Decision

Recognition Decision

Updated 9 September 2024

Applies to England, Scotland and Wales

Case Number: TUR1/1414(2024)

9 September 2024

CENTRAL ARBITRATION COMMITTEE

TRADE UNION AND LABOUR RELATIONS (CONSOLIDATION) ACT 1992

SCHEDULE A1 - COLLECTIVE BARGAINING: RECOGNITION

DECLARATION OF RECOGNITION WITHOUT A BALLOT

The Parties: 

United Voices of the World (UVW)

and

D Brice & Company Ltd- T/as D B Services

1. Introduction

1)         United Voices of the World (UVW) (the Union) submitted an application to the CAC dated 15 July 2024 that it should be recognised for collective bargaining purposes by D Brice & Company Ltd- T/as D B Services (the Employer) in respect of a bargaining unit comprising “the cleaners employed by DB Services at James Allen’s Girls’ School.” The location of the bargaining unit was given as “James Allen’s Girls’ School 144 East Dulwich Grove, London, SE22 8TE.” The application was received by the CAC on 15 July 2024 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 22 July 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 Chair established a Panel to deal with the case. The Panel consisted of Mrs Lisa Gettins, Panel Chair, and, as Members, Mr Richard Fulham and Mr Nicholas Childs. The Case Manager appointed to support the Panel was Joanne Curtis.

3)         By its written decision dated 12 August 2024 the Panel accepted the Union’s application. Moving on, as the Employer, in its response to the application, had stated its agreement to the proposed bargaining unit, the CAC Panel now has to decide whether a majority of the workers in the bargaining unit are members of the Union. 

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 unions, 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:

(i) the CAC is satisfied that a ballot should be held in the interests of good industrial relations.

(ii) 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.

(iii) 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.

5)         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 that it should be recognised without a ballot

6)         In a letter dated 12 August 2024 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 12 August 2024, stated “I am writing to confirm that UVW does have majority membership within the bargaining unit as evidenced by our own submissions and the independent check of the panel, and we therefore submit that we 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

7)         On 12 August 2024 the CAC copied the Union’s e mail of 12 August 2024 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.

8)         In its response dated 28 August 2024 the Employer stated, “further to your recent correspondence for which we apologise for the delay, whilst some leave has been taken, we do agree to the bargaining unit as defined. My understanding is that the next stage will be to run a membership check. We are in contact with ACAS on various matters which exist at the site, and they are going to run a membership check for us. We are next compiling a list of those employees currently at the site as of 1st September 2024.” In a further response dated 29 August 2024 the Employer added “we are content to accept the report and decision of the CAC and recognise them. I assume the next step will be to agree the terms of the recognition agreement. If the union might send a proposed draft, I will then ask Acas to facilitate a discussion on this if needed.”

5. Considerations

9)         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. 

10)       The most recent membership and support check conducted on 1 August 2024 had shown the Employer listing a total of 28 workers, in the bargaining unit. The Union had provided a list of 23 union members. The number of union members in the proposed bargaining unit was 23, a membership level of 82.14%.  Accordingly, the Panel accepts that the majority of workers in the bargaining unit are members of the Union.

11)       The Panel has carefully considered 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)

12)       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)

13)       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 no such evidence, and this condition does not apply.

Paragraph 22(4) (c)

14)       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

15)       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 “the cleaners employed by DB Services at James Allen’s Girls’ School.”

Panel

Mrs Lisa Gettins, Panel Chair

Mr Richard Fulham

Mr Nicholas Childs

9 September 2024