Decision

Recognition Decision

Updated 12 October 2020

Case Number: TUR1/1184/2020

21 October 2020

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

Noble Foods Limited

1. Introduction

1) Unite the Union (the Union) submitted an application to the CAC dated 9 June 2020 that it should be recognised for collective bargaining purposes by Noble Foods Limited (the Employer) in respect of a bargaining unit comprising “All factory operatives working in Butchery, Hob, EV, Matt Chill, Packing, Tray Wash, Despatch and Canteen up to and including line leader grade. Excluding Team leaders and Managers.” The location of the bargaining unit was given as “Noble Foods Limited, Corringham Road, Gainsborough, Lincolnshire, DN21 1QH.” The application was received by the CAC on 25 June 2020 and the CAC gave both parties notice of receipt of the application on 26 June 2020. The Employer submitted a response to the CAC dated 2 July 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 Professor Gillian Morris, Panel Chair, and, as Members, Mr Robert Lummis and Ms Stephanie Marston. The Case Manager appointed to support the Panel was Kate Norgate.

3) By a decision dated 14 August 2020 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. In an email to the Case Manager dated 14 September 2020 the Employer stated that the Union had agreed to include the Team Leaders and “Hygiene and Technical Ops” in the bargaining unit. In an email to the Case Manager dated 15 September 2020 the Union confirmed that the parties had reached agreement and stated that the bargaining unit at the Employer’s Corringham Road site should be described as “ all factory operatives working in Butchery, Hob, EV, Matt Chill, Packing, Tray Wash, Despatch, Line Leaders, Team leaders, Hygiene and Technical.” As the bargaining unit agreed by the parties was different from that proposed by the Union in its request for recognition, the Panel was required by paragraph 20 of the Schedule A1 to the Act (the Schedule) to determine whether the Union’s application was invalid within the terms of paragraphs 43 to 50 of the Schedule. In a decision dated 12 October 2020 the Panel determined that the application was not invalid and that the CAC would proceed with the application.

2. Issues

4) The next stage of the procedure required the Panel to decide whether a majority of the workers in the bargaining unit are members of the Union. Paragraph 22 of 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) states that “membership evidence” 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.

5) The Case Manager had conducted a check of the level of union membership within the agreed bargaining unit in order to assist the Panel to decide whether the Union’s application was invalid. A report of the result of the check was circulated to the Panel and the parties on 2 October 2020. This check showed that 55.11% of the workers in the bargaining unit were members of the Union. For the reasons set out in paragraph 16 of its decision dated 12 October 2020 the Panel was satisfied that this check provided a proper representation of the level of union membership within the bargaining unit.

6) In a letter to each of the parties dated 12 October 2020 the Case Manager informed them that the Panel was satisfied that a majority of the workers in the bargaining unit were members of the Union. The letter sent to the Employer invited the Employer to make submissions in relation to the three qualifying conditions specified in paragraph 22(4) of the Schedule and set out in paragraph 4 above. No submissions relating to the qualifying conditions were received from the Employer.

3. Considerations

7) The Act 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 then decide if any of the three conditions in paragraph 22(4) is fulfilled. If the Panel considers that any of them is fulfilled it must give notice to the parties that it intends to arrange for the holding of a secret ballot.

8) As stated in paragraph 5 above, the membership check conducted by the Case Manager showed that 55.11% of the workers in the bargaining unit were members of the Union and the Panel is satisfied that this check provided a proper representation of the level of union membership within the bargaining unit. Accordingly the Panel is satisfied that a majority of the workers in the bargaining unit are members of the Union.

9) The Panel has considered carefully whether any of the qualifying conditions set out in paragraph 22(4) of the Schedule is fulfilled.

10) The first condition is that the Panel is satisfied that a ballot should be held in the interests of good industrial relations. The Panel has not received any evidence that a ballot should be held in the interests of good industrial relations and is not satisfied that this condition is fulfilled.

11) 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 Panel has no such evidence and the Panel has therefore concluded that this condition does not apply.

12) 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 the Panel has therefore concluded that this condition does not apply.

4. Declaration of recognition

13) 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 fulfilled. 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 factory operatives working in Butchery, Hob, EV, Matt Chill, Packing, Tray Wash, Despatch, Line Leaders, Team leaders, Hygiene and Technical”.

Panel

Professor Gillian Morris, Panel Chair

Mr Robert Lummis

Ms Stephanie Marston

21 October 2020