Decision

Declaration Decision

Updated 7 March 2024

Applies to England, Scotland and Wales

Case Number: TUR5/001(2023)

7 March 2024

CENTRAL ARBITRATION COMMITTEE

TRADE UNION AND LABOUR RELATIONS (CONSOLIDATION) ACT 1992

SCHEDULE A1 - COLLECTIVE BARGAINING: DERECOGNITION WHERE RECOGNITION AUTOMATIC

DECLARATION THAT THE BARGAINING ARRANGEMENTS ARE NOT BROUGHT TO AN END

The Parties:

Noble Foods

and

Unite the Union

1. Introduction

1)         Noble Foods (the Employer) submitted an application to the CAC dated 20 November 2023 that a secret ballot be held to determine whether the bargaining arrangements with Unite the Union (the Union) should be ended where recognition without a ballot had previously been declared by the CAC on 21 October 2020. The Union is recognised by the Employer as entitled to conduct collective bargaining on behalf of a bargaining unit comprising “all factory operatives working in Butchery, Hob, EV, Matt Chill, Packing, Tray Wash, Despatch, Line Leaders, Team Leaders, Hygiene and Technical.” The location of the bargaining unit is “Noble Foods Limited, Corringham Road, Gainsborough, Lincolnshire, DN21 1QH.” The application was received by the CAC on 21 November 2023 and the CAC gave both parties notice of receipt of the application by a letter of the same date. The Union submitted a response to the CAC dated 29 November 2023 which was copied to the Employer.

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 Mr Rohan Pirani, Panel Chair, and, as Members, Mrs Susan Jordan and Mr Paul Noon. The Case Manager appointed to support the Panel was Joanne Curtis.

3)         By a decision dated 14 December 2023 the Panel accepted the Employer’s application. The Panel having been satisfied that fewer than half of the workers constituting the bargaining unit were members of the union, gave notice in accordance with paragraph 117 of the Schedule that it intended to arrange for the holding of a secret ballot in which the workers constituting the bargaining unit would be asked whether they wanted the Union to continue to conduct collective bargaining on their behalf. The parties were also asked for their views on the form the ballot should take. Both the Employer and the Union requested a workplace ballot with a postal element for those workers known in advance to be absent from the workplace on the day of the ballot. 

2. The Ballot

4)         On 1 February 2024 UK Engage was appointed as the Qualified Independent Person (QIP) to conduct the ballot and the parties were notified accordingly. The workplace ballot was to take place in the week commencing 19 February 2024. Postal ballot papers for those workers known in advance to be absent on the days of the workplace ballot were dispatched on 19 February 2024 to be returned to the QIP by no later than Noon on 29 February 2024.

5)         The QIP reported to the CAC on 29 February 2024 that, of the 189 workers eligible to vote, there had been 151 votes cast. In answer to the question “do you want Unite the Union to be derecognised for the purposes of collective bargaining on your behalf?” 57 workers, that is 37.75% of those voting, had voted yes, the Union should be derecognised for the purposes of collective bargaining with the Employer.  94 workers, that is 62.25% of those voting had voted no.  The number of votes supporting the proposal to derecognise the Union for the purposes of collective bargaining as a percentage of the bargaining unit was 30.16%.

6)         The CAC informed the Employer and the Union on 4 March 2024 of the result of the ballot in accordance with paragraph 121(2) of the Schedule.

3. Declaration that the bargaining arrangements are to continue

7)         The ballot did not establish that a majority of workers who voted in the ballot supported the proposal that the Union should be de-recognised by the Employer and the bargaining arrangements ended. As a result, and in accordance with paragraph 121(4)^{[footnote 1]}, the CAC must refuse the application made under paragraph 128(2).

Panel

Mr Rohan Pirani, Panel Chair

Mrs Susan Jordan

Mr Paul Noon.

7 March 2024

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1. Paragraph 121(4) was amended by paragraph 133(2)(b) to include an additional reference to paragraph 128 applications ↩