Decision

Recognition Decision

Updated 21 September 2023

Applies to England, Scotland and Wales

Case Number: TUR1/1349(2023)

21 September 2023

CENTRAL ARBITRATION COMMITTEE

TRADE UNION AND LABOUR RELATIONS (CONSOLIDATION) ACT 1992

SCHEDULE A1 - COLLECTIVE BARGAINING: RECOGNITION

DECLARATION OF RECOGNITION WITHOUT A BALLOT

The Parties:

The Public and Commercial Services (PCS) Union

and

Mitie Limited

1. Introduction

1) The Public and Commercial Services (PCS) Union (the Union) submitted an application to the CAC dated 27 July 2023 that it should be recognised for collective bargaining purposes by Mitie Limited (the Employer) in respect of a bargaining unit comprising “the staff groups listed below, who are all employed by Mitie Ltd and work on the Cabinet Office contract at the following sites: 70 Whitehall, London, SW1A 2AS Admiralty House & Ripley Barrier, Whitehall, London SW1A 2AY 35 Great Smith Street, London SW1P 3BQ Dover House, Whitehall, London SW1A 2AU Building 5, 10 Downing Street, London SW1A 2AA 10 Victoria Street (COBRA reception), London SW1H 0NN. For the purposes of this definition ‘staff’ covers the following job roles (or similar titles in these areas of work): First-line managers, supervisors/team leaders and all staff they manage across the security, soft FM services and hard FM services lines of business, including: Security administrator, supervisors/team leaders and first-line managers Security guards/operatives (including Relief Team and CORE Operatives) Security receptionists and other support and administrative roles All facilities management roles in soft and hard services All other receptionists/front of house roles Workplace assistants and facilities assistants Logistics: Messengers (floor, ministerial and driver), distribution clerk, and porters, mail/post room operatives/staff and all Logistics staff Reprographics: manager and operatives Cleaners: housekeeping operatives and workplace assistants/cleaning supervisor and cleaning manager Catering: Kitchen chefs and under-chefs, and porter/general assistants, Coffee shop, PMO and hospitality supervisors, catering and hospitality assistants, and baristas Hard FM services Manager, M&E supervisor, technical supervisor, workplace supervisor Skilled technicians, multi-skilled maintenance technicians Handymen Plumbers Electrical apprentices/electricians Facilities co-ordinators, facilities assistants Maintenance workers and other hard FM services staff M&E operatives.” The location of the bargaining unit was given as “70 Whitehall, London, SW1A 2AS, Admiralty House & Ripley Barrier, Whitehall, London SW1A 2AY, 35 Great Smith Street, London SW1P 3BQ, Dover House, Whitehall, London SW1A 2AU, Building 5, 10 Downing Street, London SW1A 2AA and 10 Victoria Street (COBRA reception), London SW1H 0NN.” The application was received by the CAC on 27 July 2023 and the CAC gave both parties notice of receipt of the application by a letter of the same date. The Employer submitted a response to the CAC dated 3 August 2023 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 Mr Rohan Pirani, Panel Chair, and, as Members, Mr Mustafa Faruqi, and Ms Joanna Brown. The Case Manager appointed to support the Panel was Joanne Curtis.

3) By its written decision dated 23 August 2023 the Panel accepted the Union’s application. The parties then entered a period of negotiation in an attempt to reach agreement on the appropriate bargaining unit. On 19 September 2023 the Union informed the CAC that agreement had been reached as to the appropriate bargaining unit in this matter and the agreed bargaining unit was that as originally proposed by the Union and as particularised in paragraph 1 above. The Employer, in an email dated 20 September 2023, confirmed that agreement had been reached.

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 agreed bargaining unit are members of the union, 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 (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.

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

5) In its letter of 19 September 2023, the Union claimed majority membership within the bargaining unit and it stated that this was not disputed by the Employer. The Union further confirmed that neither party contended that any of the three qualifying conditions set out in paragraph 22(4) of the Schedule applied and therefore the CAC could proceed with issuing a declaration of recognition under paragraph 22(2).

4. The Employer’s response to the Union’s claim that it should be recognised without a ballot

6) In an email dated 20 September 2023 the Employer confirmed that agreement had been reached as to the appropriate bargaining unit and that it was the one originally proposed by the Union as set out in paragraph 1 of the Acceptance Decision. The Employer did not dispute that the Union had majority membership within the bargaining unit and it did not seek to submit that any of the three qualifying conditions set out in paragraph 22(4) of the Schedule A1 applied that would lead to a ballot being required and therefore the CAC could proceed with issuing a declaration of recognition under paragraph 22(2).

5. Considerations

7) 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.

8) The membership and support check conducted on 16 August 2023 confirmed that the level of union membership in the proposed bargaining unit was 56.47%. In its email to the CAC dated 20 September 2023 the Employer said that it did not dispute the fact that the majority of workers in the agreed bargaining unit were members of the Union. Accordingly, the Panel accepts that the majority of workers in the bargaining unit are members of the Union.

9) 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)

10) 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)

11) 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)

12) 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

13) 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 as particularised in paragraph 1 of this declaration.

Panel

Mr Rohan Pirani, Panel Chair

Mr Mustafa Faruqi

Ms Joanna Brown.

21 September 2023