As member services increased it was determined that about 5% of those activities were deemed to be “trade union” activities, principally (a) providing employment advice to members in dispute with their councils and supporting them at internal hearings; and (b) from time to time working with the National Association of Local Councils and One Voice Wales to agree the model contract of employment or other national terms and conditions. Because SLCC provided these services, the Certification Officer included SLCC on the schedule to the List of Trade Unions as a body which the Certification Officer considered to be a trade union. SLCC was accordingly obliged to comply with the legislation on trade unions, including the need for its National Executive Council and its Chief Executive to be elected by ballot of all members.

However, SLCC was never affiliated to the TUC, nor did it have any political affiliations or take part in the annual pay bargaining for local government employees. Whilst SLCC had received renewed legal advice that it was lawful for councils to pay the subscriptions to a professional body which was also a trade union, its National Executive Council (NEC) has been considering for some time the potential risk to the SLCC’s financial future should some councils decide or be persuaded not to pay such subscriptions in the future.