Recognition Decision
Updated 15 July 2024
Applies to England, Scotland and Wales
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Case Number: TUR1/1410(2024)
12 July 2024
CENTRAL ARBITRATION COMMITTEE
TRADE UNION AND LABOUR RELATIONS (CONSOLIDATION) ACT 1992
SCHEDULE A1 - COLLECTIVE BARGAINING: RECOGNITION
DECLARATION OF RECOGNITION WITHOUT A BALLOT
The Parties:
Prospect
and
Bubble Chamber Ltd, The Prince Charles Cinema
1. Introduction
1) Prospect (the Union) submitted an application to the CAC on 3 June 2024 that it should be recognised for collective bargaining by Bubble Chamber Ltd, The Prince Charles Cinema (the Employer) for a bargaining unit comprising “All Front of House (FOH) staff, including Stage Managers and Duty Managers, employed by Bubble Chamber Ltd, The Prince Charles Cinema, 7 Leicester Place, London WC2H 7BY”. The location of the bargaining unit was given as “The Prince Charles Cinema (London).” The CAC gave both parties notice of receipt of the application on 3 June 2024. The Employer submitted a response to the CAC dated 11 June 2024 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 K.C., Panel Chair, and, as Members, Mr Derek Devereux and Mrs Anna Berry. The Case Manager appointed to support the Panel was Kate Norgate.
3) By a decision dated 28 June 2024 the Panel accepted the Union’s application. The parties had also confirmed that the Union’s proposed bargaining unit was an appropriate bargaining unit.
2. Issues
4) Paragraph 22 of the Schedule provides that, if the CAC is satisfied that a majority of the workers constituting the 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 it should be recognised without a ballot
5) In a letter dated 28 June 2024 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 28 June 2024, stated that it did claim to have majority membership within the bargaining unit and therefore submitted that it was seeking recognition without a ballot.
4. Summary of the Employer’s response to the Union’s claim and submission it should be recognised without a ballot
6) On July 2024 the CAC copied the Union’s e-mail of 28 June 2024 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 the three qualifying conditions specified in paragraph 22(4) of the Schedule.
7) As the Employer had not responded to the CAC by the stated deadline, the Case Manager contacted the Employer by telephone on 5 July 2025. The Employer confirmed that it did not wish to submit any comments on the qualifying conditions.
5. Considerations
8) The Act 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) In this case the membership check issued by the Case Manager on 14 June 2024 showed that 71.43% of the workers in the bargaining unit were members of the Union. The Panel is satisfied that this check was conducted properly and impartially and, in the absence of evidence to the contrary, is satisfied that a majority of the 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.
11) The first condition is that the Panel is satisfied that a ballot should be held in the interests of good industrial relations. No such evidence has been and produced that a ballot should be held in the interests of good industrial relations. The Panel has therefore concluded that this condition has not been satisfied.
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. No such evidence has been produced and the Panel has therefore concluded that this condition has not been satisfied.
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 the Panel has therefore concluded that this condition has not been satisfied.
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 “All Front of House (FOH) staff, including Stage Managers and Duty Managers, employed by Bubble Chamber Ltd, The Prince Charles Cinema, 7 Leicester Place, London WC2H 7BY”.
Panel
Ms Laura Prince K.C.
Mr Derek Devereux
Mrs Anna Berry
12 July 2024