Decision

Recognition Decision

Updated 7 September 2023

Applies to England, Scotland and Wales

Case Number: TUR1/1319(2023)

7 September 2023

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

WFL (UK) Limited

1. Introduction

1) Unite the Union (the Union) submitted an application to the CAC dated 27 April 2023 that it should be recognised for collective bargaining purposes by WFL (UK) Limited (the Employer) in respect of a bargaining unit comprising “all tanker delivery drivers employed by WFL UK Ltd across the UK including all Depot Operations Managers (who also perform delivery duties)”^{[footnote 1]} The location of the bargaining unit was given as “workers are spread across 45 locations.” The application was received by the CAC on 2 May 2023 and the CAC gave both parties notice of receipt of the application by a letter of the same date. The Employer submitted a response to the CAC dated 10 May 2023 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 Mrs Lisa Gettins, Panel Chair, and, as Members, Mr Derek Devereux and Mr Paul Moloney. The Case Manager appointed to support the Panel was Joanne Curtis.

3) By a decision dated 22 June 2023 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 29 June 2023 the parties notified the CAC that they had reached an agreement as to the appropriate bargaining unit and that this was the same as the bargaining unit described in the Union’s application namely: “all tanker delivery drivers employed by WFL UK Ltd across the UK including all Depot Operations Managers (who also perform delivery duties).”

4) On 18 July 2023, the Panel, not being satisfied that a majority of the workers constituting the bargaining unit were members of the Union, gave notice in accordance with paragraph 23(2) of the Schedule that it intended to arrange for the holding of 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 parties were advised that the Panel would wait until the end of the notification period,^{[footnote 2]} as specified in paragraphs 24(2) to (7) of the Schedule, before arranging for the holding of a ballot. The parties were also asked for their views on the form the ballot should take.

5) The notification period described in the preceding paragraph elapsed without the Union, or the Union and the Employer jointly, informing the CAC that a ballot was not required.

6) In a letter to the CAC Manager dated 21 July 2023 the Union stated that it would prefer a postal ballot. In a letter to the Case Manager dated 21 July 2023 the Employer also confirmed that it would prefer a postal ballot.

2. The Ballot

7) On 4 August 2023 Mi-Voice was appointed as the Qualified Independent Person (QIP) to conduct the ballot and the parties were notified accordingly. The postal ballot papers were dispatched on 21 August 2023 to be returned to the QIP by no later than Noon on 4 September 2023.

8) The QIP reported to the CAC on 4 September that, of the 262 workers eligible to vote, 205 ballot papers had been returned; there were three (3) ballot papers that were found to be spoiled or otherwise invalid. 192 workers, that is 95% of those voting, had voted to support the proposal that the Union be recognised for the purposes of collective bargaining with the Employer. Ten (10) workers, that is 5% of those voting, voted to reject the proposal. The number of votes supporting the proposal as a percentage of the bargaining unit was 73.3%.

9) The CAC informed the Employer and the Union on 6 September 2023 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 accordingly declares that the Union is recognised by the Employer as entitled to conduct collective bargaining on behalf of the bargaining unit comprising “all tanker delivery drivers employed by WFL UK Ltd across the UK including all Depot Operations Managers (who also perform delivery duties).”

Panel

Mrs. Lisa Gettins, Panel Chair

Mr. Derek Devereux

Mr. Paul Moloney.

7 September 2023

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1. The application by the Union stated, “all tanker delivery drivers employed by WFL UK Ltd across the UK including all    (who also perform delivery duties).” In an e mail dated 16 May 2023 the Union clarified that it had made a typographical error and missed some words from the application before the brackets. The Union stated it should read “all tanker delivery drivers employed by WFL UK Ltd across the UK including all Depot Operations Managers (who also perform delivery duties).” This is dealt with in paragraph 28 below. ↩

2. The “notification period”, in relation to notification by the union, is the period of 10 working days starting with the day on which the union receives the CAC’s notice under paragraph 23(2) or such longer period as the CAC may specify; in relation to notification by the unions and the employer, the period of 10 working days starting with the day on which the last of the parties receives the CAC’s notice or such longer period as the CAC may specify: paragraph 24(5),(6). ↩