Recognition Decision
Updated 11 March 2024
Applies to England, Scotland and Wales
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Case Number: TUR1/1333(2023)
11 March 2024
CENTRAL ARBITRATION COMMITTEE
TRADE UNION AND LABOUR RELATIONS (CONSOLIDATION) ACT 1992
SCHEDULE A1 - COLLECTIVE BARGAINING: RECOGNITION
DECLARATION THAT THE UNION IS NOT ENTITLED TO BE RECOGNISED
The Parties:
GMB
and
DHL Services Ltd (DHL ACCORD)- DHL Supply Chain
1. Introduction
1) GMB (the Union) submitted an application to the CAC dated 1 June 2023 that it should be recognised for collective bargaining purposes by DHL Services Ltd (DHL ACCORD)- DHL Supply Chain (the Employer) in respect of a bargaining unit comprising “First Line Managers and Full-Time Warehouse Employees (including Inventory Workers, Administration Employees and Receptionists).” The location of the bargaining unit was given as “DHL Services Ltd also known as DHL (Accord), DHL Life Sciences / DHL Supply Chain, Accord Distribution Centre, Collett, Didcot, OX11 7WB.” The application was received by the CAC on 1 June 2023 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 8 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 Chairman established a Panel to deal with the case. The Panel consisted of Ms Laura Prince K.C., Panel Chair, and, as Members, Mr Rob Lummis and Mr Nicholas Childs. The Case Manager appointed to support the Panel was Joanne Curtis.
3) By a decision dated 26 October 2023 the Panel accepted the Union’s application. Following this decision, the parties then reached agreement on the appropriate bargaining unit. The agreed bargaining unit was described as “Warehouse Admin, Warehouse Colleague/ operative and Inventory.”
4) As the determined bargaining unit differed from that proposed by the Union in its application the Panel was required to decide whether the Union’s application was invalid. In a decision dated 18 December 2023 the Panel decided that the application was not invalid.
5) On 18 December 2023, 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 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.
6) The notification period under paragraph 24(5) of the Schedule ended on 4 January 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.
7) The parties both proposed and agreed that the appropriate form of ballot in this matter was a postal ballot and thereafter reached agreement on access arrangements. The Panel directed that Mi-Voice should be appointed as the Qualified Independent Person (QIP) to conduct the ballot.
2. The Ballot
8) Mi-Voice was appointed as QIP on 7 February 2024 to conduct the ballot and the parties were notified accordingly. The postal ballot papers were despatched on 22 February 2024, to be returned by no later than noon on 5 March 2024.
9) The QIP reported to the CAC on 5 March 2024, that out of 74 workers eligible to vote, 29 ballot papers had been returned: no ballot papers were found to be spoilt. 25 workers, that is 86.2% of those voting, had voted to support the proposal that the Union be recognised for the purposes of collective bargaining with the Employer. 4 workers, that is 13.8% of those voting, voted to reject the proposal. The number of votes supporting the proposal as a percentage of the bargaining unit was 33.8%.
10) The CAC informed the Employer and the Union on 7 March 2024 of the result of the ballot in accordance with paragraph 29(2) of the Schedule.
3. Declaration that the Union is not entitled to be recognised
11) The ballot did not establish that at least 40% of the workers constituting the bargaining unit supported the proposal that the Union should be recognised by the Employer for the purposes of conducting collective bargaining on behalf of the bargaining unit.
12) In accordance with paragraph 29(4) of the Schedule, the CAC declares that the Union is not recognised as entitled to conduct collective bargaining on behalf of the bargaining unit.
Panel
Ms Laura Prince K.C., Panel Chair
Mr Rob Lummis
Mr Nicholas Childs.
11 March 2024