Decision

Recognition Decision

Updated 5 February 2019

Case Number: TUR1/1075/2018 05 February 2019

CENTRAL ARBITRATION COMMITTEE

TRADE UNION AND LABOUR RELATIONS (CONSOLIDATION) ACT 1992

SCHEDULE A1 - COLLECTIVE BARGAINING: RECOGNITION

DECLARATION OF RECOGNITION

The Parties:

GMB

and

View Logistics Limited

1. Introduction

1) GMB (the Union) submitted an application to the CAC that it should be recognised for collective bargaining by View Logistics Limited (the Employer) in respect of a bargaining unit comprising “All permanent hourly paid warehouse staff up to and excluding Team leaders, Office staff, managers and personal contract holders”. The application was received by the CAC on 30 October 2018 and the CAC gave both parties notice of receipt of the application that day. The Employer submitted a response to the CAC dated 2 November 2018 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 Professor Kenny Miller, Panel Chair, and, as Members, Mrs Maureen Chambers and Ms Virginia Branney. The Case Manager appointed to support the Panel was Linda Lehan.

3) By a decision dated 23 November 2018 the Panel accepted the Union’s application.

4) As the Parties had agreed the bargaining unit prior to the Union submitting an application to the CAC the Panel instructed the Case Manager to ascertain whether the Union claimed that it had a majority of the workers in the bargaining unit as its members and should therefore be granted recognition without a ballot and, if it did so claim, to seek submissions from the Employer on whether or not a ballot should be held. In an email dated 27 November 2018 the Union confirmed that it did not have majority membership.

5) On 27 November 2018, 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.

6) Both parties were in agreement on the type of ballot to be conducted and in a letter dated 30 November 2018, in accordance with paragraph 25(4) of the Schedule, the Panel conveyed to the Parties that the ballot should be a postal ballot. The parties were able to reach agreement as to access during the balloting period and the CAC was notified accordingly.

2. The Ballot

7) Mi-Voice was appointed as QIP on 2 January 2019 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 postal ballot papers were dispatched on 17 January 2019 to be returned to the QIP by no later than noon on 31 January 2019. It was reported to the CAC Case Manager on 21 January 2019 that no ballot papers had been received by any of the workers. The QIP confirmed to the CAC Case Manager that ballot papers had been sent out on 17 January 2019 as per the timetable and would take the matter up with Royal Mail. In view of non-receipt of ballot papers the QIP was instructed to resend the ballot papers and these were resent on 21 January 2019. Due to the ballot papers being sent out two days late it was decided to extend the ballot period by two days with the ballot closing noon 4 February 2019 and the parties were informed of this decision.

8) The QIP reported to the CAC on 4 February 2019 that out of 56 workers eligible to vote, thirty five (35) ballot papers had been returned. All thirty five (35) workers had voted to support the proposal that the Union be recognised for the purposes of collective bargaining with the Employer. The number of votes supporting the proposal as a percentage of the bargaining unit was 62.5%.

9) The CAC informed the Employer and the Union on 4 February 2019 of the result of the ballot in accordance with paragraph 29(2) of the Schedule.

3. Declaration of Recognition

10) 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.

11) 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 warehouse staff up to and excluding Team leaders, Office staff, managers and personal contract holders”.

Panel

Professor Kenny Miller, Chair of the Panel

Mrs Maureen Chambers

Ms Virginia Branney

05 February 2019