Recognition Decision
Updated 19 January 2023
Applies to England, Scotland and Wales
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Case Number: TUR1/1291(2022)
19 January 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:
PCS
and
Old Royal Naval College
1. Introduction
1) PCS (the Union) submitted an application to the CAC dated 10 November 2022 that it should be recognised for collective bargaining purposes by Old Royal Naval College (the Employer) for a bargaining unit comprising “Front of House Team, with further clarity provided to the Employer on request of those members with front of house, visitor/customer facing role (Emails on clarity included)”. The location of the bargaining unit was given as Old Royal Naval College, King William Walk, London. The application was received by the CAC on 10 November 2022 and the CAC gave notice of receipt of the application to the parties that day. The Employer submitted a response to the CAC dated 18 November 2022 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 Laura Prince, Panel Chair, and, as Members, Mr Rob Lummis and Mr Steve Gillan. The Case Manager appointed to support the Panel was Kaniza Bibi
3) By its written decision dated 9 December 2022 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 23 December 2022 the parties notified the CAC that they had reached an agreement as to the appropriate bargaining unit and this was “Visitor Experience Assistants, who are the operational front of house workers that interact directly with visitors and are hourly paid”. This bargaining unit comprised the same workers as that originally proposed by the Union, albeit expressed in different terms.
2. Issues
4) Paragraph 22 of the 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 (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 a letter dated 4 January 2023 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 e-mail dated 5 January 2023, stated that “I can confirm that, as per the membership check conducted by the CAC and accepted by the Employer that PCS is claiming majority support within the bargaining unit for Union recognition. This is demonstrated by PCS having a majority membership within the BU, with members actively paying Union subscriptions. I note that the employer has confirmed that they have recruited an additional 4 staff in this area. With the addition of those 4 staff PCS would still, according to the membership check previously conducted, still have significantly over 50% membership density, but can confirm we continue to recruit in the area in any case”.
4. Summary of the Employer’s response to the Union’s claim that it should be recognised without a ballot
6) On 9 January 2023 the CAC copied the Union’s e-mail of 5 January 2023 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.
7) In its response dated 10 January 2023 the Employer stated that “I have no reason to believe that the addition of 4 new staff has affected the majority membership level required within the Bargaining Unit for Trade Union membership. The Foundation has not received contact from any staff within the Bargaining Unit asking for Trade Union to bargain on their behalf and the Foundation has not approached the Bargaining Unit about this process. As this is the case, I cannot confirm or deny whether staff within the Bargaining Unit wish the Union to conduct collective bargaining on their behalf”.
5. Considerations
8) 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.
9) The membership and support check conducted on 28 November 2022 had shown the Employer listing a total of 40 workers. As stated in the acceptance decision dated 9 December 2022, the Union had provided a spreadsheet listing 27 union members. The number of union members in the proposed bargaining unit was 25, a membership level of 62.50%. Accordingly, the Panel accepts that the majority of workers in the bargaining unit are members of the Union.
10) The Panel has considered carefully 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)
11) The first condition is that the Panel is satisfied that a ballot should be held in the interests of good industrial relations. The Employer mentioned good industrial relations in its comments but did not expand on this. 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)
12) 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)
13) 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
14) 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 “Visitor Experience Assistants, who are the operational front of house workers that interact directly with visitors and are hourly paid”.
Panel
Ms Laura Prince, Panel Chair
Mr Rob Lummis
Mr Steve Gillan
19 January 2023