Decision

Recognition Decision

Updated 23 September 2021

Applies to England, Scotland and Wales

Case Number: TUR1/1204(2020)

23 September 2021

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

East End Foods Ltd

1. Introduction

1) Unite the Union (the Union) submitted an application to the CAC on 17 December 2020 that it should be recognised for collective bargaining by East End Foods PLC ^{[footnote 1]} (the Employer) for a bargaining unit comprising the “Hourly paid drivers and hourly paid shop floor warehouse operatives without management responsibilities”. The CAC gave both parties notice of receipt of the application on 17 December 2020. The Employer submitted a response to the CAC dated 21 December 2020 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 Mrs. Lisa Gettins, Panel Chair, and, as Members, Mr. David Coats and Mr. Nicholas Caton. Mr. Len Aspell replaced Mr. Nicholas Caton as a member of the Panel following Mr. Caton’s term of office having come to an end. The Case Manager appointed to support the Panel was Ms. Sharmin Khan and, for the purposes of this decision, Nigel Cookson.

3) By a decision dated 23 February 2021 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. As no agreement was reached, the parties were invited to supply the Panel with, and to exchange, written submissions relating to the question of the determination of the appropriate bargaining unit. A hearing was held by virtual means on 8 April 2021 and, in a decision promulgated 27 April 2021, the Panel decided that the appropriate bargaining unit in this matter was one comprising “Drivers and Warehouse shop floor operatives without management responsibilities”. For the sake of clarity, this bargaining unit included workers in the following roles: Warehouse Operatives; Production Operatives; Forklift Truck Drivers; Lorry Drivers; Drivers Mates; Machine Operators; Hygiene Operatives; QA Technicians; Production and Rice Mill Supervisors; Materials Specialist and Despatch Assistants and excluded the role of Team Leader or Section Leader.

4) As the determined bargaining unit differed from that proposed by the Union, the Panel was required by paragraph 20 of the Schedule A1 to the Trade Union and Labour Relations (Consolidation) Act 1992 (the Schedule) to determine whether the Union’s application was valid or invalid within the terms of paragraphs 43 to 50 of the Schedule.

5) On 19 May 2021 the Panel, having considered the parties’ submissions on the tests in paragraphs 43 to 50 of the Schedule, decided that the application was not invalid for the purposes of paragraph 20 of the Schedule and gave notice to the parties that the CAC would therefore proceed with the application.

6) On 6 July 2021 the Panel, having found that the qualifying condition in paragraph 22(4)(b) of the Schedule applied, 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.

7) The notification period under paragraph 24(5) and 24(6) of the Schedule ended on 19 July 2021. 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 Combination ballot should take place, that is a workplace ballot with a postal element for those workers known in advance to be absent from the workplace on the day of the ballot. This decision was made in accordance with paragraph 25(4) of the Schedule and the parties were informed accordingly.

2. The Ballot

8) Popularis was appointed as QIP on 20 August 2021 to conduct the ballot and the parties were notified accordingly. The postal ballot papers were despatched on 6 September 2021 to be returned by no later than noon on 20 September 2021, the day that the ballot closed. The workplace ballot took place between the hours of 2 p.m. and 6 p.m. and between 7 p.m. and 8:30 p.m. on 16 September 2021.

9) The QIP reported to the CAC on 20 September 2021 that out of 165 workers eligible to vote, 149 votes had been cast: no ballot papers were found to be spoilt. One hundred and thirty-six (136) workers, that is 91% of those voting, had voted to support the proposal that the Union be recognised for the purposes of collective bargaining with the Employer. Thirteen (13) workers, that is 9% of those voting, voted to reject the proposal. The number of votes supporting the proposal as a percentage of the bargaining unit was 82%.

10) The CAC informed the Employer and the Union on 22 September 2021 of the result of the ballot in accordance with paragraph 29(2) of the Schedule.

3. Declaration of Recognition

11) 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.

12) The CAC declares that the Union is recognised by the Employer as entitled to conduct collective bargaining on behalf of the bargaining unit comprising “Drivers and Warehouse shop floor operatives without management responsibilities”. For the sake of clarity, this bargaining unit includes workers in the following roles: Warehouse Operatives; Production Operatives; Forklift Truck Drivers; Lorry Drivers; Drivers Mates; Machine Operators; Hygiene Operatives; QA Technicians; Production and Rice Mill Supervisors; Materials Specialist and Despatch Assistants and excludes the role of Team Leader or Section Leader.

Panel

Mrs Lisa Gettins, Panel Chair

Mr Len Aspell

Mr David Coats

23 September 2021

1. In an email to the CAC dated 14 May 2021 the Employer stated that East End Foods was no longer a PLC and had not been so for some time and that it should be amended to ‘Limited’. The Panel has noted this correction and has instructed the Case Manager to amend the CAC’s records accordingly. ↩