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Recognising a trade union - the issuesMeaning and types of trade union recognitionA trade union is said to be recognised when an employer consents to negotiate with it on pay and working conditions for a particular group of workers. This is known as collective bargaining, with the relevant workforce referred to as the bargaining unit. A union can use voluntary means to gain recognition. This is the most common form of trade union recognition. In practice this means the union contacts the employer without using any legal procedures. Acas is an independent public body that can provide impartial information and advice on a variety of trade union and associated issues and can fulfil a supportive role if both parties agree. Alternatively, a trade union can make an application for statutory recognition. This only applies where the employer, together with any associated employers, employs 21 workers or more. Note that there can be voluntary agreements even after the union has triggered the statutory process - see the page in this guide on voluntary recognition within the statutory procedure. For statutory recognition, the union must apply to the Central Arbitration Committee (CAC), an independent public body. A panel of CAC members decides on applications under this process. As well as an independent chair, each panel contains one member with experience of being an employer representative and one member with experience of being a workforce representative. Only independent trade unions can make a claim for statutory recognition. An independent trade union is defined as a trade union that is not under the control or domination of an employer and is financially independent from the employer. Businesses often benefit from an efficient negotiating system with recognised trade unions, besides gaining the "added value" of external knowledge. Subjects covered in this guide
Source - Business Link; Crown Copyright. |
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