Union recognition in the UK

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Steven.'s picture
Steven.
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May 26 2012 13:24
Union recognition in the UK

Some questions came up on the IWW cleaners/UNISON thread about how union recognition works in the UK. So I have split the discussion here:

Juan Conatz wrote:
So as I understand it, in the UK, in a given workplace, workers can individually join any number of applicable unions, but management can choose which one it formally recognizes? And that the IWW Cleaners are not formally recognized, but still take action, which UNISON, as a formally recognized union, is annoyed by?
syndicalist wrote:
Sorry, I don't get this: "Well, UNISON is the recognised union and it maintain recognition regardless of membership"
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Steven.
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May 26 2012 13:29

Basically, the law is explained here:
http://www.direct.gov.uk/en/Employment/TradeUnions/Tradeunionsintheworkplace/DG_179204

So basically legally employers only have to recognise one union per bargaining unit. Although they can recognise more.

A bargaining unit can be for a whole employer, but in reality is often for a certain grade or set of grades of worker. For example, in universities you will have Unite and Unison recognised for people on support staff grades, and UCU recognised for lecturers.

Individual workers can join any union they want (or none), and get individual representation in grievances/disciplinaries. However only recognised unions get consulted on any changes or significant things like job cuts/contract changes etc.

What particularly anti-union employers can do is agree recognition with one proper scab union, then refuse recognition to any others (which they can do as they are only required to recognise one). This is what News International does to keep out the NUJ - even though the officially recognised union has hardly any members, and much more workers are in the NUJ.

It looks like this is close to the situation with the cleaners at St George's.

Is this clear to the American posters? Any questions feel free to ask!

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Joseph Kay
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May 26 2012 13:39

Related to this, do trade unions need to be recognised to organise lawful industrial action? This would suggest they can regardless, so long as they follow all the other procedures (postal ballot etc). Just wondering if this is the IWW's angle with the uni cleaners.

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syndicalist
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May 26 2012 16:52

Thanks Steven.

I realize I have a hard head, but a couple of things are still unclear.

The site states that:

Quote:
Gaining trade union recognition

A trade union can become recognised by making a voluntary agreement or following a statutory procedure involving the Central Arbitration Committee (CAC).

Voluntary recognition

If your employer does not recognise a trade union in your workplace, then a trade union can become recognised by making a voluntary agreement with your employer. This is the way most recognition arrangements in the UK are established.

How are these done? What is the first step in initiating this?I mean, how are voluntary agreemnts first reached? Doe union boss Joe call managment boss Jane and say: "Hey, let's get together for cocktails and sign an agreement"?

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Steven.
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May 27 2012 12:44
Joseph Kay wrote:
Related to this, do trade unions need to be recognised to organise lawful industrial action? This would suggest they can regardless, so long as they follow all the other procedures (postal ballot etc). Just wondering if this is the IWW's angle with the uni cleaners.

you are correct, unions don't have to be officially recognised to organise industrial action. As long as they follow the other procedures as you outline.

I'm quite curious here too - does the IWW intend to seek recognition?

syndicalist wrote:
Thanks Steven.

I realize I have a hard head, but a couple of things are still unclear.

The site states that:

Quote:
Gaining trade union recognition

A trade union can become recognised by making a voluntary agreement or following a statutory procedure involving the Central Arbitration Committee (CAC).

Voluntary recognition

If your employer does not recognise a trade union in your workplace, then a trade union can become recognised by making a voluntary agreement with your employer. This is the way most recognition arrangements in the UK are established.

How are these done? What is the first step in initiating this?I mean, how are voluntary agreemnts first reached? Doe union boss Joe call managment boss Jane and say: "Hey, let's get together for cocktails and sign an agreement"?

to illustrate a typical example I will use a recent example of my union recently gaining recognition with an outsourced contractor:

a few workers for the contractors were members already, including a shop steward, who wanted to organise. The branch supported him in trying to recruit more members and stewards, primarily around pay issues. When the union had a significant proportion in membership, the union branch contacted the contractors' management asking for recognition. They said no, then the workers said they were prepared to take industrial action over it (and an attached pay claim). Then the employers "voluntarily" granted recognition - by which point the union had 70% density.

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Joseph Kay
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May 27 2012 12:54
Steven. wrote:
you are correct, unions don't have to be officially recognised to organise industrial action. As long as they follow the other procedures as you outline.

There seems to be an interesting niche there for the IWW to approach groups of workers who are being denied ballots (Unison spring to mind), sign them up for minimal subs on the promise of unobstructed ballots. Which is what I'm assuming their approach is, rather than statutory recognition (which can be blocked by existing recognised unions, or by the employer recognising a scab union a la News International). I suspect it's a growth market so to speak, given the increasing attacks on T&Cs and general unwillingness of TUC unions to authorise ballots.