Section 36: Application for recognition

36. Application for recognition (1) A trade union or a group of trade unions of workers acting jointly may apply in writing to an employer for recognition as a bargaining agent, or as a joint negotiating panel, or as a sole bargaining agent, for a bargaining unit. (2) An application under subsection (1) shall be accompanied by— (a) a copy of the certificate of registration of each trade union; (b) a copy of the agreement between or among the trade unions in the case of a group of trade unions acting jointly; and (c) the number and category of members that each of the trade unions has in the bargaining unit. (3) An employer shall, within 60 days of receipt of the application, inform the trade union or group of trade unions in writing whether he— (a) recognises the trade union or the group of trade unions as a bargaining agent; or E9A – 23 [Issue 5] Employment Relations Act (b) refuses to recognise the trade union or group of trade unions as a bargaining agent and state the reasons thereof. [S. 36 amended by s. 12 of Act 5 of 2013 w.e.f. 11 June 2013.]