Decision

Recognition Decision

Updated 20 May 2022

Applies to England, Scotland and Wales

Case Number: TUR1/1254(2022)

20 May 2022

CENTRAL ARBITRATION COMMITTEE

TRADE UNION AND LABOUR RELATIONS (CONSOLIDATION) ACT 1992

SCHEDULE A1 - COLLECTIVE BARGAINING: RECOGNITION

DECLARATION OF RECOGNITION

The Parties:

Community

and

Express Reinforcements Ltd

1. Introduction

1) Community (the Union) submitted an application to the CAC on 23 February 2022 that it should be recognised for collective bargaining by Express Reinforcements Ltd (the Employer) for a bargaining unit comprising of “all workers on the factory floor, up to and including Team Leaders, which would include Labourers, Production Operators, Production Team Leaders (working and supervisory) employed by Express Reinforcements Limited”. The location of the bargaining unit was given as Eaglebush Works, Milland Road, Neath. The application was received by the CAC on 23 February 2022 and the CAC gave notice of receipt of the application to the parties that day. The Employer submitted a response to the CAC dated 1 March 2022 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 Chair established a Panel to deal with the case. The Panel consisted of Mr Rohan Pirani, Panel Chair, and, as Members, Mr Robert Lummis and Mr Michael Clancy. The Case Manager appointed to support the Panel was Joanne Curtis.

3) By a decision dated 15 March 2022 the Panel accepted the Union’s application. In its response to the Union’s application the Employer agreed that the Union’s proposed bargaining unit was an appropriate bargaining unit. The Panel therefore moved to the next stage in the statutory process.

4) On 23 March 2022 the Panel, not being satisfied that a majority of the workers in the bargaining unit were members of the Union, gave notice in accordance with paragraph 23(2) of Schedule A1 to the Act (the Schedule) that a secret ballot would be held. The Panel also advised the parties that it would wait until the end of the notification period of ten working days, as specified in paragraph 24(5) of the Schedule, before arranging a secret ballot. The parties were also asked for their views on what form the ballot should take.

5) The notification period under paragraph 24(5) of the Schedule ended on 6 April 2022. The CAC was not notified by the Union or by both parties jointly that they did not want the ballot to be held, as per paragraph 24(2) of the Schedule. The Panel, having considered the parties’ views decided that a postal ballot should take place. This decision was made in accordance with paragraph 25(4) of the Schedule and the parties were informed accordingly.

2. The Ballot

6) IPA was appointed as the Qualified Independent Person (QIP) on 19 April 2022 to conduct the ballot and the parties were notified accordingly. The postal ballot papers were despatched on 5 May 2022 to be returned by no later than noon on 18 May 2022, the day that the ballot closed.

7) The QIP reported to the CAC on 18 May 2022 that out of 67 workers eligible to vote, 50 votes had been cast: no ballot papers were found to be spoilt. Forty-Seven (47) workers, that is 94% of those voting, had voted to support the proposal that the Union be recognised for the purposes of collective bargaining with the Employer. Three (3) workers, that is 6% of those voting, voted to reject the proposal. The number of votes supporting the proposal as a percentage of the bargaining unit was 70.2%.

8) The CAC informed the Employer and the Union on 20 May 2022 of the result of the ballot in accordance with paragraph 29(2) of the Schedule.

3. Declaration of Recognition

9) 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.

10) The CAC declares that the Union is recognised by the Employer as entitled to conduct collective bargaining on behalf of the bargaining unit comprising “all workers on the factory floor, up to and including Team Leaders, which would include Labourers, Production Operators, Production Team Leaders (working and supervisory) employed by Express Reinforcements Limited”.

Panel

Mr Rohan Pirani, Panel Chair

Mr Rob Lummis

Mr Michael Clancy

20 May 2022