Decision

Recognition Decision

Updated 31 December 2021

Applies to England, Scotland and Wales

Case Number: TUR1/1220(2021)

31 December 2021

CENTRAL ARBITRATION COMMITTEE

TRADE UNION AND LABOUR RELATIONS (CONSOLIDATION) ACT 1992

SCHEDULE A1 - COLLECTIVE BARGAINING: RECOGNITION

DECLARATION OF RECOGNITION

The Parties:

University and College Union

and

Study Group Limited

1. Introduction

1) The University and College Union (the UCU or the Union) submitted an application to the CAC received on 7 May 2021 that it should be recognised for collective bargaining by Study Group Limited (the Employer) for a bargaining unit comprising the “All teaching staff below the grade of Head of Subject and all Progression Support Staff at Sussex ISC”.

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 Derek Devereux and Mr Paul Morley. The Case Manager appointed to support the Panel was Linda Lehan.

3) By a decision dated 11 June 2021 the Panel accepted the Union’s application. Following this decision the parties were unable to reach agreement on the appropriate bargaining unit. At a hearing to determine the issue on 18 August 2021, the Panel decided that the appropriate bargaining unit was “All academic/teaching staff employed by the Employer Study Group Limited at the Sussex International Study Centre excluding Senior Managers at the level of Head of Subject and above”. This bargaining unit differed from the bargaining unit proposed by the Union in that it excluded the Progression Support Staff at Sussex International Study Centre.

4) As the determined bargaining unit differed from that proposed by the Union in its application, the Panel was required by paragraph 20 of Schedule A1 to the Act (the Schedule) to decide whether the Union’s application was valid or invalid within the terms of paragraphs 43 to 50 of the Schedule. By a decision dated 7 October 2021 the Panel determined that the application was valid for the purposes of paragraph 20 and that the CAC would therefore proceed with the application.

5) On 7 October 2021 the Panel, not being satisfied that a majority of the workers constituting the determined bargaining unit were members of the Union, gave notice in accordance with paragraph 23(2) of the Schedule that it intended to arrange for the holding of a secret ballot. 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) and 24(6), before arranging a secret ballot. The parties were also asked for their views on the form the ballot should take.

6) The notification period under paragraph 24(5) and 24(6) of the Schedule ended on 21 October 2021. The CAC was not notified by the Union or by both parties jointly that they did not want the ballot to be held, under paragraph 24(2). The Panel, having considered the parties’ views decided that a postal ballot should take place. This decision was made in accordance with paragraph 25(4) of the Schedule and the parties were informed accordingly.

2. The Ballot

7) IPA was appointed as QIP on 19 November 2021 to conduct the ballot and the parties were notified accordingly. The postal ballot papers were despatched on 6 December 2021 to be returned by no later than noon on 22 December 2021, the day that the ballot closed.

8) The QIP reported to the CAC on 22 December 2021 that out of 77 workers eligible to vote, ballot papers had been returned by 57 workers with no ballot papers found to be spoilt. 54 workers, that is 94.74% of those voting, had voted to support the proposal that the Union be recognised for the purposes of collective bargaining with the Employer. 3 workers, that is 5.26% of those voting, voted to reject the proposal. The number of votes supporting the proposal as a percentage of the bargaining unit was 70.13%.

9) The CAC informed the Employer and the Union on 24 December 2021 of the result of the ballot in accordance with paragraph 29(2) of the Schedule.

3. Declaration of Recognition

10) The ballot establishes that a majority of the workers voting and at least 40% of the workers constituting the bargaining unit support the proposal that the Union should be recognised by the Employer for the purpose of conducting collective bargaining in respect of the bargaining unit. This satisfies the conditions under which the CAC must issue a declaration in favour of recognition in accordance with paragraph 29(3) of the Schedule.

11) The CAC declares that the Union is recognised by the Employer as entitled to conduct collective bargaining on behalf of the bargaining unit comprising “All academic/teaching staff employed by the Employer Study Group Limited at the Sussex International Study Centre excluding Senior Managers at the level of Head of Subject and above”.

Panel

Mr Stuart Robertson, Panel Chair

Mr Derek Devereux

Mr Paul Morley

31 December 2021