Decision

Recognition Decision

Updated 16 March 2023

Applies to England, Scotland and Wales

Case Number: TUR1/1272(2022)

16 March 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:

Public and Commercial Services Union

and

Mitie Limited

1. Introduction

1) The Public and Commercial Services Union (the Union) submitted an application to the Central Arbitration Committee (the CAC) which was received on 30 May 2022 that it should be recognised for collective bargaining by Mitie Limited ^{[footnote 1]} (the Employer) for a bargaining unit comprising

“Security personnel, facilities management staff (cleaning and maintenance), catering/kitchen staff and mail room staff working for Mitie at Abercrombie House, Foreign Commonwealth and Development Office (FCDO), Eaglesham, East Kilbride G75 8EA.

For the purposes of this definition ‘staff’ covers the following job roles (or similar titles in these areas of work); Cleaners/housekeeping/cleaning team leader, Security guards/ operatives, Security supervisors/line managers, Maintenance workers, Mail/post room operative/staff, Catering/Kitchen general assistants, Catering/Kitchen chefs/supervisors.”

The CAC gave both parties notice of receipt of the application on 30 May 2022. The Employer submitted a response to the CAC dated 8 June 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 Mr Stuart Robertson, Panel Chair, and, as Members, Mr Alistair Paton and Mr Paul Morley. The Case Manager appointed to support the Panel was Kate Norgate and subsequently Kaniza Bibi.

3) By its written decision dated 5 August 2022 the Panel accepted the Union’s application. Following this decision the parties were unable to reach agreement as to the appropriate bargaining unit. Both parties were invited to supply the Panel with, and to exchange, written submissions relating to the question of the determination of the appropriate bargaining unit. After the parties had done this, a virtual hearing was held on 25 November 2022. In light of an unexpected issue whether certain management roles fell within the scope of the proposed bargaining unit, the Panel, having sought the parties’ views, adjourned the hearing to allow time for the parties to consider and discuss the issue of the management roles. The hearing was reconvened as a virtual hearing on 27 January 2023. In a decision dated 14 February 2023 the Panel decided that the appropriate bargaining unit was that proposed by the Union in its application as amended during this hearing, namely:

“Security personnel, facilities management staff (cleaning and maintenance), catering/kitchen staff and mail room staff working for Mitie at Abercrombie House, Foreign Commonwealth and Development Office (FCDO) Eaglesham Road, East Kilbride, G75 8EA.

For the purposes of this definition ‘staff’ covers the following job roles (or similar titles in these areas of work):

• Cleaners/housekeeping/cleaning team leader

• Security guards/operatives

• Security supervisors/line managers

• Maintenance workers

• Mail/post room operative/staff

• Catering/Kitchen general assistants

• Catering/Kitchen chefs/supervisors

• All ‘first line’ management roles, namely; Chef Manager (also referred to as Catering Manager), Cleaning Manager, Security Duty Manager, and Site Security Manager (also referred to as Abercrombie Site Manager, but excluding the Workplace Manager (also referred to as Facilities Manager).”

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 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 14 February 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 a letter dated 17 February 2023 stated that the Union’s position was that it had majority membership within the bargaining unit. The membership check carried out by the CAC on 23 June 2022 indicated that there were 32 workers on the Employer’s list of workers within the proposed bargaining unit and that 20 of those workers were union members. It went on to state that as of today’s date, the Union’s membership database showed that it still had 20 members within the bargaining unit. Therefore, the proportion of union members in the bargaining unit was 59.38%.

6) The Union’s position was that the conditions specified in paragraph 22(4) of the Schedule were clearly not fulfilled. The Employer had not taken any issue with the results of the CAC’s membership check and had previously indicated that the only obstacle to recognition was the definition of the bargaining unit, which the CAC had now resolved. The Union submitted that holding a ballot would not be in the interests of good industrial relations because it would be likely to cause delay, which was likely to sour industrial relations. Further, campaigning in the run up to a ballot was likely to polarise views and stoke up feelings, which was also likely to further worsen industrial relations. Accordingly, the Union submitted that recognition should be granted without a ballot.

7) The Union also requested that, in any future decisions by the CAC, the correct name of the Employer was amended from Mitie Group PLC to Mitie Limited. The Union understood that this issue was not contentious, in that it was raised in the submissions filed by the Union on 11 November 2022 and, in its further submissions dated 27 January 2023, the Employer indicated that the name of the Employer was Mitie Limited.

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

8) On 20 February 2023 the CAC copied the Union’s letter of 17 February 2023 to the Employer and the Employer was invited 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. The Employer was also asked for its comments on the Union’s point regarding its correct name.

9) In a letter dated 3 March 2023 the Employer stated that, in the circumstances, it was willing to agree to recognise the Union without a ballot. On 3 March 2023 the Employer was asked to confirm whether the correct name of the Employer was Mitie Limited rather than Mitie Group PLC as submitted by the Union in its letter of 17 February 2023. In an email dated 10 March 2023 the Employer confirmed that it had no objection to the name being changed to Mitie Limited. As it was not disputed, the Panel agreed to amend the name of the Employer to Mitie Limited.

5. Considerations

10) 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 so satisfied, 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.

11) The membership and support check conducted on 23 June 2022 showed that there were 19 Union members in a 32 worker bargaining unit, a membership level of 59.38%. The Employer has not challenged the Union’s claim to majority membership and the Panel accordingly accepts that the majority of workers in the bargaining unit are members of the Union.

12) The Panel has considered the submissions of both parties in reaching its decision as to whether any of the qualifying conditions laid down in paragraph 22(4) of the Schedule is fulfilled.

6. Paragraph 22(4) (a)

13) 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.

7. Paragraph 22(4) (b)

14) 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.

8. Paragraph 22(4) (c)

15) 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.

9. Declaration of recognition

16) 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:

“Security personnel, facilities management staff (cleaning and maintenance), catering/kitchen staff and mail room staff working for Mitie at Abercrombie House, Foreign Commonwealth and Development Office (FCDO) Eaglesham Road, East Kilbride, G75 8EA.

For the purposes of this definition ‘staff’ covers the following job roles (or similar titles in these areas of work):

• Cleaners/housekeeping/cleaning team leader

• Security guards/operatives

• Security supervisors/line managers

• Maintenance workers

• Mail/post room operative/staff

• Catering/Kitchen general assistants

• Catering/Kitchen chefs/supervisors

• All ‘first line’ management roles, namely; Chef Manager (also referred to as Catering Manager), Cleaning Manager, Security Duty Manager, and Site Security Manager (also referred to as Abercrombie Site Manager, but excluding the Workplace Manager (also referred to as Facilities Manager).”

Panel

Mr Stuart Robertson, Panel Chair

Mr Alistair Paton

Mr Paul Morley

16 March 2023

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1. In its application the Union identified the Employer as Mitie Group Plc. This has since been corrected with the agreement of the Employer to Mitie Limited. ↩