Recognition Decision
Updated 20 May 2024
Applies to England, Scotland and Wales
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Case Number: TUR1/1377(2023)
20 May 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
City Facilities Management (Distribution) Ltd
1. Introduction
1) GMB (the Union) submitted an application to the CAC on 15 November 2023 that it should be recognised for collective bargaining by City Facilities Management (Distribution) Ltd (the Employer) for a bargaining unit comprising the “Three sites which are owned by Asda Stores Limited are based in Scotland City Facilities Management Distribution or the third party which provide the staff to carry out cleaning duties within the sites. These staff are known widely as Asda Aces. They are all hourly paid”. The CAC gave both parties notice of receipt of the application on 15 November 2023. The Employer submitted a response to the CAC dated 21 November 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 Mrs Lisa Gettins, Panel Chair, and, as Members, Mr Alastair Kelly, and Mr Ian Hanson. The Case Manager appointed to support the Panel was Kaniza Bibi.
3) By its written decision dated 15 December 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 16 April 2024 and the names of those who attended the hearing are appended to this decision. On 1 May 2024 the Panel’s decision was that the appropriate bargaining unit was that as proposed by the Union, namely: “Asda ACEs” employed by the Employer working at three Asda distribution sites in Scotland, namely: (1) Asda ASC, Falkirk; (2) Asda CDC4, Falkirk; and (3) Asda ADC4, Grangemouth”. This was the same bargaining unit as proposed by the Union albeit expressed in different terms.
2. Issues
4) Paragraph 22 of the 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 unions, 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:
(i) the CAC is satisfied that a ballot should be held in the interests of good industrial relations;
(ii) 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;
(iii) 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.
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 it should be recognised without a ballot
5) In a letter dated 1 May 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 3 May 2024, stated “I can confirm that GMB Scotland have the required membership of over 50% within the 3 Asda Distribution sites in which City FM distribution Ltd operate. Therefore, there will be no requirement to ballot the City Fm employees”.
4. Summary of the Employer’s response to the Union’s claim that it should be recognised without a ballot
6) On 3 May 2024 the CAC copied the Union’s email 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.
7) In its response the Employer sent an email dated 8 May 2024 stating, “We have nothing further to add”.
5. Considerations
8) 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.
9) The membership and support check conducted on 23 November 2023 had shown the Employer listing a total of 28 workers in the proposed bargaining unit. The list of members supplied by the Union contained 16 names. According to the Case Manager’s report the number of Union members in the proposed bargaining unit was 15, a membership level of 53.57%. The Panel accepts that the majority of workers in the bargaining unit are members of the Union.
10) The Panel has carefully considered the submissions of both parties and all the evidence in reaching its decision as to whether any of the qualifying conditions laid down in paragraph 22(4) of the Schedule is fulfilled.
11) The Panel is satisfied that the membership check conducted on 23 November 2023 is likely to reflect membership as it is now, and that membership density is 53.57%. The CAC are satisfied that the Union has majority membership.
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 unions 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 unions 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 “Asda ACEs” employed by the Employer working at three Asda distribution sites in Scotland, namely: (1) Asda ASC, Falkirk; (2) Asda CDC4, Falkirk; and (3) Asda ADC4, Grangemouth”.
Panel
Mrs Lisa Gettins, Panel Chair
Mr Alastair Kelly
Mr Ian Hanson QPM
20 May 2024