Organising for Recognition — Union Strategies

Abstract

Having illustrated the way employers can intervene in the statutory process to defeat recognition claims, this chapter considers union strategies and behaviour. It explores the extent to which these have been shaped or modified in the light of the statutory procedure and its operation, drawing upon two surveys of unions conducted in 2000 and 2010. In particular this chapter considers how far the decline in applications to the CAC may reflect unions’ increased reluctance to use the procedure and a greater reliance on the voluntary route, and/or their limited capacity to generate new claims. To shed light upon this the chapter focuses upon the factors underpinning workplace mobilisation through seven case studies of union campaigns for recognition, in which ballots were held under the statutory procedure. It looks at the factors that give rise to unionisation, but also that then predict success or failure in ballots through the procedure, and, in the light of the previous chapter, the interaction of employer and union strategies prior to and during the ballot period. It also considers how far union mobilisation at the workplace converges with national union organising strategies and possible tensions between an organic and bureacratic response. The chapter explores how far union organising, in the context of the legislation, has continued to generate voluntary recognition, suggesting that there is reduced evidence of this and pointing to the limits of voluntarism.

[The union] has utilised the statutory recognition procedure wherever necessary, however our preference remains to organise and build membership and an activist base and then approach the employer using the voluntary route. Failing this we then move towards applying the statutory methodology in our approach to organising i.e. getting the necessary membership data up to date, demonstrating that the ‘majority’ of staff are in favour of [the union] representing them for the purposes of collective bargaining, which we submit as supporting evidence with the CAC application. The statutory procedure has given us an avenue into the more hostile private sector companies whilst providing us with additional leverage to win recognition where a voluntary agreement has failed. However [the union] are mindful of the resources (including full time organising staff resources) time, cost, membership/activist support and accuracy involved in using the statuary procedure. (Union respondent, public services union)