High court overturns union ruling

first_img Comments are closed. Previous Article Next Article Related posts:No related photos. High court overturns union rulingOn 1 Apr 2002 in Personnel Today Employers are likely to find it harder to defend union demands forrecognition following a decision from the Court of Appeal on the role of theCentral Arbitration Committee in disputes. In a case involving union recognition at the London divisions of Kwik-Fit,the Court of Appeal held that in cases disputing the appropriate bargainingunit, everything turns upon the union’s request and the case it puts forward tothe CAC. The CAC’s duty is to consider whether the bargaining unit put forwardby the union is appropriate. In determining this, the CAC can considerarguments put forward by the employer, but it is not obliged to take on abalancing exercise to weigh up competing proposals. The ruling overturned the High Court’s decision in the judicial review ofthe CAC’s award of union recognition to the TGWU in the two London divisions ofKwik-Fit. The High Court said that the CAC had wide discretion to decide themost appropriate bargaining unit and that the union’s proposal need have nomore weight than any other proposals. “This decision is all the more reason for employers to get it right inthe first place before the CAC,” said David Morgan, employment solicitorat McGrigor Donald. last_img

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