Recognition Decision
Updated 4 November 2024
Applies to England, Scotland and Wales
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Case Number: TUR1/1384(2024)
1 November 2024
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:
Prospect
and
ECEBS
1. Introduction
1) Prospect (the Union) submitted an application to the CAC dated 17 January 2024 that it should be recognised for collective bargaining purposes by ECEBS (the Employer) in respect of a bargaining unit comprising “all staff in grades of Manager and below (excluding senior management i.e., heads of departments and above) and in the following departments within, ECEBS. Admin, Technical (including Development and Engineering Operations), Sales Support, Product management, Risk management.” The location of the bargaining unit was given as “The Torus Building, Rankine Avenue, Scottish Enterprise Technology Park, East Kilbride, Glasgow, G75 0QF.” The application was received by the CAC on 17 January 2024 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 24 January 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 Mrs Lisa Gettins, Panel Chair, (who replaced Mrs Sarah Havlin), and, as Members, Mr Alistair Paton and Mr Matt Smith. The Case Manager appointed to support the Panel was Joanne Curtis.
3) By a decision dated 12 February 2024 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. As no agreement was reached, the 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.
4) On 24 July 2024, the Panel, satisfied that a majority of the workers constituting the bargaining unit were not members of the Union, gave notice in accordance with paragraph 23(2) of Schedule A1 to the Act (the Schedule) that it intended to arrange for the holding of a secret ballot in which the workers constituting the bargaining unit would be asked whether they wanted the Union to conduct collective bargaining on their behalf. 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), before arranging a secret ballot.
5) The notification period under paragraph 24(5) of the Schedule ended on 6 August 2024. The CAC was not notified by either of the parties that they did not want a ballot to be held, as per paragraph 24(2). The parties were also asked for their views on the form the ballot should take place and both parties agreed to a postal ballot.
6) The Panel directed that IPA should be appointed as the Qualified Independent Person (QIP) to conduct the ballot.
2. The Ballot
7) IPA was appointed as QIP on 30 September 2024 to conduct the ballot and the parties were notified accordingly. The postal ballot papers were despatched on 10 October 2024, to be returned by no later than noon on 28 October 2024, the day that the ballot closed.
8) There were 11 workers in the bargaining unit and 8 votes were cast. Of those 8 workers voting, 2 voted in favour of recognition and 6 voted against recognition. Therefore 18% of the workers in the bargaining unit were in favour of recognition.
9) The CAC informed the Employer and the Union on 31 October 2024 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 establishes that recognition of the Union is not supported by a majority of the workers voting and so, in accordance with paragraph 29(4) of the Schedule, the CAC declares that the Union is not recognised as entitled to conduct collective bargaining on behalf of the bargaining unit.
Panel
Mrs Lisa Gettins, Panel Chair.
Mr Alistair Paton.
Mr Matt Smith.
1 November 2024