Employers: recognise a trade union
Establishing the bargaining unit
The ‘bargaining unit’ is the group of employees that will be represented by the union.
You can agree who is in this unit with the union as part of your negotiations. If you do not, the Central Arbitration Committee (CAC) will decide.
Providing information to the union and the CAC
If CAC accepts the union’s application for statutory recognition and you have not agreed on the bargaining unit with them, you must send CAC and the union:
- a list of the categories of employees who will be in the proposed bargaining unit, for example, technical and skilled but not managers
- a list of the places where they work
- the number of employees in each category at each workplace
You have 5 working days to send this from the date the application is accepted.
How the CAC decides on the bargaining unit
CAC will hold a hearing and decide the bargaining unit based on:
- your views and those of the union
- compatibility with effective management of your company
- existing national and bargaining arrangements
Work with a ‘suitable independent person’ (SIP)
When the bargaining unit has been agreed the union may ask CAC to appoint a SIP to communicate with employees in the bargaining unit. If this happens, you must give the SIP the names and addresses of:
- employees in the proposed bargaining unit
- any employees who join or leave the bargaining unit
If you do not provide this information, you’ll get a ‘remedial order’ from CAC. You must do what the order says or CAC could declare that you must recognise the union.
When the bargaining unit has been agreed or decided
CAC will decide if there needs to be a ballot of employees.