Decision

Recognition Decision

Updated 21 July 2023

Applies to England, Scotland and Wales

Case Number: TUR1/1299(2023)

20 July 2023

CENTRAL ARBITRATION COMMITTEE

TRADE UNION AND LABOUR RELATIONS (CONSOLIDATION) ACT 1992

SCHEDULE A1 - COLLECTIVE BARGAINING: RECOGNITION

DECLARATION THAT THE UNION IS NOT ENTITLED TO BE RECOGNISED

The Parties:

Unite the Union

and

Moog Controls Limited

1. Introduction

1) Unite the Union (the Union) submitted an application to the CAC dated 16 January 2023 that it should be recognised for collective bargaining purposes by Moog Controls Limited (the Employer) for a bargaining unit comprising “Directs within Assembly and Test, covering the job roles Assembler Tester, Technician, Technician 2, Senior Technician, Cell Lead, Shift Lead and Production Supervisor employed at Moog Controls Limited, Ashchurch, Tewkesbury, Gloucestershire, GL20 8NA. Directs within Manufacturing, covering the job roles Semi Skilled Assembler/Finisher, Skilled Machinist, Machinist Cell Fitter, Cell lead, Tool Maker, Induction Machinist, Trainer Machinist, Trainer Assembler/Finisher, Semi Skilled Machinist and Machinist CNC employed at Moog Controls Limited, Ashchurch, Tewkesbury, Gloucestershire, GL20 8NA.” The location of the bargaining unit was given as “Moog Controls Limited, Ashchurch, Tewkesbury, Gloucestershire, GL20 8NA.” The application was received by the CAC on 16 January 2023 and the CAC gave notice of receipt of the application to the parties that day. The Employer submitted a response to the CAC dated 23 January 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 Mrs Sarah Havlin, Panel Chair, and, as Members, Mr Kieran Grimshaw and Mrs Claire Sullivan. The Case Manager appointed to support the Panel was Joanne Curtis.

3). By a decision dated 23 February 2023 the Panel accepted the Union’s application. Following this decision, the parties then reached agreement on the appropriate bargaining unit. The agreed bargaining unit was described as “Directs within Assembly and Test and Manufacturing who work at Aircraft Group Moog Controls Limited. The bargaining unit includes the following categories of workers: Assembler Tester, Bridging Shift Leader, Cell Lead, Certified Training Lead, Induction Assembler/Finisher, Induction Machinist, Nightshift Supervisor, Production Supervisor, RUR Technician, Senior Technician, Shift Leader, Skilled Assembler/Finisher, L1Skilled Assembler/Finisher, L2 Skilled Machinist, Level 1 Skilled Machinist, Technician 2, Technician A&T, Trainer Assembler/Finisher and Trainer Machinist.”

4) As the determined bargaining unit differed from that proposed by the Union in its application the Panel was required to decide whether the Union’s application was invalid. In a decision dated 19 April 2023 the Panel decided that the application was not invalid.

5) On 25 April 2023, the Panel, satisfied that a majority of the workers constituting the bargaining unit were not members of the Union, gave notice in accordance with paragraph 23(2) of the Schedule that it intended to arrange for the holding of a secret ballot in which the workers constituting the bargaining unit would be asked whether they wanted the Union to conduct collective bargaining on their behalf. 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), before arranging a secret ballot.

6) The notification period under paragraph 24(5) of the Schedule ended on 11 May 2023. The CAC was not notified by both the parties that they did not want the ballot to be held, as per paragraph 24(2). The parties were also asked for their views on the form the ballot should take.

7) The parties put forward two different types of ballot for the Panel to consider. The Union argued for a workplace ballot, whereas the Employer submitted that the ballot should be a postal ballot. In a decision dated 7 June 2023 the Panel decided that a workplace ballot should take place with a postal element for those workers known in advance to be absent from the workplace on the day of the ballot. The parties subsequently reached agreement on access arrangements. The Panel directed that Popularis should be appointed as the Qualified Independent Person (QIP) to conduct the ballot.

2. The Ballot

8) Popularis was appointed as QIP on 15 June 2023 to conduct the ballot and the parties were notified accordingly. The postal ballot papers were despatched on 27 June 2023, to be returned by no later than noon on 12 July 2023. The workplace ballot took place on 11 July 2023.

9) The QIP reported to the CAC on 12 July 2023, that out of 138 workers eligible to vote, 130 ballot papers had been returned: no ballot papers were found to be spoilt. 55 workers, that is 42% of those voting, had voted to support the proposal that the Union be recognised for the purposes of collective bargaining with the Employer. 75 workers, that is 58% of those voting, voted to reject the proposal. The number of votes supporting the proposal as a percentage of the bargaining unit was 40%.

10) The CAC informed the Employer and the Union on 17 July 2023 of the result of the ballot in accordance with paragraph 29(2) of the Schedule.

3. Declaration that the Union is not entitled to be recognised

11) The ballot establishes that recognition of the Union is not supported by a majority of the workers voting and so, in accordance with paragraph 29(4) of the Schedule, the CAC declares that the Union is not recognised as entitled to conduct collective bargaining on behalf of the bargaining unit.

12) In accordance with paragraph 29(4) of the Schedule, the CAC declares that the Union is not recognised by the Employer as entitled to conduct collective bargaining on behalf of the bargaining unit.

Panel

Mrs Sarah Havlin, Panel Chair

Mr Kieran Grimshaw

Mrs Claire Sullivan.

20 July 2023