National Union of Journalists, R (on the application of) v Central Arbitration Committee & Anor [2005] EWCA Civ 1309 (21 July 2005)

National Union of Journalists, R (on the application of) v Central Arbitration Committee & Anor [2005] EWCA Civ 1309 (21 July 2005)

A recognition agreement between an employer and an independent union is 'in force' upon signature unless shown to be a sham or abandoned, and this suffices to render a statutory recognition application by another union inadmissible under paragraph 35. The statutory scheme does not infringe Article 11 or Article 14 ECHR as it does not guarantee a right to recognition or collective bargaining, nor does it discriminate against the applicant union.

Citation
[2005] EWCA Civ 1309
Parties
Claimant/appellant: The Queen on the Application of the National Union of Journalists; First Defendant/first Respondent: Central Arbitration Committee; Second Defendant/second Respondent: Secretary of State for Trade and Industry; First Interested Party/third Respondent: Sports Division - Mirror Group Newspapers; Second Interested Party: British Association of Journalists
Jurisdiction
England and Wales
Judgment Date
21 July 2005
Procedural Posture
Judicial Review/statutory Appeal / Appeal From High Court (administrative Court) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Trade Union Recognition, Collective Bargaining, Statutory Interpretation, Article 11 ECHR, Article 14 ECHR, Discrimination, Collective Agreements
Employment Law Labour Law Human Rights Law Trade Union Recognition Collective Bargaining Statutory Interpretation Article 11 ECHR Article 14 ECHR +2 more

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Parties

The Queen on the Application of the National Union of Journalists

Claimant/appellant

Central Arbitration Committee

First Defendant/first Respondent

Secretary of State for Trade and Industry

Second Defendant/second Respondent

Sports Division - Mirror Group Newspapers

First Interested Party/third Respondent

British Association of Journalists

Second Interested Party

Procedural Posture

Judicial Review/statutory Appeal / Appeal From High Court (administrative Court) to Court of Appeal

Legal Issues

  1. 1 Whether a voluntary recognition agreement with an independent union renders a statutory recognition application inadmissible under paragraph 35 of Schedule A1 to the Trade Union and Labour Relations (Consolidation) Act 1992
  2. 2 Whether the agreement was 'in force' for the purposes of paragraph 35
  3. 3 Whether the statutory scheme and its application infringed Article 11 and/or Article 14 of the European Convention on Human Rights

Ratio Decidendi

A recognition agreement between an employer and an independent union is 'in force' upon signature unless shown to be a sham or abandoned, and this suffices to render a statutory recognition application by another union inadmissible under paragraph 35. The statutory scheme does not infringe Article 11 or Article 14 ECHR as it does not guarantee a right to recognition or collective bargaining, nor does it discriminate against the applicant union.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs to be agreed; any item of disagreement to be submitted to Buxton LJ for summary assessment