Employers: recognise a trade union

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Ballot on union recognition

Your employees will be balloted about whether they want the union to be recognised if the majority of employees in the bargaining unit are not members of the union.

The Central Arbitration Committee (CAC) may hold a ballot even if the majority of your employees are union members but they believe any of the following:

  • it’ll help maintain good relations between you and your employees
  • there’s evidence that a significant number of union members in the bargaining unit do not want the union to represent them
  • there are concerns about why some members joined the union, for example, they were pressured

CAC will ask for your views and the union’s on these issues.

Before the ballot

You’ll get a letter telling you whether there’ll be a ballot. A ballot can be held at the workplace, by post or both. CAC will ask for your views and the union’s before they decide what kind of ballot to hold.

The union has 10 days to withdraw its application. If it does not, CAC will appoint a qualified independent person (QIP) to run the ballot.

The ballot will usually be held within 20 working days of the QIP being appointed.

Your responsibilities

The cost of the ballot is split equally between you and the union.

You must:

  • make sure the union can talk to employees in the bargaining unit - for example, allow them to hold meetings without you
  • give CAC a list of names and addresses of employees in the bargaining unit - and update it when people join or leave
  • not ask employees to miss meetings, unless it’s absolutely necessary
  • not threaten or take any action against a worker because they attended a meeting

The union can complain to CAC if they think you have not co-operated.

After the ballot

You’ll usually find out the result of the vote 48 hours after the ballot closes.

CAC will declare the union is recognised if both:

  • the majority of employees in the ballot vote to recognise the union
  • at least 40% of the employees in the bargaining unit vote to recognise the union

If CAC declares the union is recognised

You must work with the union and work out how to collectively bargain on:

  • pay
  • hours
  • holiday entitlement

If CAC does not declare the union is recognised

The union will not be able to apply for statutory recognition for 3 years, but you can still recognise them voluntarily.

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