Recognition Decision
Updated 15 November 2019
© Crown copyright 2019
This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: psi@nationalarchives.gov.uk.
Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned.
This publication is available at https://www.gov.uk/government/publications/cac-outcome-unite-the-union-seal-security-uk-limited/recognition-decision
Case Number: TUR1/1117(2019)
15 November 2019
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
Seal Security UK Limited
1. Introduction
1) Unite the Union (the Union) submitted an application to the CAC on 12 June 2019 that it should be recognised for collective bargaining by Seal Security UK Limited (the Employer) for a bargaining unit comprising “All Seal Security Guards employed to work at Bloomberg London sites”. The location of the bargaining unit was given as “All Bloomberg sites supported by (the Employer) primarily but not exclusive to Bloomberg, 3 Queen Victoria Street, London EC4N 4TQ”. The CAC gave both parties notice of receipt of the application on 12 June 2019. The Employer submitted a response to the CAC dated 19 June 2019 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 Charles Wynn-Evans, Panel Chair, and, as Members, Mr David Crowe and Mr Paul Noon OBE. The Case Manager appointed to support the Panel was Nigel Cookson.
3) By a decision dated 12 July 2019 the Panel accepted the Union’s application and the parties entered a period of 20 working days, the ‘appropriate period’ in accordance with paragraph 18(2)(a) of Schedule A1 to the Act (the Schedule), within which to negotiate and try to reach agreement as to the appropriate bargaining unit.
4) In an email dated 6 August 2019 the Union confirmed that it accepted the Employer’s proposal that the appropriate bargaining unit be defined as: “All SEAL Security Officers employed to work at Bloomberg London sites, excluding managers and supervisors” and further confirmed that this was the same bargaining unit as originally proposed by the Union albeit set out in different terms. On 7 August 2019 the Employer confirmed its agreement to the bargaining unit as set out above.
5) On 7 August 2019, the Panel, satisfied that a majority of the workers constituting the agreed bargaining unit were not members of the Union, gave notice in accordance with paragraph 23(2) of the Schedule that a secret ballot would be held. 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. The parties were also asked for their views on the form the ballot should take.
6) The notification period under paragraph 24(5) of the Schedule ended on 20 August 2019. 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, after considering the parties’ views on the form of ballot and having taken into account the particularities of the agreed bargaining unit determined, in a decision dated 4 September 2019, that the ballot would be a postal ballot and the parties were duly notified in accordance with paragraph 25(4) of the Schedule. The parties were then able to reach agreement as to access during the balloting period and the CAC was notified accordingly.
2. The Ballot
7) Mi-Voice was appointed as QIP on 15 October 2019 to conduct the ballot and the parties were notified accordingly. The postal ballot papers were despatched on 29 October 2019 to be returned by no later than noon on 12 November 2019, the day that the ballot closed.
8) The QIP reported to the CAC on 12 November 2019 that, out of 101 workers eligible to vote, 73 ballot papers had been returned and that no ballot papers were found to be spoilt. Sixty-eight (68) workers, that is 93.15% of those voting, had voted to support the proposal that the Union be recognised for the purposes of collective bargaining with the Employer. Five (5) workers, that is 6.85% of those voting, voted to reject the proposal. The number of votes supporting the proposal as a percentage of the bargaining unit was 67.33%.
9) The CAC informed the Employer and the Union on 13 November 2019 of the result of the ballot in accordance with paragraph 29(2) of the Schedule.
3. Declaration of Recognition
10) 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.
11) 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 SEAL Security Officers employed to work at Bloomberg London sites, excluding managers and supervisors”.
Panel
Mr Charles Wynn-Evans, Panel Chair
Mr David Crowe
Mr Paul Noon OBE
15 November 2019