Recognition Decision
Updated 20 April 2021
Applies to England, Scotland and Wales
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Case Number: TUR1/1215(2021)
20 April 2021
CENTRAL ARBITRATION COMMITTEE
TRADE UNION AND LABOUR RELATIONS (CONSOLIDATION) ACT 1992
SCHEDULE A1 - COLLECTIVE BARGAINING: RECOGNITION DECLARATION OF RECOGNITION WITHOUT A BALLOT
The Parties:
RMT
and
Briggs Marine Contractors Ltd
1. Introduction
1) The National Union of Rail, Maritime & Transport Workers (RMT) (the Union) submitted an application to the CAC that it should be recognised for collective bargaining purposes by Briggs Marine Contractors Ltd (the Employer) for a bargaining unit described as: “All Able Seaman, Coxswain and Senior Coxswain grades employed at Liverpool Port”. The application was received by the CAC on 22 March 2021 and the CAC gave both parties notice of receipt of the application on the same day. The Employer submitted a response to the CAC dated 24 March 2021 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 Charles Wynn-Evans, Panel Chair, and, as Members, Mr Alastair Kelly and Ms Virginia Branney. The Case Manager appointed to support the Panel was Linda Lehan.
3) By a decision dated 12 April 2021, the Panel accepted the Union’s application. Although the parties had not agreed the bargaining unit prior to the Union’s application, in its response to the application the Employer stated that it agreed with the proposed bargaining unit.
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 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) states that “membership evidence” 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
5) In a letter dated 12 April 2021 the Union was asked by the CAC if it claimed majority membership within the bargaining unit, and if so, whether it submitted that it should be recognised without a ballot. By email dated 14 April 2021 the Union stated that it was claiming that it had majority membership within the bargaining unit and therefore submitted that it should be granted recognition without the need for a ballot.
6) On 14 April 2021 the Union’s letter was copied to the Employer and it was invited to make submissions on the Union’s claim to majority membership and the three qualifying conditions specified in paragraph 22(4) of the Schedule.
4. The views of the Employer
7) No comments were received from the Employer.
5. Considerations
8) As set out in paragraph 4 above, the Act requires the Panel to consider whether it is satisfied that the majority of the workers constituting the bargaining unit are members of the Union. If the Panel is satisfied that the majority of the workers constituting the bargaining unit are members of the Union, it must then decide if any of the three conditions in paragraph 22(4) is fulfilled. If the Panel considers that any of them is fulfilled it must give notice to the parties that it intends to arrange for the holding of a secret ballot.
9) A membership check carried out by the Case Manager for the purposes of the Panel’s decision on acceptance, the result of which was reported to the Panel and the parties on 31 March 2021, showed that 22 of the 24 workers in the bargaining unit were members of the Union, a membership level of 91.67%. In the absence of any evidence to the contrary, the Panel is satisfied that the majority of the workers in the bargaining unit are members of the Union.
6. 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.
7. 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 Panel has received no such evidence and is therefore satisfied that this condition does not apply.
8. 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. The Panel has received no such evidence and is therefore satisfied that this condition does not apply.
9. Declaration of recognition
13) The Panel is satisfied, in accordance with paragraph 22(1)(b) of the Schedule, that the 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 are satisfied. 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 Able Seaman, Coxswain and Senior Coxswain grades employed at Liverpool Port”.
Panel
Mr Charles Wynn-Evans, Panel Chair
Mr Alastair Kelly
Ms Virginia Branney
20 April 2021