CHAPTER 18 Trade unions and collective bargaining

1. CHAPTER 18 Trade unions and collective bargaining

2. 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.

3. Trade unions and collective bargaining A union must be independentand recognisedin order to benefit from the legislation. • Independence is decided by the Certification Officer. • Recognition comes from the employer.

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

5. Trade unions and collective bargaining Having established independence, a union must be recognised by the employer in order to enjoy statutory rights.

6. Trade unions and collective bargaining 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.

7. Trade unions and collective bargaining • 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 . . .

8. Trade unions and collective bargaining • 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

9. Trade unions and collective bargaining • Bargaining units • must be compatible with effective management • must be compatible with existing national and local units • must not be fragmented within an organisation.

10. Trade unions and collective bargaining • 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.

11. Trade unions and collective bargaining 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.

12. Trade unions and collective bargaining 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.

13. Trade unions and collective bargaining 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.

14. Trade unions and collective bargaining 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.

15. Trade unions and collective bargaining • The parties may declare that one or more parts only of an agreement are intended to be legally enforceable.

16. Trade unions and collective bargaining 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.

17. Trade unions and collective bargaining 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.