The Central Arbitration Committee (CAC) has published its annual
report for 2011/12, which shows that, during the year ending 31 March 2012,
there were 43 applications made to the CAC for trade union recognition,
which is a significant increase from the 28 applications made in the previous
The CAC report notes that this is a return to the level of applications for trade union recognition from two years ago, when there were 42 applications. In its 2010/11 report, the CAC attributed the unusually low numbers that year in part to trade unions taking great care to ensure that their applications are not rejected at the preliminary stage, and in part to a greater willingness on the part of the parties to reach an agreement.
There were no new applications for trade union derecognition. The one outstanding derecognition case that concluded during the year did not successfully pass the acceptance stage as there was "insufficient evidence of support for the cessation of the bargaining arrangements". The report makes the point that the CAC is "an evidence-based body and relies on sustainable evidence from the parties", whether the issue at stake is recognition or derecognition.
In 2011/12, the proportion of applications for trade union recognition involving employers with fewer than 200 workers was 45%, almost identical to the 46% in 2010/11. The average size of a bargaining unit in 2011/12 was 261 workers, compared with 87 in 2010/11. However, the CAC notes that the increase in the average was heavily influenced by a few applications in which the bargaining unit was very large, including one in which the bargaining unit had over 5,000 workers. About two-thirds of the applications involved a bargaining unit of fewer than 100 workers. The manufacturing, transport and communication sectors represented 58% of the applications. Applications were received from 10 trade unions.
The CAC also says that complaints to it about breaches of the Information and Consultation of Employees Regulations 2004 (SI 2004/3426) continue to make a "modest" contribution to its workload. The CAC received just four fresh complaints under these Regulations. Three of the four cases were closed during the year, two by way of CAC decisions and one withdrawn.
Trade union recognition procedure and Trade union derecognition procedure Use these model procedures to recognise or derecognise a trade union for collective bargaining purposes.
How to handle the statutory recognition procedure and How to deal with trade union derecognition The XpertHR "how to" section explains how to go about recognising and derecognising trade unions.