Third time lucky for statutory union recognition in the UK?

A third statutory trade union recognition procedure was introduced in the UK in 2000. This paper explores the scope for increased recognition, employers’ willingness to concede recognition, unions’ response to the procedure and, finally, the use of it so far. The paper concludes that, while the procedure may be sustainable in the long run, its direct impact on union membership and recognition may be minimal. The indirect effect, through voluntary recognition will be greater. But any reversal in union decline will ultimately be dependent upon successful union recruitment well beyond their conventional territories.     

British employer resistance to trade union recognition

Following the introduction of a statutory mechanism by which trade unions can gain recognition from employers, this article examines employers' attempts in Britain to resist campaigns for union recognition and to undermine newly granted recognition agreements. Using an array of primary and secondary sources, the extent and nature of these employer activities are documented. The article develops a revised schema, following Roy (1980), to help understand and interpret these anti‐union activities. While of significance in deterring and undermining new recognition agreements, these activities are found to represent a minority current in the overall response of employers to campaigns for union recognition.     

Union recognition in Britain's offshore oil and gas industry: implications of the Employment Relations Act 1999

The Employment Relations Act 1999 (ERA) has provided trade unions in the UK with new opportunities for achieving recognition. After a long history of anti‐unionism in the offshore oil and gas industry, employers have voluntarily ceded recognition to Trades Union Congress (TUC)‐affiliated trade unions. The legitimacy of this recognition process has been contested by the non‐TUC Offshore Industry Liaison Committee (OILC), an offshore workers’ union, seeking to act as a recognised bargaining agent. The ERA may be promoting ‘business friendly’ agreements at the expense of claims to recognition of other bargaining agents and of democratic employee choice.     

Facing ‘fairness at work’: union perception of employer opposition and response to union recognition

The introduction of statutory mechanisms by which unions can gain union recognition in Britain has stimulated employer activity to avoid and subvert union recognition campaigns. This article examines the nature and extent of such employer activities and how unions have responded.     

Union recognition and partnership at work: a new legitimacy for Irish trade unions?

In the Irish context of national partnership and the promotion of workplace partnership at firm level, unions might be expected to have achieved, at least, a pragmatic acceptance by employers. Using a survey of full‐time union officials in eight trade unions organising in the private sector, this paper reports their experiences of recent recognition campaigns. Employer opposition appears to have intensified, and in a substantial percentage of cases has involved the victimisation of activists. In facilitating employees to make a free choice regarding union representation, the Codes of Practice and the Industrial Relations Amendment Act 2001 are regarded by the majority of officials as inadequate. A majority of officials favoured the introduction of a statutory right to recognition. Non‐union firms appear as ‘free riders’ that have enjoyed the benefits of national partnership but evaded the compromises and concessions that necessarily characterise such agreements. If left unchecked, the free‐rider phenomenon could undermine the institutional framework on which partnership is based.     

Employer responses to union organising: patterns and effects

This article presents original research on employer responses to trade union organising campaigns in the United Kingdom. The evidence indicates that there is no single response, with employers in some cases seeking to block and in others support union activity. These different patterns are strongly path dependent and reflect the prior degree of exposure to trade unionism of workplaces targeted for organising. Another finding is that employer responses co-vary with union approaches to organising, such that when the employer adopts adversarial tactics so does the union. The militancy of both parties, it seems, is mutually reinforcing. Finally, the evidence points to substantial influence of employer responses over the outcomes of organising. When employers are supportive then campaigns tend to be more successful, measured on a range of criteria. When the employer is hostile unions find it difficult to make progress and encounter particular difficulties in securing recognition.     

Union exclusion—next steps

The Conservative Government has intensified its commitment to union exclusion policies: new legislation has been implemented and the state is being restructured. Parallel policies have been implemented by private employers. In consequence, collective bargaining has been devolved to subordinate unit level, and union recognition and membership has further declined.     

Ireland's conundrum on union bargaining rights: assessing the Industrial Relations Amendment Act 2015

Anglophone countries address the question of workplace-level union bargaining rights via the mechanism of statutory recognition. Existing literature has evaluated such regimes as underpinned by several weaknesses. In contrast, Ireland presents an unusual case whereby the question of bargaining rights is resolved via collective dispute resolution procedures combining voluntary and statutory provisions. However, employer challenges and civil court rulings resulted in the weakening of these procedures from a trade union perspective. We assess the latest attempts to reform the Irish provisions via the Industrial Relations (Amendment) Act 2015, evaluating the implications for unions and their capacity to represent members' on pay and working conditions in comparison to Anglophone statutory recognition regimes.     

The “I quit” syndrome

Managements, unions, and arbitrators have been plagued by a very simple but long-standing problem involving what might be termed a routine human resource action. The problem stated simply is: When is a quit a quit? Where employees are represented by a bargaining agent, the company cannot always be sure that a “quit is a quit.” It is clear that employers who do not understand the “I quit” syndrome are in an uncertain position with respect to handling such problems. The authors have also discovered that unions do not understand the “I quit” syndrome either and at times go to arbitration with all of its attendant costs when the employee has actually “quit.” The purposes of this article are to study how arbitrators have ruled, to establish the principles involved in this little-known area of union/management relations and to provide parties to such cases with information to guide them. Arbitrators have upheld grievances and reversed company actions often enough that there is a need to clarify what is a “quit” as well as a need to clarify what the rights are of both parties under the collective bargaining agreement. The authors found that many managements use the “I quit” syndrome as a substitute for disciplinary action. It is clear from arbitral decisions that it is best from the company point of view to allow the disciplinary system to handle problem employees. The authors also found that reasonable resignations by employees were upheld by arbitrators. If employers carefully handle and document employee resignations, the resignations will stand. Further, it is clear that employers must issue clear policy statements concerning resignations; this includes avoiding resignations under duress. Finally, parties to collective bargaining agreements need contract language defining a quit.     

Union organising and Full‐time Officers: acquiescence and resistance

In the mid‐1990s, the TUC relaunched itself with a strategy for renewal labelled ‘new unionism’. The strategy had two strands: partnership with employers and the promotion among affiliate unions of grassroots union organising. The latter, heavily influenced by US and Australian experience, saw possibilities for a more radical trade unionism in the UK. This article draws on a case study of Unison to analyse the organising strand of new unionism. It identifies how top‐down approaches to organising are distorted by union bureaucracy for the priority of recruitment, not only limiting the possibility of emerging union radicalisation but also restricting the ability of trade unions to represent their members. The article also identifies that the position of union Full‐time Officers is complex and not necessarily within a uniform union bureaucracy juxtaposed to and restraining a more radical union rank and file.     

The Limits of Statutory Trade Union Recognition

The paper assesses the prospects for Britain's new statutory trade union recognition procedure in the light of empirical evidence concerning union derecognition practice in the 1990s. It draws on 15 cases of union derecognition across a broad spread of employment, matched with comparable cases where recognition was retained. Inter alia it was found that a move towards more cooperative workplace arrangements, associated with a ‘partnership’ model of industrial relations, was common to employers in both categories. Against this background, we argue that it is far from clear that the current legislative strategy, in focusing on statutory recognition, is the best way of promoting partnership at work.     

Employee representation and partnership in the non‐union sector: a paradox of intention?

Non‐union forms of employee representation have become increasingly prominent in UK workplaces in the last 15 years. In addition, partnership working has been encouraged by New Labour, the Chartered Institute of Personnel and Development, the Confederation of British Industry and the TUC as a route to higher commitment and higher individual and organisational performance. These trends have been further encouraged by recent European Union legislation. This article seeks to examine the implied linkages between non‐union employee representative mechanisms and partnership working and their influence on the effectiveness of employee voice as a conduit of high performance. The article is based on a case study organisation from within the UK finance sector, and data are drawn from semi‐structured interviews with managers and staff and a survey of employee attitudes. The article concludes that employers’ attempts to utilise a non‐union partnership framework for organisational gain are severely constrained by structural limitations on effective employee voice.     

Rookes v. Barnard and the trade union question in British politics

In the 1950s, given the scope of the Trade Disputes Act 1906 that had granted immunity against specific torts (civil wrongs) to organisers of industrial action, the courts had little role in industrial relations. Hence, the importance of the House of Lords decision in 1964 that, in threatening to strike to secure Douglas Rookes's removal from the Heathrow design office of the British Overseas Aircraft Corporation after his resignation from the union, Alfred Barnard and others had used unlawful means because a threat to break a contract of employment came within the tort of intimidation that was unprotected by the Trade Disputes Act's statutory immunities, and thus, they were liable to pay damages to Rookes. The legal arguments deployed are analysed within growing unease in the Conservative Party and among employers at the emergence of workplace union organisation and national strikes. Despite being partially neutralised by the Trade Disputes Act 1965, Rookes was a harbinger of a new judicial activism that outflanked trade unions' tort immunities by creating novel common law liabilities. This in turn laid the political basis for subsequent Conservative legislation to restrict and regulate trade unions and industrial action, a project that is ongoing.     

Collective organisation in small‐ and medium‐sized enterprises – an application of mobilisation theory

This article draws on mobilisation theory to explain the presence and absence of collective organisation in small‐ and medium‐sized enterprises (SMEs). The analysis is based upon case studies of 11 UK SMEs reflecting variation in respect of employment size, industry sector, workforce composition, ownership and product/service market characteristics. It suggests that recently introduced statutory trade union recognition legislation and increased formalisation within some larger SMEs may provide the conditions for unionisation, although the presence and role of ‘key activists’ with union histories is critical to the process of gaining recognition and sustaining organisation. The nature of social relations in micro and small firms, however, inhibits the articulation of injustice. This is not least because the framing of grievances is a high‐risk strategy with a potential to shatter the informal social relationships upon which work is based, and this inhibits the identification of collective interests.     

Free riders: the rise of alternative unionism in Denmark

In this article we analyse some disturbing trends in the Danish labour market: while collective bargaining coverage is still relatively high, union density has been declining and—worse than that—there has been a substantial shift away from recognised and in favour of alternative unionism. The alternative unions are not parties to collective agreements, and they offer membership much cheaper than the recognised unions, in effect taking a free ride on the institutional supports that used to be effective only for the recognised unions. The article explains this conundrum by pointing to the political and institutional backgrounds to this development, which threatens to erode the very basis for the Danish collective bargaining system. On the background of general statistics and of a general employee survey, we point out the reasons behind the challenges confronting the recognised unions, pointing out that the recognised unions must become both more efficient in the member services and more cost efficient, if they wish to halt the present downhill trend.     

The long goodbye: new establishments and the fall of union voice in Britain

This paper argues that the secular decline in union voice in the UK cannot be fully explained without understanding the role of employers in choosing and modifying voice regimes. The paper presents a model of employee voice; the model assumes regimes are chosen by firms on the basis of positive net benefits, and that once adopted there are switching costs associated with changing regimes. The paper presents data from WERS, which is then analysed in terms of the model. We find a rise in voice regimes that do not include unions (i.e. the growth of so-called non-union voice) and a clear decline in voice regimes involving unions, particularly union-only voice. Ecological factors (i.e. new entrants and the demise of older workplaces) are primary in explaining the rise in non-union voice, whereas the shift to dual forms of voice (made up of union and non-union regimes side by side) was primarily the result of switches undertaken by union only workplaces as early as the 1950s.     

Union threat and non-union employment: A natural experiment on the use of temporary employment in British firms

This paper presents the first empirical evidence on the effect of the threat of unionisation on the use of a predominantly non-union type of employment, i.e. temporary employment. The identification strategy exploits an exogenous variation in union threat induced in the UK by new legislation enabling unions to obtain recognition even against the will of the management. The analysis finds no evidence of an effect on the probability that a firm employs fixed-term workers, and some weak evidence of a negative effect on the probability of using agency workers. Furthermore, estimates of the effect on the share of temporary employment are negative and statistically insignificant. Overall, therefore, there is no support for the hypothesis that firms under the threat of unionisation are more likely to use this type of non-union employment.     

Technology and collective agreements: some recent Scandinavian developments

New technology and its effects on work and employment has been a major issue in Scandinavia for several years. This article evaluates progress made between employers and trade unions subsequent to legislation passed in the 1970s concerning co-determination, the quality of working life and the work environment.     

Small firms and trades unions in services in the 1990s

With the decline in trade union membership it is essential that trade unions recruit employees in small firms in the service sector.* The theme of this article is whether unions can recruit in these firms. The interviews provide insights into the attitudes of employers and employees towards trade unions with possible policy implications.     

Unions and the adoption of high-performance work systems in Korea: moderating roles of firms' competitive strategies

An unresolved question about the relationship between union representation and the adoption of high-performance work systems (HPWSs) is which factors affect the roles of unions toward the HPWS adoption. Using data from a 2009 multi-industry survey of 301 Korean firms, the author empirically examines the impacts of unions on the adoption of HPWSs. From the strategic choice perspective, he focuses on the roles of firms’ competitive strategies regarding the unions’ behaviors toward the use of HPWSs. The results indicate that Korean unions are negatively associated with the adoption of HPWSs when employers choose to implement more comprehensive HPWSs. Evidence suggests, however, that employers’ differentiation strategies moderate the union's negative impacts even when the employers comprehensively use the HPWSs. It implies that the differentiation strategy is a key factor to resolve the conflicts between unions and employers concerning the adoption of HPWSs.