A6. Freedom of Association and Collective Bargaining

Code 8.0

Open communication and direct engagement between workers and management are the most effective ways to resolve workplace and compensation issues. Workers and/or their representatives shall be able to openly communicate and share ideas and concerns with management regarding working conditions and management practices without fear of discrimination, reprisal, intimidation, or harassment. In alignment with these principles, participants shall respect the right of all workers to form and join trade unions of their own choosing, to bargain collectively, and to engage in peaceful assembly as well as respect the right of workers to refrain from such activities. Where the right of freedom of association and collective bargaining is restricted by applicable laws and regulations, workers shall be allowed to elect and join alternate lawful forms of worker representations.

Elements to Demonstrate Compliance to RBA Code

1. Policy

Have a detailed, comprehensive documented freedom of association and collective bargaining policy with elements including:

• a. Respect of the right of workers to form or enroll in a worker representation body, or to refrain from doing so.²
• b. As open communication and direct engagement between workers and management are the most effective ways to resolve workplace issues, where the right of freedom of association is restricted by applicable laws and regulations, workers shall be allowed to elect and join alternate lawful forms of worker representations.
• c. Non-interference, restrain, or coercion of workers in the exercise of their right to individually or collectively to express, promote, pursue, and defend their concerns or ideas or to refrain from doing so.
• d. Non-interference with and no financing of a worker representation body unless required by law.
• e. Recognize and respect the right of workers to bargain collectively, or refrain from doing so.
• f. Respect the legal rights of all workers to bargain collectively, or refrain from doing so.
• g. Commitment to enter negotiations upon request by the worker representation body.
• h. Commitment to participate in good faith in the collective bargaining process with the worker representation body.
• i. Respect the legal right of all workers to peacefully assemble.³

² The reviewee company is responsible for ensuring their workers can exercise their rights to organize in a climate free of violence, pressure, fear, and threats. reviewee is not required to take an active role in supporting workers' efforts to associate or organize.

³ Company may place reasonable time, place, and manner controls regarding assembly for purposes of maintaining a healthy, safe, and productive work environment.

2. Procedures & Practices

Procedures & Practices are in place such that:

• a. Ensure the policies and procedures for freedom of association are communicated to all managers, supervisors, and workers.
• b. Any worker representation body, trade union or lawful alternative, reflects the interests of those workers who chose to be represented without the interference of management.
• c. Do not dismiss, discipline, coerce or threaten workers as a result of exercising their right to freedom of association.
• d. Do not discriminate in employment decisions against workers because of their affiliation with any worker groups.
• e. Employee representative(s) and other workers are treated equally.
• f. Enact, within the scope of national law and practice, a mutually agreed process between the company and workers to facilitate regular discussion on matters of mutual concern.
• g. Ensure company management conducts regular sessions with workers to discuss their issues or concerns.
• h. Open feedback channels exist for workers to bring issues to the attention of management for resolution. Communications are kept confidential for the protection of workers.
• i. All CBA terms and conditions are implemented.
• j. Granting religious accommodation should be evaluated against requirements in any CBA and may vary from the CBA. A dialogue with worker representatives is held if there is a difference between an accommodation request and the CBA, if this does not violate the privacy of the Accommodation requestor.

3. Controls & Monitoring

Controls & Monitoring should include:

• a. Management contributions are limited to providing meeting space and/or meeting materials (such as note taking material) unless required by law.
• b. Management should not dominate or interfere with the formation or administration of any worker representation body (or alternate lawful forms where the right of freedom of association is restricted by applicable laws and regulations) or contribute support, either financial or human resources. Where legally required, management shall allow the democratic election of worker representatives.
• c. Review payroll records to confirm that trade union employees or worker representatives are paid the same as other workers in similar job functions.
• d. Get worker feedback as to how communications might be improved between them and management and make adjustment.

4. Records

Records are maintained including:

• a. Worker representation body meeting minutes and financial records, if available, to determine source of funding and materials.
• b. Records are maintained on freedom of association related grievances and show how the grievance was investigated and acted upon including communication to workers.

1.0.0 (2024-01-01)

Initial release.