment in your Union?

- Who are the employers that we deal with?

- Which are the major areas of organizing and recruitment?

- Give possible challenges on appointing and who organizers those who recruit workers.

- Give the challenges that we face while organizing and recruiting members.

Task for Group 3

- Where can we get /Resources for organizing workers into the union

- How do we carry out effective organizing of workers both in formal, informal

workplace?

- Give the challenges we face while organizing and recruiting members into the Union.

Make a check list of answers to the questions given above and report to the plenary, remember to

elect the secretary who will be a rapporteur and reports to the plenary and Chairperson of the

group that can guide discussion of your group.

The activity 10 minutes.

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4.0 Why Organize?

The poorest segments of the working class – those working in the informal economy, and

especially women – are the least able to make their voices heard by policymakers,

governments, employers, international agencies and others with the power to affect their

lives. These workers face a myriad of challenges, including low and precarious income,

high costs, poor working conditions, lack of legal protection, numerous legal and

physical risks, and often poor social standing. Generally lacking powerful organizations

and without strong support from trade unions, the ability of the working poor in the

informal economy to effectively challenge their conditions is very limited.

Informal workers need to organize to build the confidence and power to take collective

action, to gain recognition, and for effective voice and representation. They need to

organize to change the hostile economic, policy and legal environment in which they

work. They need to organize if they are to improve their lives and protect their

livelihoods.

Essential to this is the development of democratic, representative Membership-Based

Organizations (MBOs) – trade unions, associations, cooperatives – as well as national

and international alliances and networks.

Joining forces in democratic, Membership-Based Organizations (MBOs) can provide

many benefits to those who work in the informal economy, and in particular to women

workers.

Organizing and the act of creating responsive organizations are critical elements in

economic, social and personal empowerment. These enable [informal workers] to take

action to advance and defend their interests, formulate policies that will benefit them and

hold policy makers accountable over the long term.

4.1 Economic Benefits

Organizing allows workers to use their collective strength to negotiate better wages,

terms and conditions of employment.

Organizing allows workers to receive better prices from those who buy their products.

Organizing helps workers pool their limited resources and increase their access to

financial resources.

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4.2 Political Benefits

Organizing confers greater visibility and validity on informal workers, which in turn

gives them influence in policy arenas.

4.3 Social Protection Benefits

Organizing allows informal workers to access existing social protection systems.

MBOs can offer improved support systems for their members.

MBOs are at the forefront of helping improve working conditions, including fostering

occupational health and safety (OHS) approaches for informal workers..

4.4 Intangible Benefits

Organizing’s positive effects can lead to improved self-esteem and both social and

personal empowerment among informal workers.

5.0 Planning recruitment activity

The most important part of any campaign is to ensure that it's properly planned. A well planned

campaign is more likely to be successful, than one that is put together at the last minute without a

strategy.

5.1 Give yourself time

You need to allow yourself plenty of time to give proper consideration to the following

questions:

How many people will we need to help?

What materials will we need?

How can we use this opportunity to encourage more members to get active in organising?

How does this fit in with our group/branch organising plan?

How many members are we aiming to recruit?

5.2 Getting started

Before confirming arrangements for your activity, contact your nearest regional office to discuss

your plans. Every Union Office has either a dedicated organiser or an officer with organising

responsibilities. You will find a list of these offices and their telephone numbers that will help

you put together a plan for increasing membership in your workplace.

5.3 When's the best time to run a recruitment campaign?

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Choosing the best time to run activity will affect your success. Avoid weeks when large numbers

of staff are likely to be on holiday, such as Bank Holiday weeks or half term.

Consider whether there will be other events taking place at the same time that may compete with

your campaign. Try to avoid weeks when the workplace may be busier than usual, as staff may

not feel able to devote enough time to you.

You may be more successful running a number of one-day events, rather than one weeklong

campaign. Think about part-time workers, shift workers, workers off sick or on holiday and

those who job-share. Make sure that they are not excluded from your campaign.

6.0 Recruitment techniques and skills

The most effective way to increase membership is to negotiate access to workplace and workers.

This means being able to walk around the workplace, speaking to workers at their workstations.

Ensure that you check with them that, it is convenient to talk and remain polite at all times.

If you are unable to secure desktop access, then consider alternatives. Offer open meetings and

even meetings away from the workplace, where some staff may feel more comfortable away

from the attention of management.

Newsletters and leaflets on 'hot-issues' will be effective in encouraging workers to talk to you. If

you can't negotiate access, ask activists to make sure that everyone gets a leaflet. You may also

consider giving out leaflets to staff as they arrive at work in the morning. A leaflet won't recruit a

new member on its own, but it may encourage a potential new member to come and talk to you

to find out more about the union.

Let the potential member talk to you. Find out about them by asking them open questions. Ask

about their work, their workplace, their supervisor or manager, their pay, their treatment at work

etc. Try to discover what their 'key issue' is.

Show interest, be aware of your body language and, most importantly, listen to this person. You

may be the only person that has been prepared to listen to him/her discuss this matter. Allow

them to finish talking before you reply.

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Explain that the only way to change the current situation is to join the union. Explain what the

union is and how it works. Explain that members decide union policy and the importance of

getting organised at work. Show them that the union is successful by giving examples of recent

successes.

Briefly explain the role of the workplace rep and branch and where members fit in. Tell them

how much it will cost.

Finally, ask them how they will be successful in changing things at work, without joining a

union. Then ask them to join the union there and then, without taking the form away to complete.

If they do take the form away, arrange a time to meet up with them, so that they can return it to

you. Explain the joining process and what they can expect to receive from the union.

7.0 What resources are available?

7.1 Human Resource

All branch activists should take part in the campaign. If additional support is required,

talk to your Union office about this. Some Regions have a number of activists who are

willing to support local campaigns.

7.2 Leaflets and newsletters

Make your campaign relevant to the workplace. Produce and distribute a small leaflet

advertising the campaign in the weeks prior to it taking place. Produce a newsletter with

the names of local union representatives and activists to give out to all members. Use this

to advertise an open meeting. Highlight some of the key issues in the workplace and

explain what the union is doing about them.

We also have a wide range of literature (including application forms, posters, flyers) that

can be ordered through your regional organiser. You can download a literature order from

the resources box above.

7.3 Promotional items

These can be obtained from your Union office. We have a number of items, such as

Posters, Stickers, pens and badges that can be given to new members.

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Other items such as mugs, lanyards and mouse-mats can be obtained for distribution on a more

limited basis, through a prize draw or by offering each new member the opportunity to choose

one of these items. You can download a promotional items order from - see the box above.

It isn't possible, or practical, to give all these items to new members. Speak to your regional

organiser for more information on this.

7.4 Workers participation on boards of Directors

There is need for NOTU to advocate for workers leaders to participate on boards of directors or

Board of Governors in work environment areas or economic activity areas. Thus the Unions can

use this chance to convice management to recognize labour unions in workplaces.

7.5 The NOTU Organising Team

NOTU should establish an organizing Team to assist Unions in organizing and penetrating other

working environments like the Chinese & Indian employers.

7.6 Use the labour officers

The Ministry of Gender labour and social development are the custodian of labour laws of tis

country. We should seek for circular letters to most of these adamant employers informing them

of the Right for workers to join a trade Union. These should e silent.

7.7 Radio Programs

NOTU could use the radio programs to penetrate the countrywide as the need for employees to

join Trade union

8.0 The Challenges of Organizing

8.1 Informal Workers

There are many challenges in organizing the informal workforce. Although many of the

challenges are specific to the sector or local context, many are similar across all sectors and

regions of the world.

First, there are political and conceptual challenges. The ILC 2002 Resolution provided some

definition for informal employment, and conferred status and validity on informal workers.

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However, the Resolution is not universally understood or accepted, and matters are complicated

by the diversity and degrees of informal work and the sometimes unclear relationships between

employers and employees. Labour laws, as well as some unionists, often consider only those

workers in clear employment relationships, and discount self-employed and own account

workers.

Informal workers also may not perceive themselves as workers. A lack of a worker identity is

often true among women. For example, home-based workers may view their work as an

extension of their domestic duties.

The organizations to which informal workers belong may not identify as part of the formal

labour movement. This is true even of some organizations that act like trade unions, but which

may not want to be associated with the political allegiances of the “formal” trade union

movement in their country/sector, or members may be wary of trade unions.

A Lack of Legal Protection and Clear Negotiating Counterparts

Many informal workers do not have an employer – or at least an obvious one – with whom to negotiate.

As well, they are outside the protective labour law framework and there are no clear markers against

which to push for gains. Since collective bargaining is a staple of trade union activities, these factors

create perceptual and practical challenges for traditional unions.

Vulnerable Workers

Many informal workers are poor and must work long hours – sometimes in multiple jobs – to

survive, leaving them little time for organizing. Migrant workers may need to remain undetected

because they are undocumented, making them particularly vulnerable to exploitation and

harassment.

Diverse and scattered Workplaces

Workplaces may be very small, as with some garment workers, or may even be individual households, as

is the case for domestic workers. Many informal workers are situated in scattered (e.g. home-based

workers and domestic workers), mobile (e.g. street vendors and street waste pickers) or far flung (e.g.

farm workers, forest gatherers) workplaces.

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A single worker may have multiple workplaces and multiple “employers.” These factors all create further

complexities for recruiting members, for negotiating better conditions, and for organizational structures

and strategies.

Governance and Leadership

In some sectors and in some countries, informal workers have traditionally organized in local

associations. However, democratic structures – for eample, compliance with formal rules, such as in a

constitution, or processes for electing leaders.

Resources

Many informal workers are poor – and this is particularly true for women – and therefore unable

to afford dues, and their ability to pay these is further compromised in times of economic or

personal crisis. Organizations of informal workers often lack sufficient resources to cover the

cost of staff, space and meetings. Where unions serve both formal and informal workers, they too

may have insufficient financial resources, and informal workers may be viewed as a drain on

these. Challenges.

Political will

Getting trade union leadership to prioritise the organisation of workers in the informal economy,

and to make human and financial resources available to implement the organizing activities.

Legal changes

If a country’s laws are an obstacle to organising workers in the informal economy, unions need

to lobby for the necessary changes to the laws.

Constitutional changes

Changing trade union constitutions where this is the obstacle to organising informal workers.

New organising strategies

Learning new organising strategies that are more appropriate for workers in the informal

economy. This could mean identifying new negotiating partners (e.g. municipalities in the case

of street vendors, rather than employers) and new collective bargaining strategies and demands.

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Women leadership

Overcoming the traditional male bias in the informal sector trade unions in order to have

significant leadership by women who are the majority in the informal economy.

Learning from those doing it already

By means of exchange visits or other engagement, unions can learn from the experiences of

those who are already organising in the informal economy, avoid some of the mistakes and

replicate the more successful strategies – rather than re-invent the wheel. There are many

different models operating in different African countries – so sometimes a combination of

different models can be applied where no single one fits exactly.

Organising workers in the informal economy as workers and as equals

Because of the greater marginalisation of workers in the informal economy, their often lower

levels of formal education, there is often a tendency for formal workers to want to do things on

their behalf instead of organising for them to represent themselves and set their own

organisational agenda. Formal workers need to be always conscious and well-disciplined to

avoid this tendency – remembering the struggles they previously had to wage to represent

themselves instead of being represented by others.

Joint campaigns

It needs to be borne in mind that, for successful joint campaigns, there must be demands set by

the workers in the informal economy as well as the demands of the formal workers. If the formal

workers set all the demands and the agenda and expect the support of workers in the informal

economy when there is nothing in it for them, it will not work.

Tackling globalization

Workers need to confront the negative consequences of globalisation in a unified way (i.e.

formal and informal workers should identify their common ground and organise around that) in

order to find ways of influencing or acting on the way in which they are affected by

globalisation.

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Taking a lead in civil society

If trade unions are sufficiently representative of the working people (which is usually the

majority of adults) in any society, they are the natural leaders of any civil society or social

movement. They become much more representative of the wider working class if they genuinely

represent the workers in the informal economy, and are then much better equipped to take up a

leading civil society role.

The research assesses the efficacy of the recruitment and organising techniques implemented and

the impact on recruitment of changes in systems of union government. Although trade union

membership has declined in all sectors of the economy, the focus of the research is the Informal

sector where membership density tends to be the lowest, employment growth is steep, and the

recruitment effort required to address this situation is at its most intense.

The principal research methods employed are questionnaires distributed to union members, non-

members and union leavers, together with interviews of trade unionists engaged in recruitment

and organising activities.

Educational activities are held either to share best recruitment techniques and practices; or to

investigate the possibility of developing coordinated recruitment and organising initiatives within

specific companies but embracing several countries.

9.0 Organising Young Workers

The vulnerability of young workers on the labour market should be of particular concern for the

prospects of the labour movement since, as the truism goes, “young workers are the ‘future of

trade unions”. For reversing the de-unionization trend and guaranteeing generational renewal, it

is generally believed that unions should become more responsive to the interests and needs of

young workers.

The purpose is to map and to examine trade unions’ tactics and activities on organising young

union members, with the focal point on the trade union confederation’s policy for representing

and recruiting young workers. Educational seminars for young trade union leaders are also held

in order to develop participants.

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9.1 The organizing system in its ideal type has these features

Young workers are difficult to handle and needs care while recruiting them. To facilitate this

type of organization, organizers will often need to put in long hours talking to workers about

their situation, and what they believe the union can help them achieve.

Visits to workers' homes will often be a component of this.

Acceptance of the view that workers need to take some appreciable responsibility for

winning union struggles and making the union strong.

The identification and recruitment of volunteer leaders from among the workforce, to

spread information about the union, and encourage others to join and take action.

Proactive recruitment drives conducted by either the paid organizers, the volunteers from

the union, or both. The important part of the recruitment aspect of the organizing is, the

principle of 'like-recruits-like' such that the recruiters have the same demographic and

occupational identity to those being recruited. Though, there can be unions that employ

the organizing system without necessarily emphasizing recruitment.

As a component of these recruitment drives, "mapping" of workplaces as a key

component of the organizing model, and they also make it clear that the goal of mapping

is to identify all members of the workplace and rank them systematically in terms of their

propensity to become active in the union.

Proactive campaigning, involving a large commitment of resources and large numbers of

members. This campaign has to be focused on specific issues and grievances, rather than

campaigning without any specific, tangible goals in mind.

Creative campaigning tactics - including demonstrations, street theatre, media stunts,

direct action, civil disobedience, music etc.

A conception of leadership in which leaders are those willing to take the initiative and

contribute effort, rather than one based on authority. It is often the goal for leadership (as

confidence to initiation organization with others) will spread as broadly as possible.

Community support as a key to the success of the organizing system. As a way to

maintain or even incite this support from the community, publicising concessions from

the employer.

Typically a relatively high level of membership dues relative for industrial—as opposed

to craft—unions.

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Paulo Freires Theory of radical conscentisation

In 1959, Freire having been appointed a professor of History and Philosophy of education at the

University of Permambuco in Recite Brazil. In his capacity he used the literacy campaign work

as the poor and was able to involve many students in his campaign. Freires’ analysis of the

Third world concluded that at it was characterized by social, political, and economical

oppression. These ideas and values are in conflict or contradictions with freedom, responsibilities

and true humanization.

The subjectivists or idealist error leads to te assumption that the future will change when

individuals change their consciousness. This is because this philosopher in the four years was

able in the city of Angicos 300 workers learned how to read or write. In June 1963 the literacy

program was extended to the entire nation and between June 1963 and March 1964 training

programmes were developed in most of the state capitals.

The 1964 plan was to establish 20,000 discussion groups which could be equipped to teach

20,000,000 illiterates. This led to opposition beginning to develop in Brazilian Conservative

Circles – Freire was accused of using this literacy method to spread subversive and revolutionary

ideas.

What about our workplaces?

Identify a workplace through mapping & research officer. Get fall contacts and physical address

and Business name with the use of human resource. Just identify only one key worker of the

work place, have extensive discussion with him on the plans to establish a union.

The person should then be able to identify a committee of lead persons per section or

departments. These should be trained to become study group organisers who will eventually train

others.

10.0 After the campaign

Aim to keep the profile of the union high. This should apply after the campaign as well as during

it. Ensure that notice boards have posters and plenty of leaflets are available. Every area should

have a representative or someone willing to distribute union literature.

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It is important members understand that the union is an organisation that exists inside their

workplace and is not an outside body that only arrives once a year to recruit. Send all new

membership forms to HQ as soon as possible. You may choose to keep a record of those

submitted.

10.0 Tips on talking to members 10.1 Visit everyone

If you go to the same people you’ll hear the same things. Develop a plan to visit each area you

have responsibility for and talk to people who may not want to talk to you, or you may want to

avoid because they can be difficult.

10.2 Work as a team

Support each other but don’t approach non-members mob handed. One-to-one discussion

encourages honest and open dialogue.

10.3 Ask questions

Be interested and inquisitive rather than intrusive.

10.4 Watch and listen

Take in everything: listen to the words and tone members use as they speak to you and to others.

The point is to find out what’s important to them. New employees may not respond, but over

time listening to their questions, concerns and their needs will break the ice for you.

10.5 Share your ideas with members

Ask members for their opinions by holding discussions and be open to new ideas.

10.6 Bring good news

Discuss recent successes of the union or positive initiatives. Give them good news, increase their

confidence and brighten their outlook. PCS fights for better conditions and we should

communicate our victories.

10.7 Praise your reps

Pay tribute to members and reps for the work they have done in supporting the union. When we

win on issues we feel successful and are more prepared to take on other issues. This will

encourage them to look for victories and share them.

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10.8 Don’t be critical

When something goes wrong, try not to criticise or be argumentative. Be confident in stating

your view but listen to the potential member’s concern. Make a note of the objection or concern

and next time you visit bring some material that deals with this. You can repeat this process to

deal with different issues.

10.8.1 Feed off enthusiasm

When someone presents a new idea, don't rush to undermine it, try to support it, or incorporate

their suggestion into the work of the branch if it is practical to do so.

10.8.2 Identifying activists

By talking to members, you may identify values and skills that could make a good rep. It’s useful

to identify opinion formers who may influence others on the group.

SEVEN STEPS TO RECRUITING

R - Research

E - Evaluate

C - Contact

R - Reasons

U - Understanding

I - Invitation

T - Tie-in

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Research

Carry out a mapping exercise

Get to know members and draw a non member list.

Know what your union does

Know your union

Evaluate

Who should you approach

When to approach

What strategies

Contact

Personal

Friendly

Confident

Don’t overkill

Don’t give high or false expectations

Don't tell lies

Don't coerce

State your credentials

Reasons

Services and benefits of joining union

Importance of joining the union

Need for unity and solidarity

Understanding

Opportunity to ask questions

Check understanding

Clarify where need be

Invitation

If yes – sign up

If No – back to the beginning

Tie-in

Give relevant materials Union handout Union brochures Membership card Any other information Campaigns etc

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Collective Bargaining By Baliraine Elkanah David

What is collective bargaining?

Collective Bargaining is the process of carrying voluntary negotiations between the employer(s)

or employer’s mandated representative and the employees’ representatives or labour unions with

a view of reaching an agreement that regulates terms and conditions of services. The agreement

is normally referred to as Collective Bargaining Agreement CBA).

ILO C 98 defines collective bargaining as “voluntary negotiations between employers or

employers’ organisation and workers’ organisations with a view to the regulation of terms and

conditions of employment by collective agreement”.

Article 2 of ILO C 154 defines collective agreement as All negotiations which take place

between an employer, a group of employers or one or more employers’ organisations, on one

hand, and one or more workers’ organisations, on the other, for:

• Determining working conditions and terms of employment,

• Regulating relations between employers and workers,

• Regulating relations between employers or their organisations and a workers’

organisation.

What is negotiation?

It is a discussion intended to produce an agreement or an activity of negotiating an agreement or

coming to terms. ILO C 151 interprets the term “negotiation” as “any form of discussion, formal

or informal, that was designed to reach an agreement” and emphasises the need to secure an

agreement.

Background to collective bargaining development

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The trade unions we say today were first formed in the Britain in the 18th century. This was a

result of the serious exploitation of the workers by employers. Workers were working under

unfavourable and precarious conditions.

Workers had to work for long hours and earn peanuts, no overtime, no rest days, no leave and no

holidays. They had to accept wages, terms and conditions of service as dictated by the employer

or else leave the job.

Historically, the growth of trade unionism has reflected the collective view of workers that by

combining together to protect their interests they can better match the power of their employers.

A single worker in isolation is weak and voiceless; he/she has no bargaining power at all and

finds him/herself at the mercy of the boss/ employer. The only chance the economically weak

workers have of getting better terms and conditions of service is to organise themselves into a

collective force. This is because when workers are bound together in a powerful union, they can

meet employers on equal footing and they are able then to present collectively their demands and

carry out collective bargaining.

It was under the same background that labour unions began to emerge in Uganda in the late

thirties. As labour unions grew and increased their pressure it became imperative that the

government had to recognize them as social and public legal institutions.

Collective bargaining and the Legal frame work

Collective bargaining is proclaimed by international declarations and conventions and by

national constitution and legislations as a basic trade union right of paramount value.

Declarations and Conventions

• The declaration of Philadelphia

• ILO declaration on Fundamental Principles and rights at work.

• ILO C 98 of 1949 on Right to Organise & Collective Bargaining

• ILO C 151 of 1978 Labour Relations (Public service)

• ILO C 154 of 1981on Collective Bargaining.

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• Recommendations 91 of 1951,159 of 1978 and 163 of 1981.

National legislations

Collective bargaining is one of the economic rights enshrined in the 1995 Uganda Constitution

under Article 40 (3) and it states that

“Every worker has a right—

(a) to form or join a trade union of his or her choice for the promotion and protection of

his or her economic and social interests;

(b) to collective bargaining and representation; and

(c) to withdraw his or her labour according to law”.

Also the Labour Unions Act 7 of 2006 Section 3 (b).

It states that “employees shall have the right organize themselves in any labpur union and may

engage in other lawful activities for the purpose of collective bargaining or any other mutual aid

practice”.

In regard to the legal framework, collective bargaining is only possible when workers are

organized in a labour union.

Issues for collective bargaining

Issues of collective bargaining can be agreed upon by both parties and these could include the

following among others;

1. Scope and application of CBA

2. Interpretation of terms

3. Levels of representation

4. Trade union rights

5. Discrimination

6. Sexual harassment

7. Council representation

8. Trade union subscriptions

9. Contract and notice

10. Categories of employment

11. Hours of work

12. Retirement

13. Payment of overtime

14. job classification and Grading

15. Wages and salaries

16. Piece work, task work and

17. Shift work conditions

18. Compassionate leave

19. Funeral assistance

20. Housing and/or allowances

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21. Transport and/or allowances

22. Medical care

23. Educational allowances

24. Meals and/or allowances

25. Sanitary facilities

26. Vacation leave

27. Sick leave

28. Maternity leave

29. Paternity leave

30. Annual bonus

31. Weekly rest and public holidays

32. Protective clothing

33. Provision of uniforms

34. Travelling, accommodation &

subsistence allowances

35. Transfer and relocation

36. Rights of employees on transfer

37. Continuous service

38. Record of service

39. Shop Stewards Committee

40. Code of conduct

41. Dispute resolution

42. Accessibility of CBA

43. Unfair labour practices

44. Rates of pay

45. Recognition of service

46. Risk allowance

47. Job evaluation

48. Gratuities and severance pay

49. Pension scheme

50. Retirement age

51. Health and safety code

52. Key principles on HIV/AIDS

Levels of collective bargaining

Collective bargaining may be carried out at different levels. This can be at workplace,

enterprise, sectoral, industrial or national level. At workplace level some local bargaining can be

carried out on a range of issues that may affect a particular workplace. Issues like Bonus rates,

merit pay, individual job grading among others. Whereas at the higher levels of bargaining,

negotiations can be carried out on inter alia rates of pay, Hours of work, Leave and leave

allowance, Health and safety issues, Disciplinary procedure, sickness.

Higher level agreements do not necessarily apply rigidly all the way down the line. These

agreements normally set minimum standards for an industry as a whole, which should be not

undercut by any company. However any company can offer well and above the minimum. It sets

the social net or minimum but not a ceiling.

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What should be bargained at each level?

The distinction between issues which are negotiated at various levels may be different from

industry to industry and these must be fully appreciated by trade unionists.

Types of collective bargaining

We are going to look at two majorly used types of collective bargaining:

Zero sum game – Whatever, I get is equal to your loss

Win Win bargaining – No loser but all win.

Principles of collective bargaining

Recognition of opposing interests – This is the first principle of collective bargaining. It must

be appreciated that the employer’s interest is to get the most from the workers at the lowest

possible cost in order to maximize profits. In contrast to the employer’s aim to reduce

production costs to a maximum level, workers are interested in getting the best possible

conditions for their work and improve on their welfare to enable them live decently.

Compromise – Truly, the satisfaction of workers’ interest reduces on employer’s profit margin.

To find a fair settlement to this clash of interests by means of a compromise between the

workers’ demands and employer’s offer is the second principle of collective bargaining. Such

compromise requires that bargaining is carried out in good faith and with a flexible give and take

attitude on both sides. There should be a win-win situation and not one or both parties to present

thier demands rigidly as an “all or nothing” alternative, without the willingness to concede.

Nonviolence – Bargaining between the employer and the labour union can sometimes be a tough

confrontation, but physical attacks, sabotage and blackmail are never acceptable in collective

bargaining. Hence, nonviolence is the third principle of collective bargaining and calls calmness

so as to allow the minds to meet and reach a compromise.

Bargaining autonomy – this is the fourth principle of collective bargaining. Since the

negotiations are between the labour unions and the employer, it is solely the responsibility of

both parties to conclude and sign a Collective Bargaining Agreement without interference of any

third party. Government interference is not permissible unless the parties have agreed to

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disagree and refer the matter for conciliation or arbitration. Collective bargaining is not a

toadyish haggling for a “sweat heart contract” between union and management. Neither is it an

unreconciliable and intransigent fight with no other option for workers than total victory or total

defeat. Rather it is a procedure for a rational, ordely and peaceful settlement of conflicting

interests at the negotiating table, based on certain rules mutually agreed upon by both workers

and employers.

Collective Bargaining Process

The opening move in the bargaining process is initiated when the union submits its set of

demands to the employer, with invitation to negotiate. However, no employer is likely to agree

without hesitation to these initial demands. Most probably, management will refuse them as

exaggerated, unrealistic and impossible to fulfill, urging that their acceptance would ruin the

company. Instead management will offer to the union a much lower counter proposal.

For sure this is where bargaining proper between the employer and union starts. The two parties

hold direct negotiations to bridge the gap between the union demands and management offer.

At this juncture the union’s negotiating team should have at hand all relevant facts and figures,

like the financial situation of the company, the cost of living team, inflation rate and the

productivity increase, in order to support its demands.

Persuasion and pressure must be exercised; flexibility, firmness and assertiveness are required in

this tug-of-war for striking a balance and achieving your set objectives.

It takes several rounds of hard negotiations; of proposal moving to and fro for mutual

concessions, before the employer finally agrees to a compromise that be accepted by the union.

When reaching an agreement, it is important for both parties to ensure that what is agreed upon is

acceptable, affordable and sustainable.

At the end of negotiations, the collective bargaining agreement will be signed by both the union

and employer.

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Preparing for negotiations

When preparing for negotiations the first stage is to ensure that your preparations are clear about

the rules under which subsequent bargaining will take place. The kinds of issues which are

relevant here can be represented by the following questions:

• Is this an individual or collective issue?

• Are there existing procedures or agreement to follow

• Are there agreements substantive or procedural

• Am I recognised by the employer consultation or negotiation

• Am I raising a new issue or am I seeking to change existing formal or informal agreement

• Is my employer seeking to pull out of or diminish levels of CBA. If so is this being done

unilaterally or with the collusion of other employers

• Should I test the waters as to how management/employer will react before the meeting /

rehearsal

• Can I negotiate on my own or do I need authority or help from others

• Is this problem only affecting an individual at the moment but can affect others in future

• Can I take a test case

Furthermore, during the preparations for negotiations you have to ensure that you have a

powerful and strong team of negotiators and members support on the issues you have submitted.

You also have to ensure that you have well prepared case by getting figures and facts, carrying

out Company performance analysis and setting targets and fall backs

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Negotiations skills & tactics

While at the table you need to note and observe the following

Information needs

It goes without saying that the trade union’s preparation for bargaining with employers is greatly

assisted if they have access to appropriate information.

United front

As trade unionist we believe that in unity there is strength. Hence, when going for negotiations,

you need to build a team that is together and united. Collective bargaining requires strong, united

and well organized team. It cannot function successfully without powerful union/team. A weak

and poorly organized union/team will get much less than management is able to afford, because

the team cannot exercise enough pressure on the employer. Splits, divisions and rivalry among

union/ team members further weaken workers’ negotiating power and may reduce collective

bargaining to mere collective begging. When fighting each other, all are loosers. The more

united and stronger the union, the better its position to win more beneficial agreement.

Adjournments

The negotiators should always seek for recess to caucus among themselves or adjournment to

consult members. They should not urger before the other side of employers.

Control discussions

The negotiations should be controlled by allowing only the chief spokesperson to commit the

union and not everyone to discuss and agree on something. If everyone is allowed to discuss

without control, the union is bound to lose the bargaining power. Whereas management might

find weak people and intimidate them so as to accept their offer. The team should have a

respectable Chief Spokesperson and a strong back up of technical people in the field of

discussion.

Getting settlement

Keep your objectives in mind

Watch for management offers

Achieve compromise

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Sign any agreement reached

Avoid dead locks where possible

Consult before and during negotiation and not after

Give feedback to members

Make Collective Bargaining Agreement work

The result of the collective bargaining process is the Collective Bargaining Agreement (CBA).

The CBA is a written document signed by both employer and union containing regulations about

most important working conditions and terms of employment both parties have agreed. The

CBA is legally binding on both parties; employer and union as if it were alaw. After the

conclusion of the CBA, the union’s work is not yet done. The best CBA is only a worthless piece

of paper if it is not respected and put into practice. At least as important as negotiating a good

agreement is seeing to its proper administration and enforcement.

Monitor and evaluate CBA

The next and important process after the implementation of the CBA is the monitoring and

evaluating exercise. An agreement might have been signed and it becomes un practicable to

implement or overtaken by events. Hence, M&E is very important to allow the review and

amendment of the CBA for the continued improvement of members benefits and service

delivery.

Conciliation

When negotiation between union and employer reach a deadlock, then it will end up on a

conciliation course. Conciliation or mediation has proved to be a useful instrument to find the

way out of the deadlock and to re-initiate the negotiations between union and employer.

Conciliation can be referred to as assisted negotiation. To conciliate means to keep the employer

and union talking, with the help of an outsider commonly referred to as Conciliator or Mediator.

The conciliator is nominated and agreed upon by both the union and the employer. He must be

genuinely impartial and independent of both parties. The conciliator’s role is that of a

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peacemaker, who tries to take the best out of the conflicting situation, so that the negotiations can

start again.

During the conciliation, union and management continue to be in full control of all their

decisions. If, as a result of conciliation, the disputing parties agree on compromise, it is their

own free will and not a decision which has been imposed on them by the conciliator.

Arbitration

When the parties are not able to make a compromise through their own efforts, nor through

the assistance of a conciliator, then arbitration can be used as a means to arrive at a

settlement. Arbitration means that an outsider is brought in to make a definite decision or

award. The arbitrator will listen to both parties and analyse all relevant data, in order to be

able to give an objective and fair judgement of the situation.

Once the dispute is submitted to an arbitrator, his/her decision becomes final, conclusive and

binding to the parties. Normally it does not permit any appeal.

Strike

In consequence, if the case is referred to arbitration, the union has to renounce its right to

strike. Hence, when conciliation has failed and arbitration is not acceptable, one last

procedure is open; withdraw of labour or collective refusal to work, otherwise known as a

strike. Strikes as a basic right of workers/labourers and labour unions are carried out after a

breakdown in negotiations, whether as a result of the meetings ending in a deadlock or the

employer is unwilling to continue negotiations.

Indeed, the strike is and will remain an essential option, and the right to strike a necessary

compliment to the right to collective bargaining. Collective bargaining without the option to

strike reduces negotiations to “collective begging”.

Challenges

Collective bargaining is not an easy issue and in this era where the economy is led by private

sector and where the majority of the workers are in the informal economy. The following are

some of the challenges faced by collective bargaining:

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• Increase in demand for members’

benefits and service delivery.

• Changes in psychological

employment contracts

• High rate of unemployment

• Corruption

• Poverty

• Government attitude and policies

• Weak labour administration and

management

• Language

• Technical know how

• Lack of confidence

• Political affiliation

• Limitations of democracy (electing

noise)

• Time

Conclusion

Workers believe that collective bargaining is the most effective method of regulating terms and

conditions of employment. In addition, any issue, which is identified as eliminating direct or

indirect discrimination, promoting equality of opportunity and treatment or more effectively

balancing work and family responsibilities is legitimate issue for collective bargaining.

The right to freely organize and join workers’ organization provides individual workers with a

greater power to bargain and seek better conditions of employment. Trade unions exist to

represent the needs and interest of all their members; they bargain for improved terms and

conditions of employment and a safe and healthy working environment for both men and

women.

The freedom to associate and bargain collectively does not mean that there will necessarily

always be harmony. What these rights do is provide an environment in which it should be easier

to create industrial harmony based on a more equal sharing of power

Last but not least, a trade union that cannot bargain is

like a dog that can bark but not bite.