Decision

Recognition Decision

Updated 13 November 2024

Applies to England, Scotland and Wales

Case Number: TUR1/1390(2024)

12 November 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:

University and College Union

and

INTO Exeter University LLP

1. Introduction

1)         The University and College Union (the Union) submitted an application to the CAC on 21 February 2024 that it should be recognised for collective bargaining purposes by INTO Exeter University LLP (the Employer) in respect of a bargaining unit comprising “Academic Staff (below College Director and Including Pre-Sessional Academic Staff).”  The location of the bargaining unit was given as “Exeter University Campus, University of Exeter, INTO Building, Stocker Road, EX4 4PY.” The application was received by the CAC on 21 February 2024 and the CAC gave both parties notice of receipt of the application by letter of the same date.  The Employer submitted a response to the CAC dated 7 March 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 Mr Rohan Pirani, Panel Chair, and, as Members, Mr Derek Devereux and Ms Joanna Brown.  The Case Manager appointed to support the Panel was Kate Norgate.

3)         By a decision dated 9 April 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. In an email to the Case Manager dated 2 October 2024 the Union said that the parties had reached agreement as to the appropriate bargaining unit, namely: “all teaching employees, including teachers, Assistant Academic Managers and Academic Managers employed at INTO University of Exeter.”  Both parties also confirmed that the description now agreed did not change the job role family that the Union originally sought recognition for, and that the revised wording merely clarified the job roles under academic staff.   The agreed bargaining was therefore the same as that proposed by the Union in its application.

2. Issues

4)         The next stage of the procedure required the Panel to decide whether a majority of the workers in the bargaining unit are members of the Union. Paragraph 22 of 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 and submission that it should be recognised without a ballot

5)         In a letter dated 10 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 e-mail dated 16 October 2024, stated that it had conducted regular membership checks during the process and that its most recent list demonstrated that it had majority membership within the bargaining unit.  The Union said that it had worked closely with INTO Exeter representatives to ensure that those who had left or were leaving under voluntary redundancy in September had been factored into its current list.   The Union believed that it should therefore be granted recognition without a ballot. 

4. The Membership Check

6)         To assist in deciding whether to arrange for a secret ballot under the Schedule the Panel proposed an independent check of the level of union membership within the bargaining unit. It was explicitly agreed with all parties that, to preserve confidentiality, the respective lists would not be copied to the other party and that agreement was confirmed in a letter dated 16 October 2024 from the Case Manager to both parties. The information from the Union was received on 17 October 2024 and from the Employer on 18 October 2024. The Panel is satisfied that the check was conducted properly and impartially and in accordance with the agreement reached with the parties.

7)         The Union provided a spreadsheet with the details of 40 members The Employer provided a spreadsheet with the details of 49 workers.  According to the Case Manager’s report, the number of Union members in the bargaining unit was 31, a membership level of 63.27%%.

8)         A report of the result of the membership check was circulated to the Panel and the parties on 23 October 2024.     The letter sent to the Employer also invited the Employer to make submissions in relation to the three qualifying conditions specified in paragraph 22(4) of the Schedule and set out in paragraph 4 above. No submissions relating to the qualifying conditions were received from the Employer.    

5. Considerations

9)         The Act 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 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. 

10)       As stated in paragraph 7 above, the membership check conducted by the Case Manager showed that 63.27% of the workers in the bargaining unit were members of the Union.  The Panel is satisfied that a majority of the workers in the bargaining unit are members of the Union.

11)        The Panel has considered carefully whether any of the qualifying conditions set out in paragraph 22(4) of the Schedule is fulfilled.

12)       The first condition is that the Panel is satisfied that a ballot should be held in the interests of good industrial relations.  The Panel has not received any evidence that a ballot should be held in the interests of good industrial relations and is not satisfied that this condition is fulfilled.

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 Panel has no such evidence and the Panel has therefore concluded that this condition does not apply.

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 the Panel has therefore concluded that 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 fulfilled. 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 teaching employees, including teachers, Assistant Academic Managers and Academic Managers employed at INTO University of Exeter”.

Panel

Mr Rohan Pirani, Panel Chair

Mr Derek Devereux

Ms Joanna Brown

12 November 2024