Decision

Recognition Decision

Updated 30 January 2023

Applies to England, Scotland and Wales

Case Number: TUR1/1269/2022

13 July 2022

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 (UCU)

and

University of Brighton

1. Introduction

1) UCU (the Union) submitted an application to the CAC dated 18 May 2022 that it should be recognised for collective bargaining purposes by the University of Brighton (the Employer) in respect of a bargaining unit comprising “Professors employed by the University on a professorial contract.” The location of the bargaining unit was given as “All Brighton University campuses.” The application was received by the CAC on 18 May 2022 and the CAC gave both parties notice of receipt of the application on 19 May 2022. The Employer submitted a response to the CAC dated 25 May 2022 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 Professor Gillian Morris, Panel Chair, and, as Members, Mr Nicholas Childs and Mr Roger Roberts. The Case Manager appointed to support the Panel was Kate Norgate.

3) By a decision dated 17 June 2022 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 28 June 2022 the Employer confirmed that the Union’s proposed bargaining unit was an appropriate bargaining unit.

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:

• the CAC is satisfied that a ballot should be held in the interests of good industrial relations;

• 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;

• 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) 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.

5) In a letter from the Case Manager to the parties dated 21 June 2022 the parties were informed that the Panel was satisfied that a majority of the workers constituting the bargaining unit were members of the Union for the purposes of paragraph 22(1) of the Schedule. ^{[footnote 1]} The Employer was invited to make submissions on the qualifying conditions set out in paragraph 4 above.

3. Summary of the Employer’s submissions on the qualifying conditions

6) In an e-mail to the Case Manager dated 28 June 2022 the Employer stated that it would like the CAC to consider that a ballot should be held in the interests of good industrial relations. The Employer said that it did not believe that the workers in the bargaining unit were aware of the areas that any statutory recognition would actually cover so they were able to make a fully informed decision.  The Employer said that its understanding was that it would be limited to pay, hours and holiday and that it did not believe that this had been communicated by the Union.

4. Summary of the Union’s comments on the Employer’s submissions

7) The Union was invited to comment on the Employer’s submissions set out in paragraph 6 above. In an e-mail to the Case Manager dated 6 July 2022 the Union said that it had fully discussed with its members in the bargaining unit what both statutory recognition and an extension of the current voluntary recognition arrangements would mean.

5. Considerations

8) 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.

9) The membership check issued by the Case Manager on 8 June 2022, described in paragraphs 18-20 of the acceptance decision dated 17 June 2022, showed that 54.35% of the workers in the bargaining unit were members of the Union. The Panel is satisfied that this check was conducted properly and impartially and is satisfied that a majority of the workers in the bargaining unit are members of the Union.

10) The Panel has considered carefully 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.

11) 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 considered the submissions put forward by both parties and is not satisfied that a ballot should be held in the interests of good industrial relations. The Panel notes the Employer’s submission that workers in the bargaining unit were not aware of the areas that statutory recognition would actually cover so as to enable them to make a fully informed decision. The Employer did not submit any evidence to substantiate this assertion, however, nor is there any evidence to this effect before the Panel from any other source.

12) 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. No such evidence has been produced and the Panel is satisfied that this condition does not apply.

13) 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 is satisfied that this condition does not apply.

6. Declaration of recognition

14) 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 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 comprising “Professors employed by the University on a professorial contract.”

Panel

Professor Gillian Morris, Panel Chair

Mr Nicholas Childs

Mr Roger Roberts

13 July 2022

1. The Panel’s conclusion was based on a membership check contained in a report by the Case Manager dated 8 June 2022 which showed that 25 of the 46 workers in the bargaining unit, representing a membership level of 54.35%, were members of the Union: see acceptance decision of 17 June 2022 paragraphs 18-20. ↩