Workers' representative A number of Conventions require consultation with workers' representatives in the undertaking on specified areas and issues. Some stipulate that these representatives must be recognized as such in national law or practice, in accordance with the Workers' Representatives Convention, 1971 (No. 135).[278] Under the terms of that Convention, the expression "workers' representatives" means persons who are recognized as such under national law or practice, whether they are: (a) trade union representatives namely, representatives designated or elected by trade unions or by members of such unions; or (b) elected representatives namely, representatives who are freely elected by the workers of the undertaking in accordance with provisions of national laws or regulations or of collective agreements and whose functions do not include activities which are recognized as the exclusive prerogative of trade unions in the country concerned.[279] It appears that practice is sufficiently established in this regard that there is no need for explicit mention in the instruments that the term "workers' representatives" is to be understood in the above sense..[280] [278] For example, C162, Art. 2 g), and C170, Art. 2 f), refer to the definition of workers’ representatives given in C135. [279] C135specifies further that “[w]here there exist in the same undertaking both trade union representatives and elected representatives, appropriate measures shall be taken, wherever necessary, to ensure that the existence of elected representatives is not used to undermine the position of the trade unions concerned or their representatives and to encourage cooperation on all relevant matters between the elected representatives and the trade unions concerned and their representatives” (Art. 5).    [280] See C161 (art. 1  b)); R171 (Para. 47) and R175 (Para. 2 e)) which do not refer to the definition contained in C135.
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