Recognition Decision
Updated 11 November 2024
Applies to England, Scotland and Wales
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Case Number: TUR1/1431(2024)
11 November 2024
CENTRAL ARBITRATION COMMITTEE
TRADE UNION AND LABOUR RELATIONS (CONSOLIDATION) ACT 1992
SCHEDULE A1 - COLLECTIVE BARGAINING: RECOGNITION
DECLARATION OF RECOGNITION WITHOUT A BALLOT
The Parties:
IWGB
and
Sheffield Wildlife Trust
1. Introduction
1) IWGB (the Union) submitted an application to the CAC on 8 October 2024 that it should be recognised for collective bargaining by Sheffield Wildlife Trust (the Employer) for a bargaining unit comprising the “All directly employed staff of Sheffield and Rotherham Wildlife Trust below the grade of department manager. The unit includes programme managers and office manager, but excludes casual workers, Senior HR administrative officer the HR and Ops manager and the senior finance officer” based at Sheffield and Rotherham Wildlife Trust, 37 Stafford Rd, Sheffield, S2 2SF. The Union stated that the bargaining unit in its application differed from the original bargaining unit in the formal request for recognition as agreement had been reached with the Employer. The CAC gave both parties notice of receipt of the application on 9 October 2024. The Employer submitted a response to the CAC dated 15 October 2024 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, Mr Alastair Kelly and Mr Paul Moloney. The Case Manager appointed to support the Panel was Kaniza Bibi.
3) By its written decision dated 30 October 2024 the Panel accepted the Union’s application. As the Employer, in its response to the application, had stated its agreement to the proposed bargaining unit the CAC Panel had to decide whether a majority of the workers in the bargaining unit were members of the Union. If the Panel was not satisfied that the majority of the workers in the bargaining unit are members of the Union, then it must arrange for the holding of a ballot.
2. Issues
4) Paragraph 22 of Schedule A1 to the Act (the Schedule) provides that, if the CAC is satisfied that a majority of the workers constituting the bargaining unit are members of the unions, it must issue a declaration of recognition under paragraph 22(2) unless any of the three qualifying conditions specified in paragraph 22(4) applies. Paragraph 22(3) requires the CAC to hold a ballot even where it has found that a majority of workers constituting the bargaining unit are members of the union if any of these qualifying conditions is fulfilled. The three qualifying conditions are:
(i) the CAC is satisfied that a ballot should be held in the interests of good industrial relations;
(ii) the CAC has evidence, which it considers to be credible, from a significant number of the union members within the bargaining unit that they do not want the union to conduct collective bargaining on their behalf;
(iii) membership evidence is produced which leads the CAC to conclude that there are doubts whether a significant number of the union members within the bargaining unit want the union to conduct collective bargaining on their behalf.
5) Paragraph 22(5) provides that “membership evidence” for these purposes is:
(a) evidence about the circumstances in which union members became members, or
(b) evidence about the length of time for which union members have been members, in a case where the CAC is satisfied that such evidence should be taken into account.
3. The Union’s claim to majority membership and submission that it should be recognised without a ballot
6) In an email dated 30 October 2024 the Union was asked by the CAC whether it claimed majority membership within the bargaining unit and, if so, whether it submitted that it should be granted recognition without a ballot. The Union, in an email dated 30 October 2024, stated “The IWGB does claim a majority membership within the bargaining unit, as evidenced by the CAC’s check. Therefore, the Union submits that it should be granted recognition without a ballot”.
4. Summary of the Employer’s response to the Union’s claim that it should be recognised without a ballot
7) On 31 October 2024 the CAC copied the Union’s email of 30 October 2024 to the Employer and invited the Employer to make submissions in relation to the Union’s claim that it had majority membership within the bargaining unit and in relation to the three qualifying conditions specified in paragraph 22(4) of the Schedule.
8) In its response dated 5 November 2024 the Employer stated, “Thank you for your letter. We do not have any comments at this time”.
5. Considerations
9) The Schedule requires the Panel to consider whether it is satisfied that a majority of the workers constituting the bargaining unit are members of the Union. If the Panel is satisfied that a majority of the workers constituting the bargaining unit are members of the Union, it must declare the Union to be recognised as entitled to conduct collective bargaining on behalf of the workers constituting the bargaining unit unless it decides that any of the three qualifying conditions set out in paragraph 22(4) is fulfilled. If the Panel considers that any of those specific conditions is fulfilled, it must give notice to the parties that it intends to arrange for the holding of a secret ballot.
10) The membership and support check conducted on 21 October 2024 showed that the number of union members in the proposed bargaining unit was 34 out of 58 workers in the bargaining unit, a membership level of 58.62%. Neither party has claimed that there have been any changes that would affect the level of membership. Accordingly, the Panel accepts that the majority of workers in the bargaining unit are members of the Union.
11) The Panel has considered the submissions of both parties and all the evidence in reaching its decision as to whether any of the qualifying conditions laid down in paragraph 22(4) of the Schedule is fulfilled.
Paragraph 22(4) (a)
12) The first condition is that the Panel is satisfied that a ballot should be held in the interests of good industrial relations. In this case neither party has submitted evidence that holding a secret ballot would be in the interests of good industrial relations. The Panel is therefore satisfied that this condition does not apply.
Paragraph 22(4) (b)
13) The second condition is that the CAC has evidence, which it considers to be credible, from a significant number of the union members within the bargaining unit that they do not want the Union to conduct collective bargaining on their behalf. The CAC has no such evidence, and this condition does not apply.
Paragraph 22(4) (c)
14) The third condition is that membership evidence is produced which leads the CAC to conclude that there are doubts whether a significant number of the union members within the bargaining unit want the Union to conduct collective bargaining on their behalf. No such evidence has been produced, and this condition does not apply.
6. Declaration of recognition
15) The Panel is satisfied in accordance with paragraph 22(1)(b) of the Schedule that a majority of the workers constituting the bargaining unit are members of the Union. The Panel is satisfied that none of the conditions in paragraph 22(4) of the Schedule is met. Pursuant to paragraph 22(2) of the Schedule, the CAC must therefore issue a declaration that the Union is recognised as entitled to conduct collective bargaining on behalf of the workers constituting the bargaining unit. The CAC accordingly declares that the Union is recognised by the Employer as entitled to conduct collective bargaining on behalf of the bargaining unit comprising of “All directly employed staff of Sheffield and Rotherham Wildlife Trust below the grade of department manager. The unit includes programme managers and office manager, but excludes casual workers, Senior HR administrative officer the HR and Ops manager and the senior finance officer”.
Panel
Ms Naeema Choudry, Panel Chair
Mr Alastair Kelly
Mr Paul Moloney
11 November 2024