recognition agreements

Content

When drafting a recognition agreement, the company might consider including the following:

• Definitions.
  In order to make the agreement clear and easy to read, any terms that are used frequently, such as 'the Company' and 'the Union', should be defined at the outset.
• Aims.
  The agreement could open with a summary of its aims and the responsibilities that the employer and union have to make the relationship work.
• Extent of recognition.
  The agreement should state the purposes for which the employer recognises the union. If the company recognises the union for the purposes of bargaining, but only on certain aspects of employees' terms and conditions, the agreement should make clear which issues are covered.
• The bargaining unit.
  The employees that are covered by the agreement should be clearly defined. This could be done, for example, by reference to job title, or work location, or both.
• The union's representatives.
  The agreement should specify who will represent the union in its dealings with the company. Depending on the size and structure of the company and the number of employees involved, the company may wish to consider having a separate official for each section, shift, skill group or geographical location represented in the bargaining unit. The agreement could also state how the union will notify the company of the identity of its officials. It would be advisable for the union to confirm the identity of its officials periodically, after elections have taken place or on an annual basis.
• Facilities.
  If the company is prepared to provide facilities for union officials, such as the use of telephones, copying facilities or a noticeboard, the agreement could confirm what these are.
• Time off.
  The agreement could also cover how union officials' and members' requests for time off for union duties and activities will be handled. It would be advisable for these arrangements to reflect the guidance in the ACAS Code of Practice on time off for union duties and activities ( Collective bargaining links ). (The right to time off for union duties and activities is explained elsewhere in this Guide, (time off for union duties ), (time off for union activities ).)
• Recruitment.
  If the company is willing to promote union membership, the agreement could set out what arrangements the company will make to facilitate the union in recruiting new employees as members. The agreement should not, however, suggest that union membership will be required of new recruits, as union membership requirements are unlawful ( 'Check off' arrangements ).
• Check-off.
  Some employers are prepared to deduct union members' membership subscriptions from their pay and forward them to the union, perhaps in return for the union paying an administration fee. If that is the case, the agreement could confirm those 'check-off' arrangements (check-off arrangements).
• Procedure for negotiations.
  The agreement should outline the procedure for negotiations, including their timing and any further procedure for disclosure of information to the union. (The union's right to receive information for the purposes of negotiations is discussed elsewhere in this Guide (right to bargaining information).)
• Resolution of disputes.
  The agreement should contain some procedure for the resolution of disputes between the employer and the union (resolution of disputes).
• Review.
  It would be advisable for the agreement to provide for its contents to be reviewed once it has been in place for a year or so, so that both parties can consider whether any amendments are necessary.
• Termination.
  The agreement should specify what length of notice a party should give to terminate the agreement.