The beginnings of social dialogue

After indications from the Government that a White Paper on trade union recognition may be forthcoming in autumn 1997, the TUC and CBI are eager to agree the key issues which might form the basis of the paper

One of the Labour Party' s manifesto commitments (UK9704125F) was to introduce a statutory procedure to allow trade unions to achieve recognition for the purposes of collective bargaining where they can demonstrate majority support. Such a procedure, which was a feature from 1971 until its abolition by the Conservative Government in 1980, has come to be regarded as especially important in a country without wider legislative support for collective bargaining through sectoral agreements.

Introducing such a recognition procedure is no easy matter, however. The details are especially important; an inability to answer questions about them was, in the view of some commentators, a source of some embarrassment to Labour Party spokespersons during the election campaign. The details include such technical issues as the definition of the bargaining unit, the number of employees needed to trigger a ballot, the issues unions are entitled to bargain over, and the methods of enforcement, as well as whether or not there should be a specialist representation agency to help resolve them.

The failure to include provisions for union recognition, along with a number of other employment law changes, in the Government's first legislative programme (UK9705129N) was a cause of some concern in Labour Party as well as trade union circles. This led the Government, in the form of an announcement by the Secretary of State for Education and Employment (UK9706140N), to promise that a White Paper would be brought forward in the autumn of 1997 with the necessary proposals.

More recent developments have taken a surprising turn. Ministers remain committed to bringing forward legislation. They have indicated, however, that if the the Trades Union Congress (TUC) and Confederation of British Industry (CBI) and can reach some form of accommodation on the key issues, the Government will be prepared to use this as the basis of the forthcoming White Paper. Both social partners, it seems have responded positively. Most employers remain opposed to statutory recognition. They accept, however, that the government has a big majority and is going to bring forward legislation come what may; it makes sense therefore to try to ensure that the arrangements are as suitable as they can be from a management point of view. The TUC, for its part, is keen to promote the idea of social dialogue. Proposals that arise from any "agreement" with the CBI on recognition would establish an important precedent for the future as well as making them more acceptable to management.