Decision

Recognition Decision

Updated 12 March 2021

Case Number: TUR1/1188(2020)

12 March 2021

CENTRAL ARBITRATION COMMITTEE

TRADE UNION AND LABOUR RELATIONS (CONSOLIDATION) ACT 1992

SCHEDULE A1 - COLLECTIVE BARGAINING: RECOGNITION DECLARATION OF RECOGNITION

The Parties:

GMB

and

Dyer Engineering Ltd

1. Introduction

1) GMB (the Union) submitted an application to the CAC dated 9 June 2020 that it should be recognised for collective bargaining purposes by Dyer Engineering Ltd (the Employer) in respect of a bargaining unit comprising “All hourly paid shop floor workers up to and excluding Managers employed by Dyer Engineering Limited on both your sites at: Unit 3&5, Morrison Road Industrial Estate, Annfield Plain, Stanley, Co Durham, DH9 7RU and Hare Law, Industrial Estate, North Road, Annfield Plain, Stanley.” The application was received by the CAC on 3 August 2020 and the CAC gave both parties notice of receipt of the application on 4 August 2020. The Employer submitted a response to the CAC dated 10 August 2020 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 Professor Kenneth Miller, Panel Chair, and, as Members, Miss Kerry Holden and Mr Matt Smith OBE. The Case Manager appointed to support the Panel for the purposes of this decision was Kate Norgate.

3) By a decision dated 21 September 2020 the Panel accepted the Union’s application. On 19 October 2020, the Employer wrote to the CAC confirming that it agreed with the Union’s proposed bargaining unit as stated in its application. As the agreed bargaining unit was the same as that proposed by the Union in its application, the Panel moved to the next stage in the statutory process.

4) On 23 October 2020, 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) 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), before arranging a secret ballot. The parties were also asked for their views on the form the ballot should take. The notification period elapsed without the Union, or the Union and the Employer jointly, informing the CAC that a ballot was not required.

5) The parties did not agree on the type of ballot to be held; the Union favoured a workplace ballot, the Employer a postal ballot. In a decision dated 20 November 2020 the Panel informed the parties that, having considered the view of the parties and the factors specified in paragraph 25(5) of the Schedule, it had decided that a postal ballot was the most appropriate. The parties reached an agreement on the Union’s access during the balloting period and the Panel subsequently directed that Popularis should be appointed as the Qualified Independent Person (QIP) to conduct the ballot.

2. The Ballot

6) The QIP was appointed on 8 January 2021 and the parties were notified accordingly. On 14 January 2021, the Union raised a complaint to the CAC that workers were being given short notice to attend Union access meetings and that the Union slots were outside of working hours. The parties agreed to attempt to resolve these issues with the assistance of the Panel Chair at an informal meeting which was held on 20 January 2021. The CAC confirmed the outcome of that meeting by letter to the parties on the same day. Namely that the parties had agreed that Union access meetings would take place on 26 & 27 January 2021 and 2 & 3 February 2021 during work time at either the start or end of the relevant shift. In order to accommodate the rescheduling of the access meetings the parties were also informed that as a consequence of the changes to the ballot timetable, the Panel had extended the balloting period to 18 February 2021 pursuant to paragraph 25(3)(b) of the Schedule

7) On 22 January 2021 the Union submitted a further complaint to the CAC that the Employer had failed to comply with its statutory duties under paragraph 26 of the Schedule. By a decision dated 5 February 2021 the Panel upheld the Union’s complaint, and, pursuant to paragraph 27(1) of the Schedule, and paragraph 22 of the Code of Practice on Access to Workers during Recognition and Derecognition Ballots, made the following order:

i) The date for the ballot is extended from 18 February 2021 to 5 March 2021 and the Case Manager shall inform the QIP. The Case Manager will also issue the parties with the revised ballot timetable.

ii) The extension of the ballot period allows the parties to arrange for fresh Union access meetings slots to be organised which should be on the same terms agreed by the parties at the informal meeting held on 20 January 2021. In addition, as appropriate, workers who do not wish to attend their allocated slot to attend the Union access meeting must either remain on their shift and at work until the conclusion of their shift or report for work at the normal starting time and work on shift as normal

iii) Workers will be informed that the re-scheduled access meetings and revised dates for the ballot are as a consequence of the CAC’s decision of today’s date.

8) By letter dated 5 February 2021 the parties were informed of the revised timetable. The postal ballot papers would be dispatched on 18 February 2021 to be returned to the QIP by no later than noon on 5 March 2021.

9) The QIP reported to the CAC on 5 March 2021 that, out of 99 workers eligible to vote, sixty (60) ballot papers had been returned. Fifty three (53) workers, (88.33% of those voting) had voted to support the proposal that the Union should be recognised by the Employer for the purposes of collective bargaining and seven (7) workers (11.67% of those voting) had voted to reject the proposal. The proportion of workers supporting the proposal as a percentage of the bargaining unit was 53.54%.

10) The CAC informed the Employer and the Union on 9 March 2021 of the result of the ballot in accordance with paragraph 29(2) of the Schedule.

3. Declaration of Recognition

11) 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.

12) 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 permanent hourly paid shop floor workers up to and excluding Managers employed by Dyer Engineering Limited on both your sites at: Unit 3&5, Morrison Road Industrial Estate, Annfield Plain, Stanley, Co Durham, DH9 7RU and Hare Law, Industrial Estate, North Road, Annfield Plain, Stanley”.

Panel

Professor Kenneth Miller, Panel Chair

Miss Kerry Holden

Mr Matt Smith OBE

12 March 2021