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Chapter 5
Representativity
[ch 5: pages 117-118]Under the statutory recognition procedure, a sweetheart union can block an application for recognition by an independent trade union even though the sweetheart union does not genuinely represent members in the bargaining unit:
Mirror Group Newspapers decided to recognise the British Association of Journalists (BAJ) for collective bargaining on pay, holidays, and hours instead of the National Union of Journalists. This was even though BAJ had at most one member in the bargaining unit, whereas NUJ enjoyed considerable support among the workers. The NUJ’s recognition application failed because a pre-existing agreement was in place with the BAJ, even though the BAJ did not properly represent the bargaining unit.
NUJ v CAC [2005] IRLR 28