Statutory Trade Union Recognition

The Procedure

a) The first step

• An independent trade union (or two or more unions acting together) will write to the employer to make a formal application for recognition.
• It will state that it believes it has the support of a group of workers whom it wishes to represent. This group is referred to as the "bargaining unit".
• The employer has 10 days to respond

b) If the employer agrees to recognition

• If the employer agrees to recognise the union in respect of the particular group of workers, the next step is to decide what the bargaining powers should cover.
• Bargaining covers such matters such as pay, conditions of service, etc.

c) If the employer disagrees

• If the employer is unhappy with the proposal, but is willing to negotiate, both parties have 20 days to try and reach an agreement. ACAS (Advisory, Conciliation and Arbitration Service) may be called upon to help with the negotiations.
• If the employer fails to respond or rejects the application outright, or if no agreement is reached after negotiating, the union may turn to the CAC for assistance.

d) The 10% test

• The CAC has to decide whether there is evidence to suggest that the union is right in believing that a majority of the bargaining unit it proposes would be in favour of recognition.
• The union has to prove that 10% or more of the proposed bargaining unit are members of the union.
• The union has to provide evidence of support, such as membership records or a petition signed by a sufficient number of employees.
• The employer is also allowed to submit evidence of union support, for example, if union membership fees are paid by payroll deductions.

e) Deciding on the Bargaining Unit

• If the union passes the 10% test but agreement still cannot be reached on the appropriate bargaining unit, then the CAC will step in.
• The CAC will then decide what the appropriate bargaining unit will be, bearing in mind the views of the employer and the union, and whether the unit is compatible for effective management of the business.
• If the CAC decides that the bargaining unit should be different from the one originally proposed, then the 10% test has to be applied again.

f) The 50% test

• If agreement is reached at this stage the CAC issues a declaration that the union is recognised for this bargaining unit.
• If the employer disagrees, then the CAC will still issue a declaration of recognition if 50% of the unit are members of the trade union in question.
• If the employer can prove that a majority of members of the unit do not want recognition, the CAC will arrange a secret ballot of the proposed bargaining unit, to be conducted by an independent body.
• The cost of the ballot will be shared between employer and union.
• Employees campaigning for the ballot will be protected
• The employer has to grant the union reasonable access to the employees to be balloted.

g) The outcome

• The CAC will award recognition if it is supported by:
  i) a majority of those voting; and
  ii) at least 40% of workers entitled to vote
• In the case of the union failing to achieve recognition, it will not be able to apply again for three years