Within one of our branches we do not have a union recognition agreement. The union are insisting that they have over 80% membership, therefore would like us to draw up an agreement. Do we take their word that they have sufficient members to have a recognition agreement? Is there a way of checking this?

Thank you in advance

One way to check on union membership would be to see who is paying thier subs through the payroll system. This will give you an indication of the strength of their claim, but of course will not provide you with the full picture, as most would probably pay by check off - direct to the union.

It really depends on your relationship with the union. You could accept thier word and enter into discussion as regards a framework agreement. In this way you start the process off on a good footing and will help to establish a good working relationship.

However, if this is not the case you could force them, and your company down the formal route via the Central Arbitration Cmt (CAC). www.cac.gov.uk

This sets out a process by which both parties need to come to an agreement, and place strict time scales on both parties. Part of this would be for the union to prove that they have the required 10% of the workforce - and also what constitutes the work force or the barganining unit.

ACAS and the CAC are keen for parties to agree voluntary agreements rather than use the formal route, but if you doubt their claim or want to make it more formal then the CAC route may be your best option.

Adrian

Partnerships with unions can make significant contributions to employee productivity. However, union recognition is not necessarily in the best interests of all parties, and some might say that ACAS and other employers' advisory groups seem to be more comfortable assisting the parties to work amicably towards an accomodation than seemingly picking a fight with your most important asset. Surely a responsible employer should at least explain to those considering union recognition some of the pros and cons of having a third party joining the process of competing for success- or indeed survival. 

Key is to understand and be seen to address the critical concerns of an unhappy workforce. Specialist consulancies can advise on communications campaigns designed to force employees to contemplate the issues rather than sit back and dream of untold pay rises and copper bottomed job security.

Beware that such consultants may also take at least a pound of flesh in the process, but it has been proved  that an 80% expression of interest in joining a union can be "mitigated" to the rejection by that same workforce of the union's claim for recognition.  

Following on from Adrian's comments (Hi Adrian!) - you can ask your local Acas office to do a membership check for you.  That involves them having a senior Acas officer compare your staff list with the Trade Union's member list.  This is done independently of either of you and so there can be no accusation of bias.

I would recommend that you suggest this as the way forward - it is not a formal as going through the CAC and not as contentious as saying that you don't trust the TU.

Good luck!