Recognising a trade union - the issues

Grounds and procedure for statutory derecognition

If a union has statutory recognition certain procedures have to be followed for it to be derecognised.

There are two main grounds for derecognition:

• the employer no longer has a workforce of 21 or more workers
• the union no longer has enough support from workers in the bargaining unit - the group of workers the union represents

Only an employer can apply to the Central Arbitration Committee (CAC) on the first ground. Either the employer or a worker from the bargaining unit can apply on the second ground.

In the event the employer claims to employ fewer than 21 workers they must send a notice to the union, copied to the CAC, stating that they wish to derecognise the union. Should the CAC give notice that the employer's notice is valid, the union has ten working days to dispute the notice. Should it fail to do so, the agreed bargaining arrangements will be regarded as no longer valid.

In other circumstances, once the union and the employer have been given the opportunity to state their views, the CAC will decide whether the employer does in fact employ fewer than 21 workers and therefore whether the union should be derecognised.

In any application for derecognition on lack of support grounds, a ballot must be held.

If a majority of those voting and at least 40 per cent of those entitled to vote favour derecognition, the CAC will rule that the collective bargaining arrangements are to cease. If the result of the ballot does not favour derecognition, the CAC must declare that the union continues to be recognised.

The statutory procedure also contains rules setting out what should happen if a union loses its independent status or if the bargaining unit changes or ceases to exist.

Subjects covered in this guide

• Introduction
• Meaning and types of trade union recognition
• Voluntary recognition of a trade union
• Statutory recognition of a trade union
• Legal consequences of statutory recognition
• Voluntary recognition within the statutory procedure
• Grounds and procedure for statutory derecognition
• Procedure where original bargaining unit is no longer appropriate
• Worker rights during recognition or derecognition

 

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