Statutory Recognition - Guide for the Parties on Part VI of Schedule A1
This guide is about derecognising a union who is not independent
Applies to England, Scotland and Wales
Introduction
Part VI of Schedule A1 of the Trade Union and Labour Relations (Consolidation) Act 1992 applies where a non-independent union is voluntarily recognised by the employer. If a non-independent union is so recognised, a worker or workers within the bargaining unit can apply to the CAC to have the bargaining arrangements ended. The worker(s) can be backed by a union(s) but applications from unions are not acceptable under the Schedule.
It should be noted that under Part VI, an application for derecognition can be made at any time. There is no requirement for the bargaining arrangements between the employer and the non-independent union to have been in place for three years.
Procedure
Stage 1 - Application to the CAC
1.1 The CAC will acknowledge receipt of an application for derecognition to the worker(s), the employer and the non-independent union.
Admissibility
1.2 The application must satisfy the following conditions:
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The application must be in the proper form; application forms are available from the CAC
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The application and supporting documents must have been copied to the employer and the non-independent union
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The application form must be signed by a worker in the bargaining unit. Equally the copies of the application to the employer and to the non independent union must be sent by the worker, rather than any union to which the worker may belong
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The union which is recognised must not have a certificate of independence
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If the union has applied to the Certification Officer for a certificate of independence, and the application is still under consideration with the Certification Officer, the application for derecognition is not admissible
1.3 Additionally, the CAC must decide - within ten working days - on the basis of evidence provided by the worker(s), the employer and the union that: * 10% of the workers in the bargaining unit favour an end to the bargaining arrangements and
- that a majority of the workers in the bargaining unit are likely to favour an end to the bargaining arrangements
The ten working day period may be extended by the CAC if it gives reasons to the parties for so doing.
1.4 If the CAC decides that the application is inadmissible, it must advise the worker, employer and the union of its decision. The procedure now ends, and the non-independent union remains recognised.
Stage 2 -Negotiation period
2.1 If the application is accepted, there is then a negotiation period of 20 working days, or longer by mutual consent, during which the CAC will help the worker, employer and the union to agree on either:
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ending the bargaining agreement or
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the worker(s) withdrawing the application for derecognition (see Schedule A1, paragraph 142)
2.2 If the non-independent union has made an application for independence to the Certification Officer before the date of the worker’s application for derecognition but the CAC becomes aware of the fact only after it has accepted the application for derecognition, then the work on the application for derecognition must be suspended until the Certification Officer makes a decision on the union’s application for independence.
2.3 If the Certification Officer subsequently issues a certificate of independence to the union, then the CAC must notify the worker(s), the employer and the union that it is satisfied that the union is independent. The application for derecognition will then be treated as having never been made. If on the other hand, the union’s application for a certificate of independence is unsuccessful, the original application for derecognition resumes and new negotiation period of 20 working days commences as at 2.1 above.
Stage 3 - Ballot on derecognition
3.1 If at the end of the new negotiation period no agreement is reached, the CAC must order a ballot. The ballot follows the same procedures and rules as apply under Part I of Schedule A1, guidance on this can be found in the CAC’s Statutory Recognition - Guide for the Parties (see Annex 1, Stage 7), except that the result is reversed. In other words, if a majority of those voting, and at least 40% of the workers in the bargaining unit, vote to end the bargaining arrangements, the CAC will declare that the bargaining arrangements cease to have effect.
3.2 If a certification of independence is issued before the CAC becomes aware of the ballot result, the CAC must notify all the parties that the application falls, and the union remains recognised.
Effect of derecognition
3.3 If the non-independent union is derecognised under this procedure, the employer may voluntarily re-recognise it for substantially the same bargaining unit. In that event, an independent union may make an application for recognition under Part I of the Schedule and put forward the argument that, under paragraph 35(4) of the Schedule, the CAC should ignore the agreement with the non-independent union (see Statutory Recognition - Guide to the Parties, Annex 1, Stage 3). If the CAC supports that argument and the independent union’s application for recognition is subsequently successful, then the independent union’s statutory recognition replaces the voluntary recognition of the non independent union (see Schedule A1, paragraph 148).