The procedure, which only applies to employers of more than 20 workers, is as follows:
- A request for recognition is submitted, by an independent union, in writing to the employer, specifying the bargaining unit for which recognition is claimed.
- If the request is refused or negotiations fail, a written request is sent to the CAC.
- The CAC has to decide what the appropriate bargaining unit is.
- The CAC then has to be satisfied that there is sufficient potential support for the union. They will require evidence of at least 10% membership in the relevant bargaining unit and need to be satisfied that a majority of workers are likely to favour recognition.
- If the union can show it has more than 50% membership within the bargaining unit, the CAC may make a declaration that the union should be recognised. Otherwise, the CAC will authorise a ballot amongst all those in the relevant bargaining unit.
- A declaration will be made in favour of recognition if there is a majority vote in favour and at least 40% of those eligible to vote, vote in favour.