The relationship between legislation and industrial practice: A study of the outcome of trade union recognition

The paper sets out to ask whether the existence of a statutory model of collective bargaining has influenced the scope and depth of bargaining following voluntary trade union recognition.

The paper is largely based on a telephone survey of 101 employer representatives, commissioned by the Department of Trade and Industry (2000). The survey was based on a sample of 213 voluntary trade union recognition agreements concluded between 1998 and 2002. The paper also draws on a textual analysis of 213 voluntary recognition agreements and refers to nine in‐depth case studies.

In this paper the research found evidence of dynamic relationships following recognition and in the majority of cases there has been collective bargaining on the core issues of pay, hours and holiday. There was less likely to have been negotiation over the non‐core issues of pensions, equal opportunities and training. There are clear differences between employers' reports of the nature of discussions with the union and what was set out in the written recognition agreements. The fact that a proportion of voluntary agreements have been formally limited to the core issues suggests the influence of the law in shaping both the scope and depth of voluntary recognition (and subsequent practice).

The analysis in this paper is based on employer perceptions of the bargaining process; clearly bargaining also reflects union aspirations. Further case studies based on workplace bargaining would illustrate this dynamic process.

The paper offers the first analysis of bargaining following voluntary recognition and assessment of the impact of the Employment Relations Act 1999.