Decision

Recognition Decision

Updated 31 March 2022

Applies to England, Scotland and Wales

Case Number: TUR1/1240(2021)

31 March 2022

CENTRAL ARBITRATION COMMITTEE

TRADE UNION AND LABOUR RELATIONS (CONSOLIDATION) ACT 1992

SCHEDULE A1 - COLLECTIVE BARGAINING: RECOGNITION DECLARATION OF RECOGNITION

The Parties:

GMB

and

Nicholsons Sealing Technologies Ltd

1. Introduction

1) GMB (the Union) submitted an application to the CAC on 22 November 2021 that it should be recognised for collective bargaining by Nicholsons Sealing Technologies Ltd (the Employer) for a bargaining unit comprising of “all operators up to but excluding team leaders.” The location of the bargaining unit was given as Amos Drive, Greencroft Industrial Park, Stanley, County Durham, DH9 7YE. The CAC gave both parties notice of receipt of the application on 22 November 2021. The Employer submitted a response to the CAC dated 3 December 2021 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 Ms Naeema Choudry, Panel Chair, and, as Members, Ms Janice Beards and Ms Gillian Woodcock who was replaced by Mr Mustafa Faruqi as a member of the Panel. The Case Manager appointed to support the Panel was Kaniza Bibi.

3) By a decision dated 23 December 2021 the Panel accepted the Union’s application. In its response to the Union’s application the Employer agreed that the Union’s proposed bargaining unit was an appropriate bargaining unit. The Panel therefore moved to the next stage in the statutory process.

4) On 31 January 2022 the Panel, not satisfied that a majority of the workers constituting the bargaining unit were members of the Union, gave notice in accordance with paragraph 23(2) of the Schedule 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) of the Schedule, before arranging a secret ballot. The parties were also asked for its views on what form the ballot should take.

5) In an e-mail dated 3 February 2022 the Union stated its preference for a postal ballot. In a letter dated 7 February 2022 the Employer stated its preference for a workplace ballot. The Panel, having carefully considered each of the two options, was of the view that the difference in cost between the two options for the ballot format was significantly influential in arriving at a decision. The lowest quote for a wholly postal ballot was almost three times lower than the lowest quote for a workplace ballot. The Panel found this persuasive and opted for a postal ballot.

2. The Ballot

6) Kanto Elect was appointed as QIP on 25 February 2022 to conduct the ballot and the parties were notified accordingly. The postal ballot papers were despatched on 14 March 2022 to be returned by no later than noon on 25 March 2022, the day that the ballot closed.

7) The QIP reported to the CAC on 25 March 2022 that out of 56 workers eligible to vote, 52 votes had been cast: no ballot papers were found to be spoilt. Forty-Eight (48) workers, that is 92.3% of those voting, had voted to support the proposal that the Union be recognised for the purposes of collective bargaining with the Employer. Four (4) workers, that is 7.7% of those voting, voted to reject the proposal. The number of votes supporting the proposal as a percentage of the bargaining unit was 85.7%.

8) The CAC informed the Employer and the Union on 28 March 2022 of the result of the ballot in accordance with paragraph 29(2) of the Schedule.

3. Declaration of Recognition

9) 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.

10) 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 operators up to but excluding team leaders”.

Panel

Ms Naeema Choudry, Panel Chair

Mr Mustafa Faruqi

Ms Janice Beards

31 March 2022