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Introduction to this document

Compulsory trade union recognition flow chart 2

 

This flow chart covers the steps involved when a compulsory recognition request is received and an application to the Central Arbitration Committee (CAC) is required because the parties have not reached agreement.

Other documents

 

See our Compulsory Trade Union Recognition Flowchart 1 for a flow chart covering the validity of a request for recognition and the initial procedure.

This is a complex area and the checklist is for general guidance only. Specialist advice should be taken where an application to the CAC is required.

 

Statutory recognition

The statutory recognition procedures apply to employers with 21 or more workers and to independent unions. Despite the existence of the statutory recognition procedures, relatively few unions have sought to make use of them, and it has been far more common for employers and unions to favour voluntary recognition. For unions, one key drawback of the statutory recognition procedure is that when a union has been recognised under it, collective bargaining is likely to take place around a much narrower set of issues. For employers, the statutory processes are complex and unwieldy. Many employers would prefer to agree with a union the terms of a voluntary recognition arrangement rather than have a heavily regulated statutory recognition arrangement imposed on them. If a voluntary agreement has been reached, use our Trade Union Recognition Agreement.