Derecognition

Principles (paragraphs 96-98)
The Bill provides procedures for derecognition which are essentially a mirror image of the recognition procedures. An application for derecognition cannot be made within three years of recognition being granted. The procedure applies if recognition was ordered or the CAC determined the method of bargaining.

Fewer than 21 workers (paragraphs 99-103)
If there are fewer than 21 workers employed by the employer (including those with associated employers) more than three years after recognition was awarded, the employer can apply to the CAC to derecognise. The CAC must notify the union, who can challenge the employer's figures. If the CAC agrees that the number has fallen below 21, derecognition will be ordered.

Ballot (paragraphs 104-121)
Where three years have elapsed since an order for recognition, an employer may request that the union agrees to end recognition. If agreement is not reached on this, there is a procedure for the employer to apply for a ballot where the CAC is satisfied there is sufficient support for a ballot to make an application for derecognition worthwhile. An individual worker may make an application on the same basis.
Where the CAC is satisfied there is sufficient support, it will order a ballot. There are similar duties to co-operate and provide information and access. Derecognition will only be ordered where there is the support of the majority of those voting and 40% of those entitled to vote.

Automatic recognition (paragraphs 122-133)
Where recognition was granted under the automatic procedure on the grounds of majority membership, an employer will not be able to initiate a derecognition ballot where a majority of the bargaining unit remain in membership. If it does not, then 3 years or more after the original recognition, the employer may apply to initiate a derecognition ballot.

Non-independent unions (paragraphs 134-155)
Workers are able to apply for a ballot to derecognise a union which is recognised by an employer, but does not have a certificate of independence. An application under this procedure has to be done before an application for recognition by an independent union covering the same bargaining unit. There are special provisions when an independent union ceases to be certified as independent.

Detriment

And dismissal (paragraphs 156-165)
The provisions on protection against detriment and dismissal for recognition reasons are similar for those for other statutory rights

And recognition (Section 6 and schedule 1 paragraphs 156-165)
Under the new trade union recognition procedure workers are protected against dismissal or detriment for campaigning or voting for or against recognition. The contract of employment cannot override these rights, but the protection is confined to cases where the worker did not act unreasonably.

The legislation gives workers a right to make an emergency application for interim relief if dismissed on those grounds, adopting the same procedure as for dismissals on trade union grounds. Workers are also given protection against selection for redundancy on recognition grounds.