Recognition Decision
Updated 4 September 2024
Applies to England, Scotland and Wales
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Case Number: TUR1/1336(2023)
4 September 2024
CENTRAL ARBITRATION COMMITTEE
TRADE UNION AND LABOUR RELATIONS (CONSOLIDATION) ACT 1992
SCHEDULE A1 - COLLECTIVE BARGAINING: RECOGNITION
DECLARATION OF RECOGNITION
The Parties:
Communication Workers Union
and
Saab UK Ltd
1. Introduction
1) The CWU (the Union) submitted an application to the CAC on 7 June 2023 that it should be recognised for collective bargaining by Saab UK Ltd (the Employer) for a bargaining unit comprising the “Development & Customer Solutions Team: Software Engineer- Solutions & Test Engineer- Scrum Master- Solution Architect- Technical Lead- Lead Engineer. Service & Delivery Operations Team: Commissioning & Support Engineer- Project and Service Engineer and Project Management Team”. The CAC gave both parties notice of receipt of the application on 8 June 2023. The Employer submitted a response to the CAC dated 13 June 2023, 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 Ms Naeema Choudry, Panel Chair, and, as Members, Mr Alastair Kelly and Mr Paul Morley. The Case Manager appointed to support the Panel was Kaniza Bibi.
3) By a decision dated 10 July 2023 the Panel accepted the Union’s application. The parties then entered a period of negotiation in an attempt to reach agreement on the appropriate bargaining unit. As no agreement was reached, the parties were invited to supply the Panel with, and to exchange, written submissions relating to the question of the determination of the appropriate bargaining unit. A virtual hearing was held on 10 May 2024 and subsequently a decision was issued on 22 May 2024 where the Panel determined that the appropriate bargaining unit was as proposed by the Union, namely: “Development & Customer Solutions Team: Software Engineer- Solutions & Test Engineer- Scrum Master- Solution Architect- Technical Lead- Lead Engineer. Service & Delivery Operations Team: Commissioning & Support Engineer- Project and Service Engineer and Project Management Team”.
4) On 20 June 2024, the Panel, satisfied that a majority of the workers constituting the bargaining unit were not members of the Union, gave notice in accordance with paragraph 23(2) of Schedule A1 to the Act (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 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), before arranging a secret ballot.
5) The notification period under paragraph 24(5) of the Schedule ended on 4 July 2024. The CAC was not notified by both the parties that they did not want the ballot to be held, as per paragraph 24(2). The parties were also asked for their views on the form the ballot should take.
6) On 8 July 2024 the Panel informed the parties that the ballot would take the form of a postal ballot.
2. The Ballot
7) Popularis was appointed as QIP on 29 July 2024 to conduct the ballot and the parties were notified accordingly. The postal ballot papers were despatched on 13 August 2024, to be returned by no later than noon on 27 August 2024, the day that the ballot closed.
8) The QIP reported to the CAC on 27 August 2024, that out of 51 workers eligible to vote, 38 ballot papers had been returned: no ballot papers were found to be spoilt. Twenty-eight (28) workers, that is 74.00% of those voting, had voted to support the proposal that the Union be recognised for the purposes of collective bargaining with the Employer. Ten workers, that is 26.00% of those voting, voted to reject the proposal. The number of votes supporting the proposal as a percentage of the bargaining unit was 55.00%.
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 “Development & Customer Solutions Team: Software Engineer- Solutions & Test Engineer- Scrum Master- Solution Architect- Technical Lead- Lead Engineer. Service & Delivery Operations Team: Commissioning & Support Engineer- Project and Service Engineer and Project Management Team”.
Panel
Ms Naeema Choudry, Panel Chair
Mr Alastair Kelly
Mr Paul Morley
4 September 2024