Decision

Recognition Decision

Updated 13 June 2024

Applies to England, Scotland and Wales

Case Number: TUR1/1386(2024)

13 June 2024

CENTRAL ARBITRATION COMMITTEE

TRADE UNION AND LABOUR RELATIONS (CONSOLIDATION) ACT 1992

SCHEDULE A1 - COLLECTIVE BARGAINING: RECOGNITION

DECLARATION OF RECOGNITION

The Parties:

Community

and

Euro Car Parts

1. Introduction

1)         Community (the Union) submitted an application to the CAC dated 30 January 2024 that it should be recognised for collective bargaining purposes by Euro Car Parts (the Employer) in respect of a bargaining unit comprising “salaried warehouse operatives directly employed by Euro Car Parts at the Tamworth T1 and T2 site.” The location of the bargaining unit was given as “Euro Car Parts T1 and T2, Birch Coppice Business Park, Danny Morson Way, Dordon, Tamworth, B78 1SE.” The application was received by the CAC on 30 January 2024 and the CAC gave both parties notice of receipt of the application by a letter of the same date. The Employer submitted a response to the CAC dated 6 February 2024 which was copied to the Union.

2)         In accordance with section 263 of the Trade Union and Labour Relations (Consolidation) Act 1992 (the Act), the CAC Chairman established a Panel to deal with the case. The Panel consisted of Mrs Lisa Gettins, Panel Chair, and, as Members, Mr Roger Roberts and Mr Ian Hanson. Mr Roger Roberts was replaced by Mr Mustafa Faruqi with effect from 1 April 2024. The Case Manager appointed to support the Panel was Joanne Curtis.

3)         By a decision dated 6 March 2024 the Panel accepted the Union’s application. The parties had reached an agreement as to the appropriate bargaining unit and this was: “the Salaried Warehouse Operatives at a grading below First Line Manager directly employed by Euro Car Parts Limited at T1 and T2 within the Central Distribution Centre.” It was agreed that agency staff would not be included.

4)         On 6 March 2024, the Panel not being satisfied that a majority of the workers constituting the bargaining unit were members of the Union, gave notice in accordance with paragraph 23(2) of the Schedule that it intended to arrange for the holding of  a secret ballot in which the workers constituting the bargaining unit would be asked whether they wanted the Union to conduct collective bargaining on their behalf. The parties were advised that the Panel would wait until the end of the notification period,^{[footnote 1]} as specified in paragraphs 24(2) to (7) of the Schedule, before arranging for the holding of a ballot. The parties were also asked for their views on the form the ballot should take.

5)         The notification period described in the preceding paragraph elapsed without the Union, or the Union and the Employer jointly, informing the CAC that a ballot was not required.

6)       In an e mail to the Case Manager dated 10 March 2024 the Union stated that its preference was for a workplace ballot. In an e-mail dated 12 March 2024 the Employer stated its preference for a postal ballot. After considering all the written submissions the Panel issued a decision dated 26 March 2024 that the ballot should take place by post.

2. The Ballot

7)         On 30 April 2024 IPA was appointed as the Qualified Independent Person (QIP) to conduct the ballot and the parties were notified accordingly. The postal ballot papers were dispatched on 14 May 2024 to be returned to the QIP by no later than Noon on 28 May 2024.

8)         The QIP reported to the CAC on 29 May 2024 that, of the 767 workers eligible to vote, 370 ballot papers had been returned; there were two ballot paper that were found to be spoiled or otherwise invalid.  357 workers, that is 97% of those voting, had voted to support the proposal that the Union be recognised for the purposes of collective bargaining with the Employer.  Eleven (11) workers, that is 3% of those voting, voted to reject the proposal.  The number of votes supporting the proposal as a percentage of the bargaining unit was 46.5%.

9)         The CAC informed the Employer and the Union on 3 June 2024 of the result of the ballot in accordance with paragraph 29(2) of the Schedule.

3. Declaration of Recognition

10)       The ballot establishes that a majority of the workers voting, and at least 40% of the workers constituting the bargaining unit, support the proposal that the Union should be recognised by the Employer for the purpose of conducting collective bargaining in respect of the bargaining unit.  This satisfies the conditions under which the CAC must issue a declaration in favour of recognition in accordance with paragraph 29(3) of the Schedule.

11)       The CAC accordingly declares that the Union is recognised by the Employer as entitled to conduct collective bargaining on behalf of the bargaining unit comprising “the Salaried Warehouse Operatives at a grading below First Line Manager directly employed by Euro Car Parts Limited at T1 and T2 within the Central Distribution Centre.” It was agreed that agency staff would not be included.

Panel

Mrs. Lisa Gettins, Panel Chair

Mr. Ian Hanson

Mr. Mustafa Faruqi

13 June 2024

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1. The “notification period”, in relation to notification by the union, is the period of 10 working days starting with the day on which the union receives the CAC’s notice under paragraph 23(2) or such longer period as the CAC may specify; in relation to notification by the unions and the employer, the period of 10 working days starting with the day on which the last of the parties receives the CAC’s notice or such longer period as the CAC may specify: paragraph 24(5),(6). ↩