chapter 18 trade unions and collective bargaining

CHAPTER 18

Trade unions and collective

bargaining

Trade unions and collective bargaining

The Trade Union and Labour Relations Consolidation Act 1992 (TULRCA 1992) protects trade unionists from discrimination and offers trade unions several statutory rights.

A union must be independent and recognised in order to benefit from the legislation.

• Independence is decided by the Certification Officer.

• Recognition comes from the employer.


The Certification Officer decides if a trade union is entitled to a certificate of independence on the basis of financial and organisational autonomy.


Having established independence, a

union must be recognised by the

employer in order to enjoy statutory

rights.


There is a statutory recognition procedure set out in Schedule 1A TULRCA 1992.

• If the employer employs more than 21 workers, or has employed an average of more than 21 in the previous 13 weeks, and a majority are union members, then the union may seek recognition in writing.


• If union and employer agree on an appropriate bargaining unit and the union has the support of the majority of workers, the union is recognised.

• If they fail to agree, Schedule 1A sets out the procedure for arbitration . . .


• The union may apply to the Central Arbitration Committee (CAC) to decide

– on the appropriate bargaining unit

– on whether the union has the support of the majority of workers constituting the bargaining unit.

• The employers may ask ACAS to assist in negotiations


• Bargaining units– must be compatible with effective

management– must be compatible with existing

national and local units– must not be fragmented within an

organisation.


• Support for the union must be unequivocal and long-lasting.

• The CAC may decide to hold a ballot if they have any reason to doubt the circumstances in which employees became members or the length of time they have been members.


Once a union is recognised, employers must disclose information to the union for the purposes of collective bargaining.

• The duty to disclose extends to any information without which the union would be materially impeded from conducting negotiations with the employer.


The legal status of the arrangements made between the employer and the union has no bearing on the relationship between an employer and its workers.


A collective agreement is statutorily defined as any agreement or arrangement made by or on behalf of one or more trade unions and one or more employers or employers’ associations, which relates to one or more of the matters mentioned in section 178(2) TULRCA 1992.


A collective agreement is conclusively presumed not to have been intended by the parties to be a legally enforceable contract unless the agreement is in writing and contains a provision which states that the parties intend the agreement to be a legally enforceable contract, or the agreement has been specified by the CAC as a result of the statutory recognition procedures.


• The parties may declare that one or more parts only of an agreement are intended to be legally enforceable.


Section 137(1) TULRCA 1992 makes it unlawful to refuse employment to a person because he or she is or is not a member of a trade union.


Employees have the right not to be dismissed or subjected to a detriment for the purposes of preventing them from becoming a member or taking part in the activities of or using the services of a trade union or, conversely, for not wanting to be a member or take part in union activities.


chapter 18 trade unions and collective bargaining

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