A7. Freedom of Association

Code 7.0

In conformance with local law, 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. 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.

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 trade union, or to refrain from doing so.²
• b. Non-interference: the Auditee will not interfere with and will not finance a trade union unless required by law.
• 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. Recognize and respect the right of workers to bargain collectively, or refrain from doing so.
• e. Respect the legal rights of all workers to bargain collectively, or refrain from doing so.
• f. Commitment to enter negotiations upon request by the trade union certified to represent workers.
• g. Commitment to participate in good faith in the collective bargaining process with the trade union certified to bargain on behalf of the workers.
• h. Respect the legal right of all workers to peacefully assemble.³

² The auditee company is responsible for ensuring their workers can exercise their rights to organize in a climate free of violence, pressure, fear, and threats. Auditee 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 trade union 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. 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.
• g. All CBA terms and conditions are implemented.

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).
• b. Management should not dominate or interfere with the formation or administration of any trade union or contribute support, either financial or human resources. Where legally required, management shall permit 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. No evidence that the Auditee dismisses, disciplines, or explicitly threatens workers in order to encourage or discourage workers from forming or joining a trade union, or refraining from doing so. Differences in terms and conditions of employment between unionized and non-union workers due to a collective bargaining agreement do not constitute discrimination.

4. Records

Records are maintained including:

• a. Trade union 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 (2021-01-01)

Changed

• Initial historical baseline — Freedom of Association (RBA Code of Conduct 7.0, code A7): Earliest imported version of the criterion (published as A7 Freedom of Association). Respect for the right of workers to form and join trade unions of their own choosing, to bargain collectively, and to engage in peaceful assembly, or to refrain from such activities. Included a standalone unequal-treatment provision (A7.4) with its own discrimination rating bands (Major at two or more ineffective-mechanism cases or discriminatory pay/promotion patterns; Minor at one case). Terminology used 'trade union' throughout.