Trade union recognition: how to apply to the CAC
How trade unions can get recognition for collective bargaining from the Central Arbitration Committee (CAC).
This process is available to independent trade unions which want to be recognised by companies or organisations employing at least 21 workers.
Make a request to the employer
Before you apply to the Central Arbitration Committee (CAC) you must write to the employer requesting recognition. Your letter must:
- give the name of the union
- describe the group of workers the union wants to represent (the bargaining unit)
- state that the request is made under Schedule A1 to the Trade Union and Labour Relations (Consolidation) Act 1992
The employer has 10 days to respond. If the employer offers to negotiate, there is a 20-day period to do this. If the employer fails to respond, or rejects your request, you can make an application to the CAC.
Union eligibility to make an application to the CAC
The union can apply to the CAC for recognition if it meets the qualifying conditions set out in the application form. There are a number of qualifying conditions you need to meet.
We will tell you and the employer the names of the CAC panel members who will be considering the application and the name of the case manager who will be your contact at the CAC.
CAC鈥檚 union application acceptance process
CAC will ask the employer to complete a response form which will be copied to you. The panel will then look at the information sent by you and the employer to decide if your application meets the qualifying conditions to continue.
The case manager will tell you if the panel needs any additional information and whether a hearing needs to take place. This process should be completed within 20 days of the date we receive your application. The panel will formally decide if your application has been accepted.
If your application is accepted, we鈥檒l proceed to the next stage in the process. If not, you may be in a position to resubmit your application.
Agreeing or deciding the bargaining unit
If you have already agreed the bargaining unit with the employer, there is no need to go through this stage.
If you haven鈥檛 agreed the bargaining unit, there is a 20-day period in which you can negotiate with the employer. and the CAC can assist with these negotiations.
If no agreement is reached the bargaining unit will be decided by the CAC at a hearing. You and the employer will be:
- given adequate notice of the hearing date
- invited to send us, before the hearing, a written statement of your case
We鈥檒l send you a written decision after the hearing.
If the bargaining unit is different from the unit you proposed in your request to the employer, we may need to reapply some of the tests. The case manager will write to you and the employer with full details of our requirements.
If your application has been accepted, you can ask CAC to appoint an independent agency (a 鈥楽uitable Independent Person鈥� or 鈥�SIP鈥�). The SIP can send, on your behalf, information to the workers in the bargaining unit. You must meet the SIP鈥檚 fee and any postage costs.
Ballot for union recognition
If the majority of workers in the bargaining unit aren鈥檛 members of the union we鈥檒l arrange a ballot for union recognition.
If the majority or workers in the bargaining unit are union members, we鈥檒l consider whether to declare recognition without a ballot . We鈥檒l take into account any views the employer might put forward.
We鈥檒l send you and the employer a written decision on whether a ballot will take place.
Ballot arrangements
A ballot can be held at the workplace, by post or by a combination of these 2 methods.
We鈥檒l ask for your views and the employer鈥檚 before deciding the type of ballot. Once we鈥檝e made that decision, we鈥檒l appoint an independent agency (known as a 鈥楺ualified Independent Person鈥�) to conduct the ballot.
We鈥檒l consult you and the employer about the arrangements. The cost of the ballot is split equally between you and the employer.
Before the ballot takes place, you and the employer will need to agree a way in which you can meet, and provide information to, the workers in the bargaining unit. If you鈥檙e unable to agree these access arrangements, they can be decided by the CAC. You can complain to the CAC if the employer does not give you access or does not fulfil any of its other responsibilities during the balloting period.
During the balloting period neither you nor the employer should use an unfair practice to influence the result of the ballot. You can also complain to the CAC that the other party is using an unfair practice.
The case manager will tell you and the employer the result of the ballot as soon as possible after it鈥檚 closed. If the ballot does not support recognition, you can鈥檛 make another application to the CAC for 3 years.
Agreeing bargaining machinery
If the ballot supports recognition, you鈥檒l need to agree with the employer a joint negotiating committee through which you will conduct collective bargaining. If you can鈥檛 agree this, Acas or the CAC can help you.
If there is still no agreement, you can apply to the CAC to decide what the arrangements should be. If we decide the arrangements, we have to take into account the statutory template .