Decision

Recognition Decision

Updated 7 May 2019

Case Number: TUR1/1073(2018)

07 May 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

Senior Aerospace Weston

1. Introduction

1) Unite the Union (the Union) submitted an application to the CAC dated 10 October 2018 that it should be recognised for collective bargaining by Senior aerospace Weston Ltd (the Employer) in respect of a bargaining unit comprising “Hourly paid workers at Senior aerospace Weston, Earby”. The application was received by the CAC on 11 October 2018 and the CAC gave both parties notice of receipt of the application on that day. The Employer submitted a response to the CAC dated 17 October 2018 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, Mrs Maureen Chambers and Mr Gerry Veart. The Case Manager appointed to support the Panel was Linda Lehan.

3) By a decision dated 5 November 2018 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 on 29 January 2019 and the Panel’s decision was that the appropriate bargaining unit was that proposed by the Union namely “Hourly paid workers at Senior aerospace Weston, Earby”.

4) On 20 February 2018, 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) 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 that secret ballot. The parties were also asked for their views on the form the ballot should take.

5) The Employer in a letter dated 3 March 2019 and the Union in a letter dated 4 March 2019 both requested a workplace ballot. In a letter dated 5 March 2019, in accordance with paragraph 25(4) of the Schedule, the Panel conveyed to the Parties 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. The parties were able to reach agreement as to access and the CAC was notified accordingly.

2. The Ballot

6) Mi-Voice was appointed as QIP on 2 April 2019 to conduct the ballot and the parties were notified accordingly. The Employer provided a list of the names and addresses of workers in the bargaining unit to the CAC which was passed to the QIP. The workplace ballot took place on 26 April 2019, 30 April 2019 and 2 May 2019. The postal ballot papers were dispatched on 16 April 2019 to be returned to the QIP by no later than noon on 2 May 2019.

7) The QIP reported to the CAC on 3 May 2019 that, of 242 workers eligible to vote, two hundred and fourteen (214) ballot papers had been returned. One hundred and fifty one (151), that is 70.6% of those voting, had voted to support the proposal that the Union be recognised for the purposes of collective bargaining with the Employer. Sixty three (63), that is 29.4% of those voting, voted to reject the proposal. The number of votes supporting the proposal as a percentage of the bargaining unit was 62.4%.

8) The CAC informed the Employer and the Union on 3 March 2019 of the result of the ballot in accordance with paragraph 29(2) of the Schedule.

3. Declaration of Recognition

9) 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.

10) The CAC therefore declares that the Union is recognised by the Employer as entitled to conduct collective bargaining on behalf of the bargaining unit comprising “Hourly paid workers at Senior aerospace Weston, Earby”.

Panel

Mr Charles Wynn-Evans, Panel Chair,

Mrs Maureen Chambers

Mr Gerry Veart

07 May 2019