Trade Unions, Employees, and Labor Rights: An Overview of International Labor Standards

Trade unions, like their counterparts in the private sector and government, assume the role of being an employer. Those who they employ as members of their professional staff remain subject to the domestic labour legislation. Without any reservation, it is expected that the international labour standards will apply to the treatment of these employees. Further, there is also the expectation that these employees should not suffer any treatment which infringes on their human and workers’ rights.

One would want to think that trade unions in priding themselves on promoting self-respect, the dignity of workers, fairness, equality and non-discrimination, would be the first in upholding these tenets. Put another way, trade unions would be expected to lead by example and practise what they preach. It can be very disturbing when employees of a trade union engage in protest action against the employer, whether it is a sickout, work to rule or worse yet, strike action. These actions may be legitimately based, taking into consideration the circumstances which may give rise to them. It would be unwise to condemn protesting employees for their actions without first knowing the facts. What can be a matter of interest is the knowledge that some of the protesting employees, if not all, enjoy membership within the union, which is also their employer.

It should not be ignored that some of the most common causes which give rise to workers’ protests, range from bad working conditions, discrimination, the treatment meted out to workers by the employer or management, favouritism, unfair management practices, poor workplace communication, lack of equipment, lack of training, suppression, lack of rules and regulations that identify with a code of conduct, lack of procedures to deal with grievances, disputes and inadequate or proper workplace supervision. The failure to motivate and inspire workers, and the violation of workers’ rights, can be identified as major contributors to workers’ indiscipline. At the end of the day, disgruntled workers stand to be accused by the employer of being indiscipline, unproductive and inefficient.

Where there are signs of a breakdown in the organisation, it is advisable that as a first step, the employer should look inwardly to assess what are the causation factors. Secondly, the focus ought to be placed on what can be done to address and remedy the situation. Employers and management who fail to set the tone within their organisation can only have themselves to blame where a breakdown in discipline occurs. It is not only ugly but regrettable, when a trade union, as an employer, finds itself being dragged before the law courts or the Employment Rights Tribunal by an employee.

The fear of being dragged before the law courts or the Employment Rights Tribunal should not be a fear of a trade union, providing that it always follows the law, rules, regulations, practices, processes and procedures. In this instance, it underscores the need for the trade union as an employer to keep updated records on the performance and actions of its employees. The trade union as an employer should not be afraid to discipline an employee for fear of being accused by that employee of being wrongfully or unfairly dismissed. What is important, the required actions of warning or caution are issued to the employer, based on the level of breach which has been committed, to be followed by observing due process.

It cannot be ideal if a trade union as a model employer is found wanting when it cannot complete a negotiation process with its own members of staff. It is disconcerting if the trade union stands to be accused of pushing back on the payment of a decent and living salary/wage, fails to offer affordable social security benefits, job security, a safe place of work and good working conditions.

Trade unions like any other model employer are expected to build strong inclusive and supportive relationships, promote healthy work-life balance, and are clear, consistent and transparent in their expectations. It is to be reiterated that trade unions as employers must demonstrate good employment practices and are insistent on the observance of best practice. It would serve the interest of trade unions as model employers to understand they have a remit to invest in their employees through training, encouraging innovation, creativity, and in promoting the engagement and involvement of employees in the life and work of the union.