Lawyers give cautious optimism on recognition

Over 100 delegates attended last month's Labour Research Department (LRD) conference "Winning recognition - using the new law" to hear about the opportunities and potential pitfalls of the new legislation.

Employment law barrister Jennifer Eady, professor of public law Keith Ewing and TUC legal officer Sarah Veale were all convinced that the law was a major step forward for unions but stressed the potential difficulties that lay ahead.

Jennifer Eady considered the various ways employers were shaping up in response to the law. She argued that those who thought that they would not be affected by it or would simply refuse to recognise would be in for a rude awakening. However, the more difficult employers were those already planning their tactics by talking to staff associations or "friendly" unions or campaigning among individual employees to undermine union attempts to win people over.

Keith Ewing looked at the ways employers would try to use the legislation to thwart recognition claims, for example, by arguing over the definition of the "bargaining unit". He was in no doubt that, in using the legislation, "some organisations will triumph while some will be frustrated."

Sarah Veale said the TUC was particularly concerned to ensure that unions worked together and didn't jump in to apply for recognition where another union had been active in campaigning for recognition.

Tony Burke, deputy general secretary of the GPMU print and media union and chair of the TUC's New Unionism Task Group, ended the morning session on a more upbeat note. He said that the new emphasis on organising adopted by many unions and the work done by trainees from the TUC's Organising Academy was already producing results. Burke revealed that TUC Academy organisers had helped achieve "37 successful recognition campaigns with 97 other cases where recognition is in reach."

In the afternoon session four speakers talked in more detail about the specifics of recognition campaigns. Ed Blissett, regional senior organiser with the GMB general union outlined some of his experiences in dealing with difficult employers. At one plant the employer refused Blissett entry to address a meeting in the works canteen and so he was smuggled in in the boot of a car.

Kevan Parker, regional organiser with the AEEU electrical and engineering union, on the other hand, managed to achieve a deal where there were virtually no members. Mion Electronics is the subsidiary of a firm which recognises the AEEU in all its other operations. Eventually the union got the company to agree to recognition at Mion and then used this to build up membership levels and an effective shop steward organisation at the plant.

Steven Weeks, national officer with public services union UNISON, ran through some of the tactics the union was using in responding to employers in the voluntary sector, some of whom took the view that they were just voluntary organisations who happened to employ a few people and so didn't really see the need for unions.

Rounding up the day was Iftakar Ul-Haq, a T&G general union rep at Pricecheck stores in London where the union won recognition after a lengthy campaign and despite attempts by the employer to intimidate or buy off activists. He made it clear that the law could be useful in some circumstances but in the case of Pricecheck the difference was made by the determination of the union members and the support of the T&G and the wider union movement.