Recognition Decision
Updated 19 September 2024
Applies to England, Scotland and Wales
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Case Number: TUR1/1421(2024)
19 September 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:
Unite the Union
and
AB-Inbev
1. Introduction
1) Unite the Union (the Union) submitted an application to the CAC on 12 August 2024 that it should be recognised for collective bargaining by AB-Inbev (the Employer) for a bargaining unit comprising of “All employees of ABInbev/Camden Town Brewery working at Morson Rd, Enfield EN3 4TJ, in all non-banded salary job roles”. The CAC gave both parties notice of receipt of the application on 12 August 2024. The Employer submitted a response to the CAC dated 19 August 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 Richard Fulham, and Mr Michael Clancy. The Case Manager appointed to support the Panel was Kaniza Bibi.
3) By its written decision dated 9 September 2024 the Panel accepted the Union’s application. As the Employer, in its response to the application, had stated its agreement to the proposed bargaining unit the CAC Panel had to decide whether a majority of the workers in the bargaining unit were members of the Union. If the Panel was not satisfied that the majority of the workers in the bargaining unit are members of the Union, then it must arrange for the holding of a ballot.
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 an email dated 9 September 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 9 September 2024, stated “Considering the Panel’s decision is that the application is accepted by the CAC and Unite the Union hold 64.10% membership in the proposed bargaining unit. Unite the Union believe the panel should grant trade union recognition without the need for a ballot”.
4. Summary of the Employer’s response to the Union’s claim that it should be recognised without a ballot
7) On 10 September 2024 the CAC copied the Union’s email of 9 September 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 16 September 2024 the Employer stated that:
“From the Employer’s perspective this issue has always been about Employee democracy. The Employer is not anti-union whatsoever and recognises and bargains with trade unions at its other sites.
We accept that on the face of it in view of correspondence we have received from you the Union’s claim to both majority membership and a majority who favour recognition within the bargaining unit. We do not have any evidence that a significant number of the Union members within the bargaining unit do not want the Union to conduct collective bargaining on their behalf. Given the size of the membership we are happy to accept that it would not be necessary to hold a ballot in the interests of good industrial relations indeed the cost and time of this exercise in this case may have the opposite effect. Having considered matters and discussing the with our employees, we are content that the majority of employees in the bargaining unit wish union recognition, and we do not oppose that.
In those circumstances the Employer agrees with Unite the Union that the CAC should grant trade union recognition in respect of the bargaining unit without the need for a ballot”.
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 28 August 2024 showed that the number of union members in the proposed bargaining unit was 25 out of 39 workers in the bargaining unit, a membership level of 64.10%. 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 “All employees of ABInbev/Camden Town Brewery working at Morson Rd, Enfield EN3 4TJ, in all non-banded salary job roles”.
Panel
Mr Rohan Pirani, Panel Chair
Mr Richard Fulham
Mr Michael Clancy
19 September 2024