Recognition Decision

Question 1

1. Introduction

Accepted Answer

1) The Transport Salaried Staffs’ Association (the Union) submitted an application to the Central Arbitration Committee (the CAC) on 19 November 2024 that it should be recognised for collective bargaining by TransPennine Trains Limited (the Employer) for a bargaining unit comprising of “Operations Development Managers (sometimes referred to as Operational Development Managers), Driver Operations Managers and Driver Managers.” The location of the bargaining unit was given as “Glasgow, Preston, Liverpool, Manchester, Cleethorpes, Sheffield, Hull, Newcastle, York and Scarborough.” The CAC gave both parties notice of receipt of the application on 20 November 2024. The Employer submitted a response to the CAC dated 26 November 2024.

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. Stuart Robertson, Panel Chair, and, as Members, Mr. Alistair Paton and Mr. Paul Morley. The Case Manager appointed to support the Panel was Joanne Curtis.

3) By its written decision dated 18 December 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. On 28 January 2025 the parties notified the CAC that they had reached an agreement as to the appropriate bargaining unit and this was “Operations Development Managers (sometimes referred to as Operational Development Managers), Driver Operations Managers and Driver Managers.”

Question 2

2. Issues

Accepted Answer

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 (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.

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.

Question 3

3. The Union’s claim to majority membership and submission that it should be recognised without a ballot

Accepted Answer

6) In a letter dated 28 January 2025 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 January 2025, stated “as the employer has now accepted the Bargaining unit I can confirm that as per the previous ACAS membership check, the Petition that we carried out, the Membership check that the CAC carried out and our current membership records we believe/assert/claim that TSSA has the majority of staff in membership of the bargaining unit and that the majority desire collective bargaining from the TSSA.”

Question 4

4. Summary of the Employer’s response to the Union’s claim that it should be recognised without a ballot

Accepted Answer

7) On 29 January 2025 the CAC copied the Union’s e mail dated 28 January 2025 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 4 February 2025 the Employer stated, “we don’t have any further comments to make on the membership numbers within the bargaining unit. We are still hopeful to be in a position shortly to enter into meaningful discussions with TSSA regarding what a voluntary agreement could look like.”

Question 5

5. Considerations

Accepted Answer

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 5 December 2024 had shown the Employer listing a total of 42 workers in the bargaining unit. As stated in the acceptance decision dated 18 December 2024, the Union had provided a list of 30 union members. The number of union members in the proposed bargaining unit was 30 a membership level of 71.43%. Accordingly, the Panel accepts that the majority of workers in the bargaining unit are members of the Union.

11) The Panel has carefully 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.

Question 6

6. Declaration of recognition

Accepted Answer

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 “Operations Development Managers (sometimes referred to as Operational Development Managers), Driver Operations Managers and Driver Managers.”

Panel

Mr. Stuart Robertson, Panel Chair

Mr. Alistair Paton

Mr. Paul Morley

10 February 2025