Union recognition


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This is a basic extract from ACAS, the website is canny for further info but this should just about cover it

Statutory trade union recognition

Where do unions apply?
• An independent trade union may make an application to the Central Arbitration Committee (CAC) for recognition in organisations that employ at least 21 workers.

What requirements have to be met before the CAC can consider an application from a trade union?

• The trade union must first have made a formal application to the organisation concerned.
• The CAC is unable to accept an application if, following the request, the employer suggests that Acas should become involved and the trade union refuses or does not respond.
• The union must have at least 10 per cent membership and be likely to attract majority support in a ballot.
 
There must be at least 21 employees in the company. If your employer doesn’t agree to recognise a trade union, the trade union can apply to the Central Arbitration Committee (CAC) for recognition to be awarded for a particular bargaining unit (group of workers).

When the trade union applies to the CAC it will say what it thinks the bargaining unit should be. If the employer disagrees and no agreement can be reached, the CAC will decide what it should be.

The CAC will look at any applications against a number of criteria, many of which relate to the strength of support for recognition among the workers in the bargaining unit. For example, the CAC cannot proceed with an application if fewer than 10 per cent of those workers are members of the trade union.

If you are in the bargaining unit, the trade union can to write to you for support for their application, whether or not you are a trade union member.

If 50 per cent or fewer of workers in a bargaining unit are trade union members, the CAC will hold a secret ballot to find out how much support the trade union has. The CAC can only award recognition if:

•40 per cent of all the workers in the bargaining unit take part in the vote
•a majority of those vote 'yes'.
If a ballot is held, the trade union will be entitled to hold meetings with workers in the bargaining unit in the run-up to the ballot. You will be given the opportunity to vote, even if you are not a member of the trade union. The ballot may involve voting in the workplace or voting by post.

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