Decision

Recognition Decision

Updated 9 October 2019

Case Number: TUR1/1135 (2019)

09 October 2019

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

Carlisle Support Services

1. Introduction

1) RMT (the Union) submitted an application to the CAC that it should be recognised for collective bargaining by Carlisle Support Services (the Employer) for a bargaining unit comprising “Revenue Security Officers (RSOs), Revenue Protection Inspectors (RPIs), Reliefs and Pushbacks employed by Carlisle Support Services on the Arriva Rail London Contract”. The application was received by the CAC on 30 August 2019 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 6 September 2019 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 Chairman established a Panel to deal with the case. The Panel consisted of Mr James Tayler, Panel Chair, and, as Members, Mr Len Aspell and Mr Paul Noon OBE. The Case Manager appointed to support the Panel was Linda Lehan.

3) By a decision dated 18 September 2019, the Panel accepted the Union’s application. As the bargaining unit had been agreed by the parties the Panel instructed the Case Manager to ascertain whether the Union claimed that it had a majority of the workers in the bargaining unit as its members and should therefore be granted recognition without a ballot and, if it did so claim, to seek submissions from the Employer on whether or not a ballot should be held. .

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 18 September 2019 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 an email dated 20 September 2019 the Union stated that its membership constituted 58.7% of the agreed bargaining unit and that members had joined with the express purpose of gaining recognition for collective bargaining rights for the RMT. Given this the Union asked the Panel to award automatic recognition for collective bargaining to the RMT.

6) On 25 September 2019 the Union’s email 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. Views of the Employer

7) In a telephone conversation with the Case Manager on the 7 October 2019 the Employer confirmed that it had no comments.

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) The level of union membership in the bargaining unit has been established by way of a membership check conducted by the Case Manager on 12 September 2019 as representing 58.7% of the agreed bargaining unit. Accordingly, the Panel accepts that the majority of 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 CAC has no such evidence and 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. No such evidence has been produced, and 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 met. Pursuant to paragraph 22(2) of the Schedule, the CAC must 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 particularised in paragraph 1 of this decision.

Panel

Mr James Tayler, Panel Chair

Mr Len Aspell

Mr Paul Noon OBE.

09 October 2019