Decision

Recognition Decision

Updated 3 June 2021

Case Number: TUR1/1191(2020)

3 June 2021

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

Splunk Services UK Limited

1. Introduction

1) Unite the Union (the Union) submitted an application dated 5 August 2020 to the CAC that it should be recognised for collective bargaining purposes by Splunk Services UK Limited (the Employer) in respect of a bargaining unit comprising “UK Employees within the Support Organisation whose job title includes “Support Engineer.”” The location of the bargaining unit was given as “Within the London and Reading offices within the UK.” The CAC gave both parties notice of receipt of the application on 6 August 2020. The Employer submitted a response to the CAC on 12 August 2020.

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 Robert Lummis and Mr Paul Noon OBE. The Case Manager appointed to support the Panel was Kate Norgate who was later replaced by Sharmin Khan. The Case Manager for the purposes of this decision was Nigel Cookson.

3) By a decision dated 9 October 2020 the Panel accepted the Union’s application. The parties then entered a period of negotiation in which to try and reach agreement on the appropriate bargaining unit. As no agreement was reached, the parties were invited to supply the Panel with written submissions relating to the question of the determination of the appropriate bargaining unit. Owing to the current Covid Global pandemic, the Panel directed that the CAC exchanged those written submissions with an invitation for the parties to provide the Panel with their responsive submissions before the Panel reached a decision on whether it was necessary for the Panel to hold a formal hearing with the parties. On 4 December 2020, the CAC gave both parties notice that a formal hearing would take place by virtual means on 17 December 2020.

4) In a decision promulgated 16 February 2021 the Panel decided that the appropriate bargaining unit was that proposed by the Union in its application and for the avoidance of doubt included those Support Engineers, currently two in number, who provided support for two specific products, SignalFX and VictorOps and who currently reported to line managers in the US.

5) The Panel directed that the Case Manager conduct a check of Union membership in the determined bargaining unit before it considered the question as to whether or not a ballot was to be held. This check was conducted on 1 March 2021 and established that 51% of the workers therein were in membership. A further check on 5 March 2021 showed that membership in the determined bargaining unit stood at 54%. However, having taken account of the subsequent submissions of both parties and the evidence provided, the Panel found that one of the qualifying conditions for the holding of a secret ballot set out in paragraph 22(4)(b) of Schedule A1 to the Act (the “Schedule”), was met and accordingly gave notice to the Parties on 6 April 2021 pursuant to paragraph 23(3) of the Schedule that it intended to arrange for 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) of the Schedule, before arranging a secret ballot. Further, the parties were invited to submit to the Panel their views on the form of ballot namely whether it should be a workplace or postal ballot or a combination of these two methods.

6) The notification period under paragraph 24(5) of the Schedule ended on 19 April 2021. The CAC was not notified by the Union or by both parties jointly that they did not want the ballot to be held, as envisaged by paragraph 24(2). The Panel, having considered the views of the parties, decided that a Postal ballot should take place. This decision was made in accordance with paragraph 25(4) of the Schedule and the parties were informed accordingly.

2. The Ballot

7) IPA was appointed as QIP on 30 April 2021 to conduct the ballot and the parties were notified accordingly. The postal ballot papers were despatched on 18 May 2021 to be returned by no later than noon on 1 June 2021, the day that the ballot closed.

8) The QIP reported to the CAC on 1 June 2021 that out of 41 workers eligible to vote, 38 ballot papers had been returned: one ballot paper was found to be spoilt. Sixteen (16) 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. Twenty-one (21) workers, that is 55% of those voting, voted to reject the proposal. The number of votes supporting the proposal as a percentage of the bargaining unit was 39%.

9) The CAC informed the Employer and the Union on 3 June 2021 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

10) The ballot establishes that a majority of the workers in the bargaining unit are not in favour of Union recognition and therefore the Union is not entitled to be recognised for the purpose of collective bargaining.

11) 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 Robert Lummis

Mr Paul Noon OBE

3 June 2021