Trade union recognition

* A union with only one member can be used to bar an application for recognition from a union with majority membership (case 1).

* Collective bargaining is not an essential element of a recognition agreement (case 2).

Case 1: The facts

The NUJ journalists' union sought recognition in a unit where it had a significant number of members. The company instead recognised the British Association of Journalists (BAJ), which had just one member at most.

The NUJ applied to the Central Arbitration Committee (CAC) for recognition, arguing that there was no agreement in force with the BAJ - the BAJ had not used the agreement to negotiate terms and conditions - and that the BAJ was not acting on the workers' behalf because it did not have their consent.

The ruling

The High Court rejected the NUJ's application. It held that a recognition agreement is in force the moment it is signed, and that a union can act "on behalf of" workers without needing their consent.

NUJ v CAC [2005] IRLR 28

Case 2: The facts

The T&G applied to the CAC for statutory recognition. The employer pointed out that a "partnership" agreement had been concluded with another union, although this did not cover pay bargaining.

The ruling

The CAC held that pay bargaining is not an essential element of a recognition agreement, so the existing partnership agreement blocked the T&G's recognition application.

T&G v Asda [2004] IRLR 836