Respond to a trade union's request for compulsory recognition

Key points

  • Where an employer has refused voluntarily to recognise a trade union, the union can apply to the Central Arbitration Committee (CAC) to invoke the compulsory recognition procedure, provided that certain conditions are met.
  • The CAC will refuse to intervene unless the union can show that its application is valid and admissible, which involves meeting specified conditions. For the application to be admissible, the union must show, among other things, that at least 10% of the workers in the proposed bargaining unit are members of the union, and that a majority of all workers in the bargaining unit would be in favour of recognition.
  • Generally, if the CAC is satisfied that a majority of the workers in the bargaining unit are members of the union, it will issue a declaration that the union is recognised to conduct collective bargaining. In certain circumstances, the CAC will order that a ballot be held.

XpertHR resources