The Union Delegation

Abstract

SECTION 1. CONCEPT AND SITUATION The union delegation is a body representing union members at enterprise level. Before the Second World War, unions already had representatives in large companies, albeit only informally. After the War, when the establishment of a works council became obligatory, the legislature also sought to give legal status to the union delegation. The National Labour Conference of 6 July 1946 charged the General Joint Council with establishing general principles on the rights and obligations of the union delegation. The General Joint Council's efforts resulted in the agreement of 16 - 17 June 1947, concluded between representative employees’ and employers’ organisations. Although it did not have force in law, it resulted in collective labour agreements in almost all sectors. These collective labour agreements worked out a status for union delegations. In 1963, the then Minister of Employment, Servais, tried unsuccessfully to award legal status to union delegations. When in 1968, the Collective Labour Agreements Act authorised the National Labour Council to conclude collective labour agreements at national level, the social partners used this opportunity to grant full legal status to the union delegation. Thus, on 24 May 1971, fifty years after the Freedom of Association Act, Collective Agreement No. 5 was concluded in the National Labour Council. SECTION 2. FRAMEWORK AGREEMENT Collective Labour Agreement No. 5 is a framework agreement, i.e. its provisions contain generally formulated minimum rules. These provisions have to be developed more specifically in collective labour agreements concluded in joint (sub-)committees or at enterprise level. The only restriction is that they have to be developed in accordance with basic provisions. Collective Labour Agreement No. 5 contains a number of concrete obligations and general principles. CONCRETE OBLIGATIONS a. the obligation to set up a union delegation, when this has been requested by one or more unions (Art. 7); b. the right of the unions to appoint candidates (Art. 7, 10, 16); c. the status of members of the union delegation (Art. 18–20); d. the competence of the union delegation (Art. 11–14);