Initial threshold of support

[ch 5: pages 149-150]

An application to the CAC for statutory recognition can only be accepted as valid if the union can show:

• that it has at least 10% of the bargaining unit in membership; and

• that a majority of workers in the unit are likely to favour recognition.

The union must give the CAC evidence that it can fulfil both conditions. This usually consists of its own membership records and letters, petitions and other evidence showing that majority support is likely. The employer may provide conflicting evidence, challenging the union’s case. A CAC case manager will conduct an independent check on the level of membership and support in the bargaining unit.

Once an application has been accepted, the union can ask the CAC to appoint a Suitable Independent Person (SIP) through whom the union can contact workers in the bargaining unit up until the ballot.

The employer can be asked to supply additional information to the CAC about the workers in the proposed bargaining unit. Failure to supply this information when asked can lead to an order imposing recognition without a ballot (see, for example, GMB v Careline Lifestyles (UK) Limited TURI/1069/2018).