How does a union get trade union recognition?
There are two ways in which a trade union may seek recognition:
- By voluntary agreement from the employer; or
- By the statutory procedure laid out in the Employment Relations Act 1999.
The statutory procedure involves an application to CAC, which decides whether to grant the trade union recognition or not. CAC uses various tests when making its decision including levels of membership within your organisation and ballot results.
The rules are complex and strict timetables govern these applications. However, as long as the rules are followed, the final decision on whether to recognise a trade union will rest with the CAC and the matter is, for the most part, taken out of an employer’s hands.
As such, it is often better for employers to reach agreement voluntarily rather than having the CAC impose an outcome against its wishes. Voluntary trade union recognition gives an employer more control over important decisions such as which group of employees should constitute a bargaining unit and what decisions they can consult in.
How can Collyer Bristow help with trade union recognition?
Work with us, and we will make sure that your trade union recognition agreement is well balanced and does not unduly restrict your commercial operations.
As well as voluntary trade union recognition agreements, we can support your CAC applications, threats of industrial action and terminating trade union recognition. Talk to us about your needs.