Decision

Recognition Decision

Updated 17 July 2020

Case Number: TUR1/1183(2020)

17 July 2020

CENTRAL ARBITRATION COMMITTEE

TRADE UNION AND LABOUR RELATIONS (CONSOLIDATION) ACT 1992 SCHEDULE A1 - COLLECTIVE BARGAINING: RECOGNITION DECLARATION OF RECOGNITION WITHOUT A BALLOT

The Parties:

NEU & NASUWT

and

St. Bede’s School Trust

1. Introduction

1) NEU & NASUWT (the Unions) submitted an application requesting that they be recognised for collective bargaining by St. Bede’s School Trust (the Employer) for a bargaining unit comprising “Teachers and Newly Qualified Teachers employed at the following sites of St. Bede’s School Trust Sussex: Nursery; Prep; Senior and Sixth Form”. The location of the bargaining unit was given as Bedes Senior School, Upper Dicker, East Sussex BN27 3QH and Bedes Prep School, Duke’s Drive, Eastbourne, East Sussex BN20 7XL. The application was dated 1 June 2020 and was received by the CAC on 19 June 2020. The CAC gave both parties notice of receipt of the application on 19 June 2020. The Employer submitted a response to the CAC dated 25 June 2020 which was copied to the Unions.

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 Ms Laura Prince, Panel Chair, and, as Members, Mr Len Aspell and Mr David Coats. The Case Manager appointed to support the Panel was Nigel Cookson.

3) By a decision dated 3 July 2020 the Panel accepted the Unions’ application. Although the parties had not reached agreement as to the appropriate bargaining unit prior to the application being lodged with the CAC the Employer, in its response to the application dated 25 June 2020, stated that it now agreed the composition of the bargaining unit and so the Panel moved immediately to the question as to whether or not a secret ballot should be held.

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 Unions 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 (or unions) 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 (or unions) to conduct collective bargaining on their behalf.

5) Paragraph 22(5) states that “membership evidence” 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.

6) On 3 July 2020 the Unions were asked whether they were claiming majority membership within the bargaining unit and were therefore submitting that they should be granted recognition without a ballot.

7) In an email dated 8 July 2020 the Unions stated that the majority of employees in the proposed bargaining unit were members of either the NEU or the NASUWT. As the Unions together had majority membership within the bargaining unit the Unions therefore submitted that they should be granted recognition without a ballot.

8) The Unions’ email was copied to the Employer on 9 July 2020 and it was invited to make submissions on the Unions’ claim that they had majority membership within the bargaining unit and on the three qualifying conditions specified in paragraph 22(4) of the Schedule. The Employer replied by way of an email dated 10 July 2020 saying that it had no further submissions to make on the Unions’ claim to majority membership and on the qualifying conditions outlined in the CAC’s letter of 9 July 2020.

3. Considerations

9) The Act requires the Panel to consider whether it is satisfied that the majority of the workers constituting the bargaining unit are members of the Unions. If the Panel is satisfied that the majority of the workers constituting the bargaining unit are members of the Unions, it must then decide if any of the three conditions in paragraph 22(4) is fulfilled. If the Panel considers that any of them is fulfilled it must give notice to the parties that it intends to arrange for the holding of a secret ballot.

10) The Panel, under paragraph 22(1)(b) of the Schedule, has to be satisfied that a majority of workers constituting the bargaining unit are members of the Unions. Whilst no membership check has been undertaken the Panel takes into account that, although given the opportunity to challenge the Unions’ claim as to the density of their combined membership at the time it completed its response to the application on 25 June 2020, the Employer did not do so nor did it challenge the Unions’ subsequent claim to majority membership. Therefore, in the absence of any evidence to the contrary, the Panel is satisfied that the majority of the workers in the bargaining unit are members of the Unions.

11) The Panel has given thorough consideration to each of the qualifying conditions laid down in paragraph 22(4) of the Schedule.

12) The first condition is that the Panel is satisfied that a ballot should be held in the interests of good industrial relations. No evidence was provided by either party on this condition and the Panel is satisfied that this condition does not apply.

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 Unions to conduct collective bargaining on their behalf. The Employer did not address this point and no evidence was supplied in relation to this condition. The Panel concludes that this condition does not apply.

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 Unions to conduct collective bargaining on their behalf. No such evidence has been produced, and this condition does not apply.

4. Declaration of recognition

15) The Panel is satisfied in accordance with paragraph 22(1)(b) of the Schedule that the majority of the workers in the bargaining unit are members of the Unions. The Panel is satisfied that none of the conditions in paragraph 22(4) of the Schedule are met. Pursuant to paragraph 22(2) of the Schedule, the CAC must issue a declaration that the Unions are recognised as entitled to conduct collective bargaining on behalf of the workers constituting the bargaining unit. The CAC accordingly declares that the Unions are recognised by the Employer as entitled to conduct collective bargaining on behalf of the bargaining unit comprising “Teachers and Newly Qualified Teachers employed at the following sites of St. Bede’s School Trust Sussex: Nursery; Prep; Senior and Sixth Form”.

Panel

Ms Laura Prince, Panel Chair,

Mr Len Aspell,

Mr David Coats

17 July 2020