Spread of union recognition deals slows

Research published in February 2003 by the UK’s Trades Union Congress shows that union recognition by employers is continuing to increase, but that unions secured fewer recognition agreements in the 12 months to October 2002 than over the previous year.

In its latest annual survey of union recognition, published on 12 February 2003, the Trades Union Congress (TUC) reports that unions won 306 new union recognition agreements from employers from November 2001 to October 2002. This compares with 470 new recognition deals in the November 2000-October 2001 period (UK0202101N).

Twenty-four of the new deals over the most recent 12-month period came as a result of recognition awards made under the statutory trade union recognition provisions of the Employment Relations Act 1999 (UK0201171F), compared with 20 in November 2000-October 2001. The existence of the statutory procedure was also reported to have been an influential factor in the vast majority of cases where unions secured a voluntary recognition agreement.

The TUC estimates that, as result of the 306 new agreements, over 70,000 additional workers have been covered by collective bargaining arrangements.

The overwhelming majority of the voluntary agreements were for recognition covering at least pay, working hours and holidays (as provided for by the statutory scheme). Many covered other issues too, including:

• representation at grievance and disciplinary hearings (91%);

• training (62%);

• information and consultation (59%);

• equal rights (53%); and

• pensions (36%).

In the main, the statutory trade union recognition procedure is helping unions to organise recruitment and recognition campaigns, but new deals are clearly now becoming harder to achieve. The TUC says that 'anti-union employers are getting better at exploiting loopholes in the legislation to deny their employee union representation', but the TUC’s case for changes to the legislation (UK0211103N) has largely been rejected by the government (UK0303102N).

According to the TUC, the decline in the number of new recognition agreements signed is 'as predicted', compared with the previous year when unions were able to achieve 'easy wins' in workplaces with union members in the changed atmosphere immediately following the commencement of the recognition procedure. 'The going is getting tougher', argues the TUC, 'as deals with the more receptive employers have been done, leaving unions with the more resistant and obstructive ones to crack'. However, recognition deals are still running at twice the level they were prior to June 2000 when the legislation came into force.

At the financial services company AMP UK, Amicus secured a voluntary recognition agreement on behalf of 6,000 staff across the country. Other notable companies and organisations reaching voluntary recognition deals with unions included American Airlines, Boots, Meridian TV, the Church of Scotland, Greenpeace and Air New Zealand.

However, the majority of recognition agreements have been achieved in medium-sized and small businesses. According to the TUC, this provides 'strong backing' for its call to end the 'arbitrary exclusion' from the statutory procedure of firms with fewer than 21 employees. The survey '[provides] clear evidence that more and more workers in small businesses want a collective voice at work'.

Of the recognition deals reached as a result of the operation of the statutory procedure, the one covering the largest number of workers was between Kwik-Fit (car parts and repairs) and the Transport and General Workers’ Union. Nearly 600 workers in London won recognition following a ballot ordered by the Central Arbitration Committee in which over 90% voted in favour. Following the award of statutory recognition, a voluntary agreement was concluded covering 3,200 workers in over 600 Kwik-Fit sites across the UK.