Statutory derecognition of a trade union owing to lack of support for bargaining arrangements

You can, at any time, make a request to a recognised trade union to end collective bargaining arrangements on the grounds that the union no longer has the support of the bargaining unit. The union can decline the request.

However, if the union declines a request after three years of statutory recognition, you can apply to the Industrial Court to hold a secret ballot.

Similarly, where a worker believes that their union no longer has the support of the bargaining unit, they can apply to the Industrial Court to hold a secret ballot - but only after three years of statutory recognition.

Your request to the union for derecognition

To be valid, your request must:

• be in writing
• be received by the union
• identify the bargaining arrangements
• state that the request is made under Schedule 1A of the Trade Union and Labour Relations (Northern Ireland) Order 1995

Once the union receives your request, the union has ten working days to respond, starting with the day after the union receives your request.

If, before the end of the ten-day period, the union agrees to end the bargaining arrangement, the matter ends there.

If the union either fails to respond to your request or, before the end of the ten-day period, tells you that it doesn't accept your request (and does not indicate a willingness to negotiate), you may apply to the Industrial Court for the holding of a secret ballot to decide whether or not collective bargaining should end.

If - before the end of the ten-day period - the union tells you that it doesn't accept your request but is willing to negotiate, you and the union (the parties) have 20 working days - starting with the working day immediately following the end of the ten-day period - to negotiate with a view to agreeing to end the bargaining arrangements.

During this 20-day period, the parties may request the assistance of the LRA in their negotiations. The parties can agree to extend this period as required.

Your application to the Industrial Court

If the parties fail to reach an agreement, you may apply to the Industrial Court for the holding of a secret ballot to decide whether or not the bargaining arrangements should end.

The Industrial Court will only accept your ballot application if:

• it is made in the proper form
• you have copied the application and any supporting documents to the union
• at least 10% of the workers in the bargaining unit favour derecognition
• a majority of the workers in the bargaining unit are likely to favour derecognition
• there hasn't been a previous application for an end to the bargaining arrangements in the last three years

The Industrial Court's decision following your application

Starting with the day after that on which it receives your application, the Industrial Court normally has ten working days in which to decide whether or not:

• your request to the union is valid
• you negotiated properly with the union if you were required to do so
• your application to the Industrial Court is admissible

If the Industrial Court decides that you have failed to meet any or all of these requirements, it will not accept the application, and the issue ends there.

If the Industrial Court decides that you have met all of these requirements, it will accept your application and arrange for the holding of a secret ballot - see statutory derecognition of a trade union - derecognition ballots.

In reaching its decision, the Industrial Court panel may, where it considers it appropriate, convene a hearing. The parties will be invited to attend and present evidence to the panel.

A worker's application to the Industrial Court

Where a worker believes that their union no longer has the support of the bargaining unit, they can apply to the Industrial Court to hold a secret ballot to determine whether or not collective bargaining arrangements should end.

A worker can only make such an application after three years of statutory recognition. However, unlike employers, they do not need to first make a request to the union (or even the employer) to end bargaining arrangements.

The Industrial Court will only accept the worker's ballot application if:

• it is made in the proper form
• they have copied the application and any supporting documents to both you and the union
• at least 10% of the workers in the bargaining unit favour derecognition
• a majority of the workers in the bargaining unit are likely to favour derecognition
• there hasn't been a previous application for an end to the bargaining arrangements in the last three years

The Industrial Court's decision following the worker's application

Starting with the day after that on which it receives the worker's application, the Industrial Court normally has ten working days in which to decide whether or not the worker's application to the Industrial Court is admissible.

If the Industrial Court decides that the worker's application is not admissible, it won't accept the application, and the issue ends there.

If the Industrial Court decides that the worker's application is admissible, it will accept the application. The Industrial Court will then give notice of this acceptance decision to you, the worker and the union.

In reaching its decision, the Industrial Court panel may, where it considers it appropriate, convene a hearing. The parties will be invited to attend and present evidence to the panel.

The consequences of the Industrial Court accepting the worker's application

Where the Industrial Court accepts a worker's application, it normally has 20 working days - starting with the day after the Industrial Court gives notice that it has accepted the application - to help you, the union and the worker negotiate with a view to either agreeing that the worker will withdraw the application, or reaching an agreement that the parties will end the bargaining arrangements.

If, in the 20-day period, the parties agree to end the bargaining arrangements or the worker agrees to withdraw the application, the Industrial Court will cease its considerations.

If the parties fail to reach an agreement in the 20-day period, the Industrial Court must arrange for the holding of a secret ballot - see statutory derecognition of a trade union - derecognition ballots.