The TUC argues
A union should be recognised for collective bargaining by an employer when a simple
majority of those voting in a ballot vote ‘yes’
Disagreements about ‘the bargaining unit’ who should be included in the group
of workers to be balloted should be resolved by a new Independent Representation Agency.
Recognition should be widely defined. It should cover the right to bargain over pay,
hours, conditions of employment, training, holiday entitlements and other issues.
All employers should be covered. Small companies are often amongst the worst employers.
There should be no exemptions.
Industrial action to secure recognition should be protected by law after a ballot. Those
dismissed should be eligible for reinstatement
The CBI argues:
The employer should decide which workers are to be balloted. There should be support
from at least 30 per cent of workers in the proposed bargaining unit before a recognition
ballot is held.
Companies with fewer than 50 workers should be excluded from the legislation
Unions should be recognised only if more than 50 per cent of workers eligible to
vote, vote for recognition in the ballot
Recognition should only cover bargaining over wages and hours - not issues like training
Strikes over recognition should be barred once a statutory procedure is in place
Employers should still have the right to negotiate with individual workers and secure a
derecognition ballot if 30 per cent of the relevant workers favour this
The debate over recognition legislation has obscured many important details. For
example, if recognition legislation is to have any impact unions need
Clear cut rights of access to non-union workplaces, facilities to discuss with
prospective members and protection against victimisation.
Strong powers of enforcement so that if employers refuse to abide by the law and
bargain in good faith action is speedy and punitive and includes sequestration of assets.
The last time we had recognition rights in Britain - between 1975 and 1980 - they achieved
very little. The powers of ACAS the body charged with supervising the recognition process
were successfully undermined by the courts.
We need a law on recognition. We need to pay attention to its detail. But we need to
remember that legal rights to recognition are a means of building independent workers
power in the enterprise. They are not a substitute for it.