Decision

Recognition Decision

Updated 1 July 2022

Applies to England, Scotland and Wales

Case Number: TUR1/1260(2022)

1 July 2022

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

Serco Ltd

1. Introduction

1) Unite the Union (the Union) submitted an application to the CAC on 18 March 2022 that it should be recognised for collective bargaining by Serco Ltd (the Employer) for a bargaining unit comprising “all employees up to and including supervisors on the London Borough of Brent Parking Services contract”. The CAC gave both parties notice of receipt of the application on 18 March 2022. The Employer submitted a response to the CAC dated 25 March 2022 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 Sean McIlveen and Ms Stephanie Marston. The Case Manager appointed to support the Panel was Kaniza Bibi.

3) By a decision dated 8 June 2022 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 13 June 2022 the parties notified the CAC that they had reached an agreement as to the appropriate bargaining unit and this was the bargaining unit proposed by the Union in its application.

2. Issues

4) Paragraph 22 of 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:

• the CAC is satisfied that a ballot should be held in the interests of good industrial relations;

• 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;

• 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 it should be recognised without a ballot

5) In a letter dated 8 June 2022 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 13 June 2022, stated that as it had a majority membership and it 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) On 15 June 2022 the CAC copied the Union’s e-mail of 13 June 2022 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) The Employer was given until the close of business on 22 June 2022 for its submissions. No submissions were received from the Employer by the deadline imposed. Despite reminder emails being sent to the Employer on 21 June 2022 and 24 June 2022 the Employer still did not respond.

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 13 May 2022 established that 60.00% of the workers in the proposed bargaining unit were members of the Union. Accordingly, in the absence of any evidence to the contrary, the Panel accepts the evidence which supports that the majority of workers in the bargaining unit are members of the Union.

10) The Panel has considered carefully the submissions of 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 received no such evidence and therefore 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 employees up to and including supervisors on the London Borough of Brent Parking Services contract”.

Panel

Mrs Sarah Havlin, Panel Chair

Mr Sean McIlveen

Ms Stephanie Marston

1 July 2022