Decision

Recognition Decision

Updated 12 September 2018

Case Number: TUR1/1048(2018)

4 September 2018

CENTRAL ARBITRATION COMMITTEE

TRADE UNION AND LABOUR RELATIONS (CONSOLIDATION) ACT 1992

SCHEDULE A1 - COLLECTIVE BARGAINING: RECOGNITION

DECLARATION OF RECOGNITION

The Parties:

Unite the Union

and

Certex Lifting Ltd

1. Introduction

1) The Unite the Union (the Union) submitted an application to the CAC which was received on 26 April 2018 that it should be recognised for collective bargaining by Certex Lifting Ltd (the Employer) for a bargaining unit comprising the “All those employed by Certex Lifting Ltd as UK Renewable Engineers”. The CAC gave both parties notice of receipt of the application on 26 April 2018. The Employer submitted a response to the CAC dated 1 May 2018 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 Mr Rohan Pirani, Panel Chair, and, as Members, Mr Alistair Paton and Mr Gerry Veart. The Case Manager appointed to support the Panel was Nigel Cookson.

3) By a decision dated 18 May 2018 the Panel accepted the Union’s application. As this was an application brought under paragraph 12(4) in that before the end of the second period defined in paragraph 10(7) the parties agreed a bargaining unit but did not agree that the Union was to be recognised as entitled to conduct collective bargaining on behalf of the unit, the Panel moved immediately to the question as to whether or not a secret ballot should be held.

4) On 18 May 2018 the Panel, not being satisfied that a majority of the workers constituting the agreed bargaining unit were members of the Union, gave notice in accordance with paragraph 23(2) of Schedule A1 to the Act (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.

5) The notification period under paragraph 24(5) and 24(6) of the Schedule ended on 4 June 2018. The CAC was not notified by the Union or by both parties jointly that they did not want the ballot to be held, as per 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

6) Kanto Elect was appointed as QIP on 13 July 2018 to conduct the ballot and the parties were notified accordingly. The postal ballot papers were despatched on 30 July 2018 to be returned by no later than noon on 17 August 2018, the date the ballot closed. The closing date was subsequently extended by the Panel pursuant to paragraph 25(3)(b) of the Schedule when it was made aware that a number of workers, by virtue of their pattern of work, would otherwise be denied the opportunity of taking part in the ballot. The revised deadline for the return of the ballot papers and the closing date of the ballot was noon on 24 August 2018 and the parties informed accordingly.

7) The QIP reported to the CAC on 24 August 2018 that out of 30 workers eligible to vote, 21 ballot papers had been returned: two ballot papers were found to be spoilt. Nineteen (19) workers, that is 90% of those voting, had voted to support the proposal that the Union be recognised for the purposes of collective bargaining with the Employer. Two (2) workers, that is 10% of those voting, voted to reject the proposal. The number of votes supporting the proposal as a percentage of the bargaining unit was 63%.

8) The CAC informed the Employer and the Union on 28 August 2018 of the result of the ballot in accordance with paragraph 29(2) of the Schedule.

3. Declaration of Recognition

9) 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.

10) The CAC declares that the Union is recognised by the Employer as entitled to conduct collective bargaining on behalf of the bargaining unit comprising the “All those employed by Certex Lifting Ltd as UK Renewable Engineers”.

Panel

Mr Rohan Pirani, Panel Chair

Mr Alistair Paton

Mr Gerry Veart

4 September 2018