Decision

Recognition Decision

Updated 9 July 2024

Applies to England, Scotland and Wales

Case Number: TUR1/1391(2024)

9 July 2024

CENTRAL ARBITRATION COMMITTEE

TRADE UNION AND LABOUR RELATIONS (CONSOLIDATION) ACT 1992

SCHEDULE A1 - COLLECTIVE BARGAINING: RECOGNITION

DECLARATION OF RECOGNITION WITHOUT A BALLOT

The Parties:

GMB

and

BCA Logistics Limited

1. Introduction

1)         GMB (the Union) submitted an application to the CAC dated 9 February 2024 that it should be recognised for collective bargaining purposes by BCA Logistics Limited (the Employer) in respect of a bargaining unit comprising “ZHC Experienced Demo Drivers, Contracted Experienced Demo Drivers.” The location of the bargaining unit was given as “BMW Paddock Lane, Thorne DN8 4HT” The application was received by the CAC on 22 February 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 29 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 Sarah Havlin, Panel Chair, and, as Members, Mr Rob Lummis and Mr Ian Hanson. The Case Manager appointed to support the Panel was Joanne Curtis.

3)         By a decision dated 8 April 2024 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, a hearing was held on 7 June 2024 via zoom and on 27 June 2024 the Panel issued a decision that the appropriate bargaining unit was that proposed by the Union namely “ZHC Experienced Demo Drivers, Contracted Experienced Demo Drivers.”

2. Issues

4)         Paragraph 22 of Schedule A1 to the Act (the Schedule) provides that, if the CAC is satisfied that a majority of the workers constituting the bargaining unit are members of the union, it must issue a declaration of recognition under paragraph 22(2) unless any of the three qualifying conditions specified in paragraph 22(4) applies.  Paragraph 22(3) requires the CAC to hold a ballot even where it has found that a majority of workers constituting the bargaining unit are members of the union if any of these qualifying conditions is fulfilled.  The three qualifying conditions are:

• the CAC is satisfied that a ballot should be held in the interests of good industrial relations.

• the CAC has evidence, which it considers to be credible, from a significant number of the union members within the bargaining unit that they do not want the union (or unions) to conduct collective bargaining on their behalf.

• membership evidence is produced which leads the CAC to conclude that there are doubts whether a significant number of the union members within the bargaining unit want the union (or unions) to conduct collective bargaining on their behalf.

5)         Paragraph 22(5) provides that “membership evidence” for these purposes is:(a) evidence about the circumstances in which union members became members, or (b) evidence about the length of time for which union members have been members, in a case where the CAC is satisfied that such evidence should be taken into account.

3. The Union’s claim to majority membership and submission that it should be recognised without a ballot

6)         In a letter dated 27 June 2024 the Union was asked by the CAC whether it claimed majority membership within the bargaining unit and, if so, whether it submitted that it should be granted recognition without a ballot. The Union, in an email dated 27 June 2024, stated “I can confirm the union has majority membership within the bargaining unit and therefore submits that it should be granted recognition without a ballot.”

4. Summary of the Employer’s response to the Union’s claim that it should be recognised without a ballot

7)         On 27 June 2024 the CAC copied the Union’s email of 27 June 2024 to the Employer and invited the Employer to make submissions in relation to the Union’s claim that it had majority membership within the bargaining unit and in relation to the three qualifying conditions specified in paragraph 22(4) of the Schedule.

8)         In its response dated 3 July 2024 the Employer stated, “it is disappointing that the Union have provided such a sparse reply in relation to whether or not they have majority membership within the bargaining unit (as decided). At least some detail would have assisted us better in reaching our decision on reply. However, that aside, based on our own investigations previously, we do accept that the majority of employees in the bargaining unit are members of the Union. What we’d suggest now is that we be given a period of time, after the declaration of recognitions is made, for the parties to seek to agree a method of collective bargaining and if this fails we can revert to the CAC for assistance.”

5. Considerations

9)         The Schedule requires the Panel to consider whether it is satisfied that a majority of the workers constituting the bargaining unit are members of the Union.  If the Panel is satisfied that a majority of the workers constituting the bargaining unit are members of the Union, it must declare the Union to be recognised as entitled to conduct collective bargaining on behalf of the workers constituting the bargaining unit unless it decides that any of the three qualifying conditions set out in paragraph 22(4) is fulfilled.  If the Panel considers that any of those specific conditions is fulfilled, it must give notice to the parties that it intends to arrange for the holding of a secret ballot. 

10)       The membership and support check conducted on 14 March 2024 had shown the Employer listing a total of 40 workers in the bargaining unit. The Union had provided a list of 26 union members. The number of union members in the proposed bargaining unit was 23, a membership level of 57.50%. Neither party has suggested that there has been a significant reduction in the number of workers in the bargaining unit or the number of union members.^{[footnote 1]} The Employer has not sought to advance any argument that the Union does not have a majority of members in the bargaining unit and in fact goes so far as to accept that the majority of workers in the bargaining unit are union members. Accordingly, the Panel accepts that the majority of workers in the bargaining unit are members of the Union.

11)       In the absence of any submissions from the parties as to whether any of the qualifying conditions laid down in paragraph 22(4) of the Schedule is fulfilled the Panel has looked at each condition carefully.

Paragraph 22(4) (a)

12)       The first condition is that the Panel is satisfied that a ballot should be held in the interests of good industrial relations. In this case neither party has submitted evidence that holding a secret ballot would be in the interests of good industrial relations.  The Panel is therefore satisfied that this condition does not apply.

Paragraph 22(4) (b)

13)       The second condition is that the CAC has evidence, which it considers to be credible, from a significant number of the union members within the bargaining unit that they do not want the Union to conduct collective bargaining on their behalf. The CAC has no such evidence, and this condition does not apply.

Paragraph 22(4) (c)

14)       The third condition is that membership evidence is produced which leads the CAC to conclude that there are doubts whether a significant number of the union members within the bargaining unit want the Union to conduct collective bargaining on their behalf.  No such evidence has been produced, and this condition does not apply.

6. Declaration of recognition

15)       The Panel is satisfied in accordance with paragraph 22(1)(b) of the Schedule that a majority of the workers constituting the bargaining unit are members of the Union. The Panel is satisfied that none of the conditions in paragraph 22(4) of the Schedule is met. Pursuant to paragraph 22(2) of the Schedule, the CAC must therefore issue a declaration that the Union is recognised as entitled to conduct collective bargaining on behalf of the workers constituting the bargaining unit. 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 “ZHC Experienced Demo Drivers, Contracted Experienced Demo Drivers.”

Panel

Mrs Sarah Havlin, Panel Chair

Mr Rob Lummis

Mr Ian Hanson

9 July 2024

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1. During the bargaining unit hearing on 7 June 2024 the Employer made reference to there now being only 37 workers in the bargaining unit. ↩