National Union of Journalists, R (on the application of) v Central Arbitration Committee & Anor

National Union of Journalists, R (on the application of) v Central Arbitration Committee & Anor

The recognition agreement between MGN and BAJ was 'in force' upon signature and binding intent, regardless of whether it had been operated. The CAC correctly determined the NUJ's application was inadmissible under paragraph 35. The statutory exclusion did not infringe the NUJ's rights under Article 11 or Article 14 ECHR, as there is no right to be recognised for collective bargaining and the scheme was not discriminatory.

Parties
Claimant/appellant: 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 (administrative Law) / Appeal From High Court to Court of Appeal
Outcome
appeal dismissed
Legal Topics
Trade Union Recognition, Collective Bargaining, Statutory Interpretation, Discrimination Under ECHR, Article 11 ECHR, Article 14 ECHR
Labour Law Administrative Law Human Rights Law Trade Union Recognition Collective Bargaining Statutory Interpretation Discrimination Under ECHR Article 11 ECHR +1 more

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Parties

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 (administrative Law) / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether the Central Arbitration Committee (CAC) correctly determined that the application by the NUJ was inadmissible under paragraph 35 of Schedule A1 to the Trade Union and Labour Relations (Consolidation) Act 1992
  2. 2 Whether the recognition agreement between MGN and BAJ was 'in force' for the purposes of paragraph 35
  3. 3 Whether the statutory exclusion infringed the NUJ's rights under Article 11 and/or Article 14 of the European Convention on Human Rights

Ratio Decidendi

The recognition agreement between MGN and BAJ was 'in force' upon signature and binding intent, regardless of whether it had been operated. The CAC correctly determined the NUJ's application was inadmissible under paragraph 35. The statutory exclusion did not infringe the NUJ's rights under Article 11 or Article 14 ECHR, as there is no right to be recognised for collective bargaining and the scheme was not discriminatory.

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.