Recognising a trade union - the issues

Statutory recognition of a trade union

Independent trade unions in a business employing 21 workers or more have the right to claim recognition for collective bargaining.

The first stage is to submit a written request to the employer, who has ten working days from the day of receipt, either to refuse it or start negotiations. A failure to reply counts as a refusal. If negotiations begin, the allowed period is 20 working days, though this can be extended by agreement.

The parties can approach Acas for help at any time. They can reach a voluntary agreement even after the statutory process has been started.

If agreement is achieved, the statutory procedure is finished.

Central Arbitration Committee

If an employer rejects the request or no agreement is reached, the union can apply to the Central Arbitration Committee (CAC).

To have its application accepted, it must show that 10 per cent of workers in the bargaining unit belong to the union with a majority likely to favour recognition.

If an application is accepted, the employer and the union have 20 days, which may be extended, to agree on the appropriate bargaining unit. If agreement cannot be reached, the CAC will decide.

The CAC then decides whether to make a declaration of recognition or hold a ballot of workers in the bargaining unit. It will make a declaration of recognition without a ballot if a majority of the workers in the bargaining unit are members of the union. Otherwise, it will call a ballot. The CAC may call a ballot where there is majority union membership in certain circumstances.

If a ballot is to be held, the CAC will appoint a Qualified Independent Person (QIP) to conduct it within 20 working days. The costs are split equally between employer and union.

The CAC informs both parties of the ballot result and consequences. The union needs the support of a majority of those voting and at least 40 per cent of those entitled to vote to achieve recognition.

The union must wait three years before making a new application if it fails.

Download a guide on statutory recognition at the CAC website (DOC).

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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