Decision

Recognition Decision

Updated 8 October 2018

Case Number: TUR1/1047(2018)

05 October 2018

CENTRAL ARBITRATION COMMITTEE

TRADE UNION AND LABOUR RELATIONS (CONSOLIDATION) ACT 1992

SCHEDULE A1 - COLLECTIVE BARGAINING: RECOGNITION DECLARATION THAT THE UNION IS NOT ENTITLED TO BE RECOGNISED

The Parties:

PCS

and

BPDTS

1. Introduction

1) The PCS (the Union) submitted an application to the CAC which was received on 25 April 2018 that it should be recognised for collective bargaining by BPDTS (the Employer) for a bargaining unit comprising “All staff directly employed by BPDTS”. The CAC gave both parties notice of receipt of the application on 26 April 2018. The Employer submitted a response to the CAC dated 2 May 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 Chairman established a Panel to deal with the case. The Panel consisted of Mr James Tayler, Panel Chair, and, as Members, Ms Virginia Branney and Mr Robert Lummis. The Case Manager appointed to support the Panel was Nigel Cookson.

3) By a decision dated 4 June 2018, the CAC accepted the application. The parties then reached agreement as to the appropriate bargaining unit which comprised: “all staff directly employed by BPDTS below the level of Digital Service Practice Leads (DSPLs)”

4) As the agreed bargaining unit differed from that proposed by the Union in its application, the Panel was required by paragraph 20 of Schedule A1 to the Act (the Schedule) to decide whether the Union’s application was valid or invalid within the terms of paragraphs 43 to 50 of the Schedule. By a decision dated 24 July 2018 the Panel determined that the application was valid for the purposes of paragraph 20 and that the CAC would therefore proceed with the application.

5) On 24 July 2018 the Panel, not being satisfied that a majority of the workers constituting the agreed bargaining unit were members of the Union gave notice, in accordance with paragraph 23(2) of the Schedule, that it intended to arrange for the holding of a secret ballot. 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) and 24(6), before arranging a secret ballot. The parties were also asked for their views on the form the ballot should take.

6) The notification period under paragraph 24(5) and 24(6) of the Schedule ended on 6 August 2018. The CAC was not notified by the Union or by both parties jointly that they did not want the ballot to be held, as per paragraph 24(2). The parties disagreed as to the form that the ballot should take. The Panel, in a decision dated 8 August 2018, determined that the ballot would be a postal ballot and the parties were duly notified in accordance with paragraph 25(4) of the Schedule. The parties were then able to reach agreement as to access during the balloting period.

2. The Ballot

7) Mi-Voice was appointed as QIP on 31 August 2018 to conduct the ballot. The postal ballot papers were despatched on 17 September 2018 to be returned by no later than noon on 28 September 2018, the day that the ballot closed.

8) The QIP reported to the CAC on 28 September 2018 that out of 484 workers eligible to vote, 228 ballot papers had been returned: no ballot papers were found to be spoilt. One hundred and seventy-six (176) workers, that is 77.2% of those voting, had voted to support the proposal that the Union be recognised for the purposes of collective bargaining with the Employer. Fifty-two (52) workers, that is 22.8% of those voting, voted to reject the proposal. The number of votes supporting the proposal as a percentage of the bargaining unit was 36.4%.

9) The CAC informed the Employer and the Union on 1 October 2018 of the result of the ballot in accordance with paragraph 29(2) of the Schedule.

3. Declaration that the Union is not entitled to be recognised

10) The ballot did not establish that at least of 40% of the workers in the bargaining unit supported the proposal that the Union be recognised by the Employer for the purposes of collective bargaining.

11) In accordance with paragraph 29(4) of the Schedule, the CAC declares that the Union is not recognised by the Employer as entitled to conduct collective bargaining on behalf of the bargaining unit.

Panel

Mr James Tayler, Panel Chair

Mr Robert Lummis

Ms Virginia Branney

05 October 2018