Recognising a trade union - the issues

Voluntary recognition within the statutory procedure

A union may withdraw its request for statutory recognition because it has come to a voluntary agreement with the employer. This must happen before the Central Arbitration Committee (CAC) either makes a declaration that the union is entitled to recognition without a ballot, or arranges a recognition ballot.

This type of agreement is known as an agreement for recognition or semi-voluntary agreement. It is separate from voluntary agreements made outside the statutory procedure.

An agreement for recognition can only be made if the union's request to the employer was valid.

Once an agreement for recognition has been reached, both parties must enter into negotiations on collective bargaining arrangements. If they can't agree on appropriate method, either party may apply to the CAC for help.

If both the employer and the union still fail to reach agreement, the CAC will impose a method for collective bargaining.

In order to qualify as an agreement for recognition, the agreement must be made before the CAC, who will then either make a declaration that the union is entitled to recognition without a ballot, or arrange a recognition ballot.

Length of recognition

Once an agreement for recognition is made the union may terminate it at any time, unless an agreement to the contrary had previously been made with the employer. The employer may not terminate it for a period of three years.

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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