Recognition Decision
Updated 27 September 2019
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Case Number: TUR1/1102/2019
25 September 2019
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
Grant Westfield Ltd
1. Introduction
1) GMB (the Union) submitted an application to the CAC dated 12 April 2019 that it should be recognised for collective bargaining purposes by Grant Westfield Ltd (the Employer) in respect of a bargaining unit comprising “Hourly paid staff group, including but not limited to Machine Operatives, Production Labourers, Forklift Truck Drivers, Dispatch/Distribution Operatives, HGV Drivers and Merchandising Team.” The location of the bargaining unit was given as “Westfield Avenue, Edinburgh, EH11 2QH”. The application was received by the CAC on 12 April 2019 and the CAC gave both parties notice of receipt of the application on 15 April 2019. The Employer submitted a response to the CAC dated 17 April 2019 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, Mr Alistair Paton and Mr Matt Smith OBE. The Case Manager appointed to support the Panel was Kate Norgate.
3) By a decision dated 17 May 2019, the Panel accepted the Union’s application. On 24 June 2019, 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 15 July 2019, 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) By e-mail to the Case Manager dated 19 July 2019 the Union stated that it would prefer a postal ballot. In a letter to the Case Manager dated 19 July 2019 the Employer submitted that there should be a workplace ballot. In a decision dated 30 July 2019 the Panel decided that the ballot should be a postal ballot.
2. The Ballot
6) On 15 August 2019 IPA was appointed as the Qualified Independent Person (QIP) to conduct the ballot and the parties were notified accordingly. The Employer provided a list of the names and addresses of workers in the bargaining unit to the CAC which was passed to the QIP. The ballot papers were dispatched on 30 August 2019 to be returned to the QIP by no later than noon on 13 September 2019.
7) The QIP reported to the CAC on 13 September 2019 that, of the 38 workers eligible to vote, nineteen (19) ballot papers had been returned; there were no spoilt papers. Twelve (12) workers (63.16% of the valid vote) had voted to support the proposal that the Union should be recognised for the purposes of collective bargaining with the Employer. Seven (7) workers (36.84% of the valid vote) had voted to reject the proposal. The proportion of workers constituting the bargaining unit who supported the proposal was 31.58%.
8) The CAC informed the Employer and the Union on 13 September 2019 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
9) The ballot did not establish that at least 40% of the workers constituting the bargaining unit supported the proposal that the Union be recognised by the Employer for the purposes of conducting collective bargaining in respect of the bargaining unit.
10) In accordance with paragraph 29(4) of the Schedule, the CAC declares that the Union is not recognised by the Employer as entitled to conduct collective bargaining on behalf of the bargaining unit.
Panel
Professor Kenneth Miller, Panel Chair
Mr Alistair Paton
Mr Matt Smith
25 September 2019