RJB MINING FORCED TO RECOGNISE THE NUM

Mining company RJB Mining has been forced to recognise the NUM mineworkers' union for collective bargaining after a significant declaration by the Central Arbitration Committee.

Although the company has frequently negotiated with the union over industrial relations matters, it has always publicly denied that it recognised the NUM. As a result it has had the best of both worlds. It could go to the union when it needed to agree changes collectively, for example over mine closures. But at the same time it was able to deny the union rights which it would have had as a recognised union, such as time off for trade union duties and information for collective bargaining purposes.

The NUM decided that its only option was to make a formal request for recognition to the Central Arbitration Committee (CAC) using the statutory procedures. The request was formally rejected by the CAC, but only because it ruled that the NUM was already effectively recognised by RJB Mining "in spite of the protestations by the employer to the contrary". Furthermore, the CAC said that the union is entitled to conduct collective bargaining over pay, hours and holidays, as well as other matters.

This is an important victory over a company that has consistently opposed union organisation. It is also significant because it makes a distinction between what a company says and what it does. If an employer meets and bargains with a union then, in practice, they have recognised that union for collective bargaining.