Recognition Decision
Updated 28 October 2024
Applies to England, Scotland and Wales
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Case Number: TUR1/1402(2024)
25 October 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:
RMT
and
Loram UK LTD
1. Introduction
1) RMT (the Union) submitted an application to the CAC on 30 April 2024 that it should be recognised for collective bargaining by Loram UK LTD (the Employer) for a bargaining unit comprising the “Shunter, Cleaner, Apprentice, Rog Technician, C4 Overhaul Technician, IM Technician, NMT Technician, Team Leader Routine Maintenance, Team leader projects, Painters, Welders, RGX Technicians, Side Tipper Technicians” based at Loram UK Limited, RTC Business Park, London Road, Derby, DE24 8UP. The CAC gave both parties notice of receipt of the application on 30 April 2024. The Employer submitted a response to the CAC dated 8 May 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 Naeema Choudry, Panel Chair, and, as Members, Mrs Susan Jordan, (replaced by Mr Mustafa Faruqi) and Mr Paul Morley. The Case Manager appointed to support the Panel was Kaniza Bibi.
3) By its written decision dated 3 June 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. A virtual hearing was held on 27 September 2024 and subsequently a decision was issued on 14 October 2024 where the Panel determined that the appropriate bargaining unit was as proposed by the Union, albeit with different job titles following the Employer’s restructuring in the undertaking. The determined bargaining is therefore Maintenance – Technicians (ROG technician), Maintenance– Train Presentation Technicians (cleaner ),Maintenance – Team Leader , New Build/Projects – Technician (C4 Overhauls), Painter, Welders RGX Technician, Side Tipper, New Build/Projects – Team Leader , New Build/Projects- Apprentices (apprentice), Rail Ops – Shunter/Senior Shunter (shunter).
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 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 to conduct collective bargaining on their behalf.
5) 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
6) In a letter dated 14 October 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 email dated 14 October 2024, stated: “In regard to the letter the RMT are confirming that we have the majority membership within the proposed collective bargaining unit and recognition should be granted without the need for a ballot. We will be more than happy to share with yourself our membership data if it is needed or would assist in making a decision which would confirm our membership levels in the proposed bargaining unit”.
4. Summary of the Employer’s response to the Union’s claim that it should be recognised without a ballot
7) On 15 October 2024 the CAC copied the Union’s email of 14 October 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 in relation to the three qualifying conditions specified in paragraph 22(4) of the Schedule.
8) In its response dated 21 October 2024 the Employer stated that “We have no further comments to make on this. As the original bargaining unit has been upheld by the panel who had already accepted the RMT’s original submission for the numbers of members, it would seem churlish and counter-productive to challenge this again”.
5. Considerations
9) 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 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.
10) The membership and support check conducted on 17 May 2024 showed that the number of union members in the proposed bargaining unit was 44 out of 80 workers in the bargaining unit, a membership level of 55.00%. Neither party has claimed that there have been any changes that would affect the level of membership. Accordingly, the Panel accepts that the majority of workers in the bargaining unit are members of the Union.
11) The Panel has considered 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.
Paragraph 22(4) (a)
12) 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.
Paragraph 22(4) (b)
13) 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.
Paragraph 22(4) (c)
14) 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.
6. Declaration of recognition
15) 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 of Maintenance – Technicians (ROG technician), Maintenance – Train Presentation Technicians (cleaner), Maintenance – Team Leader, New Build/Projects – Technician (C4 Overhauls), Painter, Welders RGX Technician, Side Tipper, New Build/Projects – Team Leader, New Build/Projects - Apprentices (apprentice), Rail Ops – Shunter/Senior Shunter (shunter).
Panel
Ms Naeema Choudry, Panel Chair
Mr Mustafa Faruqi
Mr Paul Morley
25 October 2024