This report considers and advises on the legal and practical implications for the Company Board of Directors ("the Board") of the invitation for voluntary recognition as a Trade Union ("TU"). The relevant law applicable to TU recognition is the Trade Union and Labour Relations (Consolidation) Act (1992), The Employment Rights Act 1999, The Trade Union Recognition (Method of Collective Bargaining) Order 2000, The Employment Rights Act 2004 and the Code of Practice on Access during Recognition and De-recognition Ballots 2005 . Furthermore, the independent Advisory, Conciliation and Arbitration Service (ACAS) have also implemented codes of practice as aids to management of TU issues in the workplace. Although these codes are not mandatory, adherence to the principles of the codes are considered by the Central Arbitration Committee (CAC) in the event of a dispute between employers and unions . Accordingly, I will also consider the provisions of the codes in my advice to the Board.
[...] It is important to highlight that voluntary recognition agreements are based on the notion of trust and co-operation between employer and union and are not legally binding[15]. However, failure to negotiate again leaves the Board susceptible to statutory action where the CAC can impose a binding and specified method of bargaining[16]. This is clearly not an ideal position for the Board, however in order to work effectively (and to the maximum advantage of the Board whilst simultaneously addressing the requirements of the it would be good procedure and practice for the Board and the TU to agree at the outset procedural requirements of how collective bargaining will operate. [...]
[...] 1.8 REFERENCES LEGISLATION: Trade Union and Labour Relations (Consolidation) Act (1992) The Employment Rights Act 1999 The Trade Union Recognition (Method of Collective Bargaining) Order 2000 The Employment Rights Act 2004 and the Code of Practice on Access during Recognition and De-recognition Ballots 2005 All UK legislation at www.opsi.gov.uk and UK Statute Law Database at www.statutelaw.gov.uk CASE LAW UK Coal Mining Ltd v National Union of Mineworkers EAT/0397/06/RN and EAT/0141/07/RN Securicor Omega Express Ltd v GMB [2004] IRLR 9 R v British Coal Corporation and the Secretary of State for Trade and Industry, ex parte Vardy [1993] IRLR 104 Junk v Kuhnel (LGE Advisory Bulletin 497) 1.9 BIBLIOGRAPHY Gregory Gall, “Trade Union Recognition in Britain: Is a Corner Being Turned?” in the IRRA Proceedings 2005 of the 57th Annual Meeting/LERA Referred Papers available at www.press.uillinois/edu/journals/irra/proceedings2005/gall.html LRD/TUC. [...]
[...] Gregory Gall, “Trade Union Recognition in Britain: Is a Corner Being Turned?” in the IRRA Proceedings 2005 of the 57th Annual Meeting/LERA Referred Papers available at www.press.uillinois/edu/journals/irra/proceedings2005/gall.html See practice guidance note at www.businesslink.gov.uk and guidance on trade union recognition at www.acas.org.uk Schedule A1 of the Trade Union and Labour Relations (Consolidation) Act 1992 (enacted in the Employment Relations Act 1999 and amended by the Employment Rights Act 2004). Supra at note 6. Schedule A1 of the Trade Union and Labour Relations (Consolidation) Act 1992. [...]
[...] Furthermore, the CAC is guided by the Trade Union Recognition (Method of Collective Bargaining) Order 2000 through which it can impose on an employer and union, a legally binding method of conducting collective bargaining. Accordingly, even if a company doesn't want to get involved in bargaining it can be required to do so by the CAC. Clearly it is more advantageous for the Board to have flexibility of developing a strategy and having the flexibility of conducting negotiations on its own terms. [...]
[...] Schedule A1 of the Trade Union and Labour Relations (Consolidation) Act 1992, (inserted by the Employment Relations Act 1999 and subsequently amended by the Employment Relations Act 2004) sets out the statutory procedure for recognition of trade unions. Where an employer and TU fail to reach an agreement on recognition voluntarily, the statute provides for the TU to apply to the CAC to decide whether it should be recognised. In this scenario, the Board would then be subject to the authority of the CAC. [...]
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