Decision

Recognition Decision

Updated 11 September 2023

Applies to England, Scotland and Wales

Case Number: TUR1/1347(2023)

11 September 2023

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

Hedin Automotive London Limited

1. Introduction

1) Unite the Union (the Union) submitted an application to the CAC on 4 July 2023 that it should be recognised for collective bargaining by Hedin Automotive London Limited (the Employer) for a bargaining unit comprising “All Technicians employed at Mercedes Benz at of Bromley, 13-15 Bell Green Retail Park, Sydenham, London SE26 4PR. A ‘Technicians’ is so defined by the job title within the contract of employment and covers Diagnostic, System & Maintenance Technicians as well as Apprentice Technicians” (sic). The CAC gave both parties notice of receipt of the application on 5 July 2023. The Employer submitted a response to the CAC dated 11 July 2023 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 Ms Naeema Choudry, Panel Chair, and, as Members, Mr Richard Fulham, and Mr Paul Noon OBE. The Case Manager appointed to support the Panel was Kaniza Bibi.

3) By its written decision dated 31 July 2023 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. On 30 August 2023 the parties notified the CAC that they had reached an agreement as to the appropriate bargaining unit and this was “All Technicians employed at Mercedes Benz at Bromley, 13-15 Bell Green Retail Park, Sydenham, London SE26 4PR. A ‘Technicians’ is so defined by the job title within the contract of employment and covers Diagnostic, System & Maintenance Technicians as well as Apprentice Technicians”.

This bargaining unit comprised the same workers as that originally proposed by the Union in its application.

2. Issues

4) Paragraph 22 of the 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:

(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) 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

5) In an email dated 30 August 2023 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 30 August 2023, stated that “The Union claims that we have majority membership within the bargaining unit and therefore submits that Unite the Union should be granted recognition without a ballot”.

4. Summary of the Employer’s response to the Union’s claim that it should be recognised without a ballot

6) The CAC copied the Union’s e-mail of 30 August 2023 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.

7) In its response email dated 2 September 2023 the Employer stated, “We have no further submissions on the membership”.

5. Considerations

8) 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.

9) The membership and support check conducted on 21 July 2023 had shown the Employer listing a total of 19 workers. As stated in the acceptance decision dated 31 July 2023, the Union had provided a spreadsheet listing 15 union members. The number of union members in the proposed bargaining unit was 13, a membership level of 68.42%. Accordingly, the Panel accepts that the majority of workers in the bargaining unit are members of the Union.

10) The Panel has considered the correspondence received from 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)

11) 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)

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. The CAC has no such evidence, and this condition does not apply.

Paragraph 22(4) (c)

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 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 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 “All Technicians employed at Mercedes Benz at Bromley, 13-15 Bell Green Retail Park, Sydenham, London SE26 4PR. A ‘Technicians’ is so defined by the job title within the contract of employment and covers Diagnostic, System & Maintenance Technicians as well as Apprentice Technicians”.

Panel

Ms Naeema Choudry, Panel Chair

Mr Richard Fulham

Mr Paul Noon OBE

11 September 2023