Decision

Method Decision

Updated 4 November 2020

Case Number: TUR1/1116(2019)

04 November 2020

CENTRAL ARBITRATION COMMITTEE

TRADE UNION AND LABOUR RELATIONS (CONSOLIDATION) ACT 1992

SCHEDULE A1 - COLLECTIVE BARGAINING: RECOGNITION METHOD OF COLLECTIVE BARGAINING

The Parties:

United Voices of the World

and

OCS Group UK Limited

1. Introduction

1) United Voices of the World (the Union) submitted an application to the CAC dated 7 June 2019 that it should be recognised for collective bargaining purposes by OCS Group UK Limited (the Employer) in respect of a bargaining unit comprising “The cleaners and security guards employed by OCS Group UK Limited working on the contract at Ministry of Justice, 102 Petty France, London SW1H 9AJ”. The application was received by the CAC on 11 June 2019 and the CAC gave both parties notice of receipt of the application that day. The Employer submitted a response to the CAC dated 17 June 2019 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 Professor Gillian Morris, Panel Chair, and, as Members, Mr Roger Roberts and Mr Paul Talbot. Mr Talbot was subsequently replaced by Mr Paul Noon OBE. The Case Manager appointed to support the Panel was Sharmin Khan who was subsequently replaced by Linda Lehan.

3) By a decision dated 12 July 2019 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. No agreement was reached on the appropriate bargaining unit and a hearing to assist the Panel to determine the issue was held on 27 August 2019. During the course of the hearing it was agreed by the parties that the Union’s proposed bargaining unit could be clarified to read “All workers other than management and administrative staff employed by OCS Group UK Limited working on the contract at Ministry of Justice, 102, Petty France, London SW1H 9AJ”. Following the hearing the Panel decided that the appropriate bargaining unit was that proposed by the Union.

4) Paragraph 22(1)-(3) of Schedule A1 to the Act (the Schedule) requires the CAC to issue a declaration that a union is recognised as entitled to conduct collective bargaining on behalf of the workers constituting the bargaining unit if it is satisfied that a majority of the workers constituting the bargaining unit are members of the union unless any of the three qualifying conditions set out in paragraph 22(4) is fulfilled. In a decision dated 26 September 2019 the Panel decided that it was not satisfied that a majority of the workers constituting the bargaining unit were members of the Union. The CAC therefore 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. In a decision dated 10 October 2019 the Panel decided that the ballot should be a postal ballot.

5) On 3 June 2020 Popularis was appointed as the qualified independent person (QIP) to conduct the ballot and the parties were notified accordingly. The QIP reported to the CAC on 28 July 2020 that of the 82 workers eligible to vote, fifty one (51) ballot papers had been returned; there were no spoilt papers. Thirty Four (34) workers, that is 66.67% of those voting, had voted to support the proposal that the Union be recognised for the purposes of collective bargaining with the Employer. Seventeen (17) workers, that is 33.33 % of those voting, voted to reject the proposal. The number of votes supporting the proposal as a percentage of the bargaining unit was 41.46%.

6) On 31 July 2020 the CAC issued a declaration that the Union was recognised by the Employer as entitled to conduct collective bargaining on behalf of the bargaining unit comprising “All workers other than management and administrative staff employed by OCS Group UK Limited working on the contract at Ministry of Justice, 102, Petty France, London SW1H 9AJ”.

2. Issues

7) Paragraph 30 of Schedule A1 to the Act (the Schedule) states that if the CAC issues a declaration that the union is recognised as entitled to conduct collective bargaining on behalf of a bargaining unit the parties may, in the negotiation period, conduct negotiations with a view to agreeing a method by which they will conduct collective bargaining. The “negotiation period” is the period of 30 working days starting with the start day (the day after that on which the parties are notified of the declaration) or such longer period (so starting) as the parties may from time to time agree. If no agreement is made in the negotiation period the employer or the union may apply to the CAC for assistance. Paragraph 31 of the Schedule states that if an application for assistance is made to the CAC under paragraph 30 the CAC must try to help the parties to reach in the agreement period an agreement on a method by which they will conduct collective bargaining. The “agreement period” is the period of 20 working days starting with the day after that on which the CAC receives the application under paragraph 30 or such longer period (so starting) as the CAC may decide with the consent of the parties. If at the end of the agreement period the parties have not made such an agreement, the CAC must specify to the parties the method by which they are to conduct collective bargaining. Any such method is to have effect as if it were contained in a legally enforceable contract made by the parties. Paragraph 168 of the Schedule states that in specifying the method of collective bargaining the CAC must take into account the method specified in the Trade Union Recognition (Method of Collective Bargaining) Order 2000 (“the specified method”) but may depart from it to such extent as the CAC thinks it is appropriate to do so in the circumstances.

8) In a letter dated 31 July 2020, which accompanied the declaration of recognition, the Case Manager informed the parties that the next stage of the process was for them to negotiate with a view to reaching agreement on a method by which they would conduct collective bargaining. The letter explained that the negotiation period (see paragraph 7 above) would end on 14 September 2020. To assist the parties, a copy of the Trade Union Recognition (Method of Collective Bargaining) Order 2000 (“the 2000 Order”) was attached to the letter. The letter explained that if no agreement was reached in the negotiation period either party could apply to the CAC for assistance.

9) In an email to the Case Manager dated 30 September 2020 the Employer asked the CAC for help in reaching an agreement on the method by which the parties could conduct collective bargaining. The email stated that both parties had exchanged draft agreements and had met to discuss the points under consideration. The email stated that the Union (sic) now felt that the parties were coming at this from such different starting points that CAC assistance was required and that further meetings or assistance from Acas would not help reach agreement. In an email to the parties dated 7 October 2020 the Case Manager asked the parties whether it would be helpful to hold an informal meeting presided over by the Panel Chair to clarify the outstanding issues and to establish whether the matter could be resolved by conciliation. In an email to the Case Manager dated 8 October 2020 the Employer said that it would be willing to hold such a meeting. In an email to the Case Manager dated 8 October 2020 the Union said that it did not think that conciliation would be helpful as it was coming at the collective bargaining arrangement from a very different starting point to the Employer.

10) In a letter to the parties dated 9 October 2020 the Case Manager informed them that an informal meeting required the consent of both parties. The letter stated that, as the Union did not consider that an informal meeting would be helpful, both parties were asked to send written submissions to the CAC by noon on 20 October 2020. The Employer sent written submissions by this deadline, the Union did not. In a letter to the Union dated 21 October 2020 the Case Manager informed the Union that, not having received any submissions from it by the stipulated deadline, the Panel would proceed to determine the matter on the basis of the relevant material currently in the possession of the CAC.

11) The Panel noted that the Employer’s submissions contained a significant number of changes to the specified method. The Panel decided that an on-line hearing, which both parties should be invited to attend, should be held on Tuesday November 3 2020 and this was notified to the parties in a letter from the Case Manager dated 26 October 2020. The letter reminded the parties that the statutory model was the starting point for the Panel’s deliberations, with the Panel’s consideration then being given to the appropriateness of any proposals from the parties which departed from that method. The letter said that the Panel had asked the parties to submit their proposals for the purpose of the hearing in the form of tracked amendments/deletions to the specified method on the text of the specified method itself so that all concerned could see more readily the changes to the specified method which were being proposed. The Panel also asked both parties to note that the statutory method was confined to bargaining over pay, hours and holidays and that the Panel had no jurisdiction to specify a method which went beyond those matters. The letter stated that once submissions had been lodged new evidence would only be admitted for good reasons and at the discretion of the Panel at the hearing.

12) An on-line hearing was held on Tuesday November 3 2020 and the names of those who attended the hearing are listed in Appendix 3 to this decision.

3. Outline of the parties’ written submissions

13) The Employer submitted that the method should be based on the specified method subject to a number of additional paragraphs/changes to reflect the specifics of its commercial obligations to its client (the Ministry of Justice) and the principles underpinning its relationship with the Union. The Employer’s amendments were contained in a proposed agreement which is set out in Appendix 2 to this decision. The Employer’s proposals were supplemented by a separate explanatory paper.

1). The Union submitted that there should be no departure from the text of the specified method. The Union set out in detail its objections to the changes which the Employer had proposed in its initial written submissions (see paragraph 10 above).

4. Matters clarified at the start of the hearing

15) The Panel Chair said that the hearing would be conducted using the specified method as the working text, to be discussed paragraph by paragraph. The Panel Chair noted that the Union wished the specified method to be applied in its entirety. The Panel Chair said that, as each paragraph was reached, it would be for the Employer to say if it wished to submit that the paragraph in question should be amended and to give its reasons for this; the Union would then have an opportunity to comment and the Panel itself may ask questions. The Panel Chair noted that the Employer had proposed that additional paragraphs should be inserted into the specified method as well as amendments to existing paragraphs and said that submissions on those additional paragraphs would be considered once the process of considering individual paragraphs of the specified method had been completed.

16) The Panel Chair said that she had been informed by the Case Manager the previous day that the Employer had asked to submit new evidence in the form of a witness statement by its Operations Director relating to the context of this matter and the Employer’s response to points made in the Union’s submissions and that the Employer had asked that this material should be copied to the Panel and the Union the same day. The Panel Chair said that she had asked the Case Manager to reply that the Panel would consider this request the following morning prior to the beginning of the hearing. The Panel Chair informed the parties at the start of the hearing that the Panel had decided that this witness statement should not be admitted. The Panel Chair said that there was no reason why a witness statement relating to the context of this matter could not have been submitted earlier had the Employer thought that it was material and that responses to the Union’s submissions could be made orally at the hearing.

5. Considerations

17) No agreement on a method of collective bargaining had been reached by the parties within either the 30 day negotiation period or the 20 day agreement period. Accordingly, under paragraph 31(3) of the Schedule, the CAC Panel must specify to the parties the method by which they are to conduct collective bargaining.

18) Paragraph 168 states that in specifying the method the CAC must take into account the specified method as set out in the 2000 Order but may depart from it to such extent as the CAC thinks is appropriate in the circumstances. In this case the Union stated that it wished the Panel to impose the specified method without any departure from that method. The Employer submitted that an agreement should be based on the specified method subject to a number of amendments. At the hearing the parties were able to agree, after discussion, on a number of matters which had previously been in dispute. The amendments to the specified method which were agreed by the parties are set out in paragraph 24 below and reflected in the text of the specified method contained in Appendix 1 to this decision. The remaining matters for determination by the Panel fell into three broad categories: objectives; industrial action; and time off.

19) Objectives. The Employer submitted that it would be appropriate to include in the method some key and, it submitted, uncontroversial objectives underlying how the parties would operate. These objectives are set out in section 4 of the proposed agreement submitted by the Employer (see Appendix 2 to this decision). The Employer said that the principles contained in these paragraphs would constitute a signal to future negotiators and would help in the proper interpretation of the agreement as a whole. The Union submitted that these paragraphs should not be included as they were drafted in vague terms which would not be enforced in the High Court. The Panel has considered carefully the submissions of both parties and has concluded that it is not appropriate to depart from the method specified in the 2000 Order by the insertion of these paragraphs in the method.

20) Industrial action. The Employer submitted that a paragraph should be inserted after step 6 of the bargaining procedure stating that the “parties agree that only after the exhaustion of the procedures referred to in steps 1 to 6 may the Union ballot for industrial action”. The Employer said that this would allow the parties to focus their attention on reaching an agreement and make the process meaningful. The Union submitted that this was a radical departure from the specified method which was objectionable for three reasons: it would amount to an unjustified interference with the Article 11 rights of its members and lay outside the scope of a collective bargaining agreement; the Union must have the right to react swiftly if a trade dispute arose outside the annual cycle of collective bargaining; and the CAC had no jurisdiction under the Schedule to impose restrictions on the Union’s ability to take industrial action. The Employer also submitted that the method should state that the Union agreed that it would not authorize or endorse any industrial action unless it had fully complied with its balloting and notification requirements under the Act. The Employer said that this reflected the law in any event and it was right that the parties should comply with it. The Union said that this added nothing to the position under the existing law and was therefore superfluous and reiterated that the CAC had no jurisdiction to specify a method which went beyond bargaining over pay, hours and holidays.

21) The Panel Chair asked the Employer whether it agreed with the Union’s submission that the CAC had no jurisdiction under the Schedule to impose restrictions on the Union’s ability to take industrial action. The Employer said that it did agree with that submission. That being so the Panel did not give any further consideration to this set of submissions.

22) Time Off. The Employer submitted that it should be made clear that the right to time off did not extend to activities which themselves consisted of industrial action and that provisions relating to payment for time off should be included in the method (see Appendix 2, clauses 11.5 and 11.6). The Employer said that these paragraphs constituted a proper reminder of the position and were within the CAC’s jurisdiction as they related to hours. The Union submitted that these provisions did not change the position under general law and were therefore superfluous and unjustified departures from the specified method. The Union also contended that the CAC did not have jurisdiction to include this provision in the method for collective bargaining.

23) The Panel did not find it necessary to decide whether it had jurisdiction to include this provision in the method. The Panel decided to consider the matter on the hypothetical basis that it did have jurisdiction and concluded that it is not appropriate to depart from the method specified in the 2000 Order by the insertion of these paragraphs in the method.

24) The Panel has decided that the method to be specified is the specified method contained in the 2000 Order subject to the following changes listed below:

Paragraph 1

The parties are identified in paragraph 1 of the specified method.

The second sentence has been deleted as it was not applicable given the circumstances of the case.

Paragraph 2

The description of the bargaining unit has been added in the appropriate place.

Paragraph 5

The final two sentences have been deleted as they are not applicable given the circumstances of the case. A sentence has been added relating to notification of JNB members.

Paragraph 9

“Chair” has been substituted for “Chairman” throughout.

Paragraph 10

As above. In addition “chairing” replaces “chairmanship” in the third sentence

Paragraph 11

“They” replaces “he” in the second sentence

Paragraph 15: step 1

This has been amended to take account of the existence of an established annual review date.

Paragraph 16

“Chair” replaces “Chairman” throughout.

Paragraph 19

As above.

Paragraph 30

An additional paragraph relating to the location of meetings has been inserted.

The existing paragraphs 30 and 31 become paragraphs 31 and 32 respectively.

6. Implications of the Specified Method

25) The bargaining method imposed by the CAC has effect as if it were a legally binding contract between the Employer and the Union. If one party believes the other is failing to respect the method, the first party may apply to the court for an order of specific performance, ordering the other party to comply with the method. Failure to comply with such an order could constitute contempt of court.

26) The parties can vary the model method, including the fact that it is legally binding, by agreement provided that they do so in writing.

27) The fact that the CAC has imposed a method does not affect the rights of individual workers under either statute or their contracts of employment. For example, it does not prevent or limit the rights of individual workers to discuss, negotiate or agree with their employer terms of their contract of employment, which differ from the terms of any collective agreement into which the Employer and the Union may enter as a result of collective bargaining conducted by this method. Nor does the imposed method affect an individual’s statutory entitlement to time off for trade union activities or duties.

28) The CAC having imposed a bargaining method on the parties, the Employer is separately obliged, in accordance with Section 70B of the Trade Union and Labour Relations (Consolidation) Act 1992 (as inserted by section 5 of the Employment Relations Act 1999), to consult union representatives periodically on the policy, actions and plans on training.

7. Decision

29) The decision of the Panel is that the method detailed in Appendix 1 to this decision is specified as the method by which the parties are to conduct collective bargaining.

Panel

Professor Gillian Morris, Panel Chair

Mr Paul Noon OBE

Mr Roger Roberts

04 November 2020

8. Appendix 1

THE SPECIFIED METHOD

The Parties

1) The method shall apply to OCS Group UK Limited and United Voices of the World, who are referred to here as the “employer” and the “union”.

The Purpose

2) The purpose is to specify a method by which the employer and the union conduct collective bargaining concerning the pay, hours and holidays of the workers comprising the bargaining unit, i.e. “All workers other than management and administrative staff employed by OCS Group UK Limited working on the contract at Ministry of Justice, 102, Petty France, London SW1H 9AJ”.

3) The employer shall not grant the right to negotiate pay, hours and holidays to any other union in respect of the workers covered by this method.

The Joint Negotiating Body

4) The employer and the union shall establish a Joint Negotiating Body (JNB) to discuss and negotiate the pay, hours and holidays of the workers comprising the bargaining unit. No other body or group shall undertake collective bargaining on the pay, hours and holidays of these workers, unless the employer and the union so agree.

JNB Membership

5) The membership of the JNB shall usually comprise three employer representatives (who together shall constitute the Employer Side of the JNB) and three union representatives (who together shall constitute the Union Side of the JNB). Both parties will notify each other in writing via email of the names and job titles of their members as soon as is reasonably practicable after they are identified or elected.

6) The employer shall select those individuals who comprise the Employer Side. The individuals must either be those who take the final decisions within the employer’s organisation in respect of the pay, hours and holidays of the workers in the bargaining unit or who are expressly authorised by the employer to make recommendations directly to those who take such final decisions. Unless it would be unreasonable to do so, the employer shall select as a representative the most senior person responsible for employment relations in the bargaining unit.

7) The union shall select those individuals who comprise the Union Side in accordance with its own rules and procedures. The representatives must either be individuals employed by the employer or individuals employed by the union who are officials of the union within the meaning of sections 1 and 119 of the Trade Union and Labour Relations (Consolidation) Act 1992 (“the 1992 Act”).

8) The JNB shall determine their own rules in respect of the attendance at JNB meetings of observers and substitutes who deputise for JNB members.

Officers

9) The Employer Side shall select one of its members to act as its Chair and one to act as its Secretary. The Union Side shall select one of its members to act as its Chair and one to act as its Secretary. The same person may perform the roles of Chair and Secretary of a Side.

10) For the twelve months from the date of the JNB’s first meeting, meetings of the JNB shall be chaired by the Chair of the Employer Side. The Chair of the Union Side shall chair the JNB’s meetings for the following twelve months. The chairing of JNB meetings will alternate in the same way thereafter at intervals of twelve months. In the absence of the person who should chair JNB meetings, a JNB meeting shall be chaired by another member of that person’s Side.

11) The Secretary of the Employer Side shall act as Secretary to the JNB. They shall circulate documentation and agendas in advance of JNB meetings, arrange suitable accommodation for meetings, notify members of meetings and draft the written record of JNB meetings. The Secretary of the Employer Side shall work closely with the Secretary of the Union Side in the discharge of these duties, disclosing full information about his performance of these tasks.

JNB Organisation

12) Draft agendas shall be circulated at least three working days in advance of JNB meetings. The draft record of JNB meetings shall be circulated within ten working days of the holding of meetings for approval at the next JNB meeting. The record does not need to be a verbatim account, but should fully describe the conclusions reached and the actions to be taken.

13) Subject to the timetable of meetings stipulated in paragraphs 15, 17, 20 and 28 below, the date, timing and location of meetings shall be arranged by the JNB’s Secretary, in full consultation with the Secretary of the Union Side, to ensure maximum attendance at meetings. A meeting of the JNB shall be quorate if 50% or more of each Side’s members (or, where applicable, their substitutes) are in attendance.

Bargaining Procedure

14) The union’s proposals for adjustments to pay, hours and holidays shall be dealt with on an annual basis, unless the two Sides agree a different bargaining period.

15) The JNB shall conduct these negotiations for each bargaining round according to the following staged procedure.

Step 1 - The union shall set out in writing, and send to the employer, its proposals (the “claim”) to vary the pay, hours and holidays, specifying which aspects it wants to change. In its claim, the union shall set out the reasons for its proposals, together with the main supporting evidence at its disposal at the time. The union shall submit its first claim at least a month in advance of March 1 (and by the same date in subsequent rounds). The employer and the union may agree a different date by which the claim should be submitted each year. If the union fails to submit its claim by this date, then the procedure shall be ended for the bargaining round in question. Exceptionally, the union may submit a late claim without this penalty if its work on the claim was delayed while the Central Arbitration Committee considered a relevant complaint by the union of failure by the employer to disclose information for collective bargaining purposes.

Step 2 - Within ten working days of the Employer Side’s receipt of the union’s letter, a quorate meeting of the JNB shall be held to discuss the claim. At this meeting, the Union Side shall explain its claim and answer any reasonable questions arising to the best of its ability.

Step 3 -

(a) Within fifteen working days immediately following the Step 2 meeting, the employer shall either accept the claim in full or write to the union responding to its claim. If the Employer Side requests it, a quorate meeting of the JNB shall be held within the fifteen day period to enable the employer to present this written response directly to the Union Side. In explaining the basis of his response, the employer shall set out in this written communication all relevant information in his possession. In particular, the written communication shall contain information costing each element of the claim and describing the business consequences, particularly any staffing implications, unless the employer is not required to disclose such information for any of the reasons specified in section 182(1) of the 1992 Act. The basis of these estimated costs and effects, including the main assumptions that the employer has used, shall be set out in the communication. In determining what information is disclosed as relevant, the employer shall be under no greater obligation that he is under the general duty imposed on him by sections 181 and 182 of the 1992 Act to disclose information for the purposes of collective bargaining.

(b) If the response contains any counter-proposals, the written communication shall set out the reasons for making them, together with the supporting evidence. The letter shall provide information estimating the costs and staffing consequences of implementing each element of the counter proposals, unless the employer is not required to disclose such information for any of the reasons specified in section 182(1) of the 1992 Act.

Step 4 - Within ten working days of the Union Side’s receipt of the employer’s written communication, a further quorate meeting of the JNB shall be held to discuss the employer’s response. At this meeting, the Employer Side shall explain its response and answer any reasonable questions arising to the best of its ability.

Step 5 - If no agreement is reached at the Step 4 meeting (or the last of such meetings if more than one is held at that stage in the procedure), another quorate meeting of the JNB shall be held within ten working days. The union may bring to this meeting a maximum of two other individuals employed by the union who are officials within the meaning of the sections 1 and 119 of the 1992 Act. The employer may bring to the meeting a maximum of two other individuals who are employees or officials of an employer’s organisation to which the employer belongs. These additional persons shall be allowed to contribute to the meeting, as if they were JNB members.

Step 6 - If no agreement is reached at the Step 5 meeting (or the last of such meetings if more than one meeting is held at that stage in the procedure), within five working days the employer and the union shall consider, separately or jointly, consulting ACAS about the prospect of ACAS helping them to find a settlement of their differences through conciliation. In the event that both parties agree to invite ACAS to conciliate, both parties shall give such assistance to ACAS as is necessary to enable it to carry out the conciliation efficiently and effectively.

16) The parties shall set aside half a working day for each JNB meeting, unless the Employer Side Chair and the Union Side Chair agree a different length of time for the meeting. Unless it is essential to do otherwise, meetings shall be held during the normal working time of most union members of the JNB. Meetings may be adjourned, if both Sides agree. Additional meetings at any point in the procedure may be arranged, if both Sides agree. In addition, if the Employer Side requests it, a meeting of the JNB shall be held before the union has submitted its claim or before the employer is required to respond, enabling the Employer Side to explain the business context within which the employer shall assess the claim.

17) The employer shall not vary the contractual terms affecting the pay, hours or holidays of workers in the bargaining unit, unless he has first discussed his proposals with the union. Such proposals shall normally be made by the employer in the context of his consideration of the union’s claim at Steps 3 or 4. If, however, the employer has not tabled his proposals during that process and he wishes to make proposals before the next bargaining round commences, he must write to the union setting out his proposals and the reasons for making them, together with the supporting evidence. The letter shall provide information estimating the costs and staffing consequences of implementing each element of the proposals, unless the employer is not required to disclose such information for any of the reasons specified in section 182(1) of the 1992 Act. A quorate meeting of the JNB shall be held within five working days of the Union Side’s receipt of the letter. If there is a failure to resolve the issue at that meeting, then meetings shall be arranged, and steps shall be taken, in accordance with Steps 5 and 6 of the above procedure.

18) Paragraph 17 does not apply to terms in the contract of an individual worker where that worker has agreed that the terms may be altered only by direct negotiation between the worker and the employer.

Collective Agreements

19) Any agreements affecting the pay, hours and holidays of workers in the bargaining unit, which the employer and the union enter following negotiations, shall be set down in writing and signed by the Chair of the Employer Side and by the Chair of the Union Side or, in their absence, by another JNB member on their respective Sides.

20) If either the employer or union consider that there has been a failure to implement the agreement, then that party can request in writing a meeting of the JNB to discuss the alleged failure. A quorate meeting shall be held within five working days of the receipt of the request by the JNB Secretary. If there is a failure to resolve the issue at that meeting, then meetings shall be arranged, and steps shall be taken, in accordance with Steps 5 and 6 of the above procedure.

Facilities and Time Off

21) If they are employed by the employer, union members of the JNB:

• shall be given paid time off by the employer to attend JNB meetings;

• shall be given paid time off by the employer to attend a two hour pre-meeting of the Union Side before each JNB meeting; and

• shall be given paid time off by the employer to hold a day-long meeting to prepare the claim at Step 1 in the bargaining procedure.

The union members of the JNB shall schedule such meetings at times which minimise the effect on production and services. In arranging these meetings, the union members of the JNB shall provide the employer and their line management with as much notice as possible and give details of the purpose of the time off, the intended location of the meeting and the timing and duration of the time off. The employer shall provide adequate heating and lighting for these meetings, and ensure that they are held in private.

22) If they are not employed by the employer, union members of the JNB or other union officials attending JNB meetings shall be given sufficient access to the employer’s premises to allow them to attend Union Side pre-meetings, JNB meetings and meetings of the bargaining unit as specified in paragraph 23.

23) The employer shall agree to the union’s reasonable request to hold meetings with members of the bargaining unit on company premises to discuss the Step 1 claim, the employer’s offer or revisions to either. The request shall be made at least three working days in advance of the proposed meeting. However, the employer is not required to provide such facilities, if the employer does not possess available premises which can be used for meetings on the scale suggested by the union. The employer shall provide adequate heating and lighting for meetings, and ensure that the meeting is held in private. Where such meetings are held in working time, the employer is under no obligation to pay individuals for the time off. Where meetings take place outside normal working hours, they should be arranged at a time which is otherwise convenient for the workers.

24) Where resources permit, the employer shall make available to the Union Side of the JNB such typing, copying and word-processing facilities as it needs to conduct its business in private.

25) Where resources permit, the employer shall set aside a room for the exclusive use of the Union Side of the JNB. The room shall possess a secure cabinet and a telephone.

26) In respect of issues which are not otherwise specified in this method, the employer and the union shall have regard to the guidance issued in the ACAS Code of Practice on Time Off for Trade Union Duties and Activities and ensure that there is no unwarranted or unjustified failure to abide by it.

Disclosure of Information

27) The employer and the union shall have regard to the ACAS Code of Practice on the Disclosure of Information to Trade Unions for Collective Bargaining Purposes and ensure that there is no unwarranted or unjustified failure to abide by it in relation to the bargaining arrangements specified by this method.

Revision of the Method

28) The employer or the union may request in writing a meeting of the JNB to discuss revising any element of this method, including its status as a legally binding contract. A quorate meeting of the JNB shall be held within ten working days of the receipt of the request by the JNB Secretary. This meeting shall be held in accordance with the same arrangements for the holding of other JNB meetings.

General

29) The employer and the union shall take all reasonable steps to ensure that this method to conduct collective bargaining is applied efficiently and effectively.

30) It is envisaged that the vast majority of meetings will be at Petty France. In the event that there are unforeseen circumstances that render such a meeting impossible, the Employer will use all reasonable endeavours to arrange meeting facilities within a reasonable distance.

31) The definition of a “working day” used in this method is any day other than a Saturday or a Sunday, Christmas Day or Good Friday, or a day which is a bank holiday.

32) All time limits mentioned in this method may be varied on any occasion, if both the employer and the union agree.

9. Appendix 2

RECOGNITION AGREEMENT REFLECTING SPECIFIED METHOD UNLESS OTHERWISE STATED

1) Parties to the Agreement

1.1 This Agreement is between OCS Group UK Ltd (hereinafter known as the Company) and the United Voices of the World Trade Union (hereinafter known as the Union).

2) Commencement date

2.1 This Agreement commences on (insert date).

3) Scope/Purpose of the Agreement

3.1 This Agreement covers all workers other than management and administrative staff employed by OCS Group UK Limited working on the contract at Ministry of Justice, 102, Petty France, London SW1H 9AJ (hereinafter known as the Employees).

3.2 This Agreement provides the Union recognition in respect of collective bargaining covering pay, hours and holidays only for the Employees.

4) Objectives

4.1 Industrial relations are a joint responsibility of the parties and require the meaningful participation of all concerned.

4.2 The parties have a common objective in using the process of negotiation, consultation and information sharing to achieve results that are beneficial to the Company, client and its Employees for pay, hours and holidays.

4.3 The parties will act in a respectful, honest and trustworthy way with each other.

4.4 The parties may exchange information of a confidential nature subject to their respective legal obligations. The parties agree to respect the confidentiality of any such information provided. They recognize that breaches of confidentiality are inconsistent with 4.1 above and compromise the other party’s willingness to provide such confidential information again.

5) The Joint Negotiating Body

5.1 The Company and the Union shall establish a Joint Negotiating Body (JNB) to discuss and negotiate the pay, hours and holidays of the Employees.

6) JNB Membership

6.1 The membership of the JNB shall comprise three Company representatives (who together shall constitute the Company Side of the JNB) and three Union representatives (who together shall constitute the Union Side of the JNB). Both parties will notify each other in writing, via email, of the names and job titles of their members as soon as they are identified or elected.

6.2 The Company shall select those individuals who comprise the Company Side. The individuals must either be those who take the final decisions within the Company in respect of the pay, hours and holidays of the Employees or who are expressly authorised by the Company to make recommendations directly to those who take such final decisions. Unless it would be unreasonable to do so, the Company shall select as a representative the most senior person responsible for employment relations in the bargaining unit.

6.3 The Union shall select those individuals who comprise the Union Side in accordance with its own rules and procedures. The representatives must either be individuals employed by the Company or individuals employed by the Union who are officials of the Union within the meaning of sections 1 and 119 of the Trade Union and Labour Relations (Consolidation) Act 1992 (“the 1992 Act”).

6.4 The JNB shall determine their own rules in respect of the attendance at JNB meetings of observers and substitutes who deputise for JNB members. The number of observers and substitutes must be limited to two per meeting. The role of observer is specifically to observe and not to participate.

7) Officers

7.1 The Company Side shall select one of its members to act as its Chairman and one to act as its Secretary. The Union Side shall select one of its members to act as its Chairman and one to act as its Secretary. The same person may perform the roles of Chairman and Secretary of a Side.

7.2 For the twelve months from the date of the JNB’s first meeting, meetings of the JNB shall be chaired by the Chairman of the Company Side. The Chairman of the Union Side shall chair the JNB’s meetings for the following twelve months. The chairmanship of JNB meetings will alternate in the same way thereafter at intervals of twelve months. In the absence of the person who should chair JNB meetings, a JNB meeting shall be chaired by another member of that person’s Side.

7.3 The Secretary of the Company Side shall act as Secretary to the JNB. They shall circulate documentation and agendas in advance of JNB meetings, arrange suitable accommodation for meetings, notify members of meetings and draft the written record of JNB meetings. The Secretary of the Company Side shall work closely with the Secretary of the Union Side in the discharge of these duties, disclosing full information about his performance of these tasks

8) JNB Organisation

8.1 Draft agendas shall be circulated at least three working days in advance of JNB meetings. The draft record of JNB meetings shall be circulated within ten working days of the holding of meetings for approval at the next JNB meeting. The record does not need to be a verbatim account but should fully describe the conclusions reached and the actions to be taken.

8.2 Subject to the timetable of meetings stipulated in paragraphs 9.2, 9.6, 10.2 and 13.1 below, the date, timing and location of meetings shall be arranged by the JNB’s Secretary, in full consultation with the Secretary of the Union Side, to ensure maximum attendance at meetings. A meeting of the JNB shall be quorate if 50% or more of each Side’s members (or, where applicable, their substitutes) are in attendance.

9) Bargaining Procedure

9.1 The Union’s proposals for adjustments to pay, hours and holidays shall be dealt with on an annual basis, unless the two Sides agree a different bargaining period.

9.2 The JNB shall conduct these negotiations for each bargaining round according to the following staged procedure

Step 1 - The Union shall set out in writing, and send to the Company, its proposals (the “claim”) to vary the pay, hours and holidays, specifying which aspects it wants to change. In its claim, the Union shall set out the reasons for its proposals, together with the main supporting evidence at its disposal at the time. The Union shall submit its first claim at least a month in advance of April (and by the same date in subsequent rounds). The Company and the Union may agree a different date by which the claim should be submitted each year. If the Union fails to submit its claim by this date, then the procedure shall be ended for the bargaining round in question. Exceptionally, the Union may submit a late claim without this penalty if its work on the claim was delayed while the Central Arbitration Committee considered a relevant complaint by the union of failure by the employer to disclose information for collective bargaining purposes.

Step 2 - Within ten working days of the Company Side’s receipt of the union’s letter, a quorate meeting of the JNB shall be held to discuss the claim. At this meeting, the Union Side shall explain its claim and answer any reasonable questions arising to the best of its ability.

Step 3 -

(a) Within fifteen working days immediately following the Step 2 meeting, the Company shall either accept the claim in full or write to the union responding to its claim. If the Company Side requests it, a quorate meeting of the JNB shall be held within the fifteen day period to enable the Company to present this written response directly to the Union Side. In explaining the basis of its response, the Company shall set out in this written communication all relevant information in its possession. In particular, the written communication shall contain information costing each element of the claim and describing the business consequences, particularly any staffing implications, unless the Company is not required to disclose such information for any of the reasons specified in section 182(1) of the 1992 Act. The basis of these estimated costs and effects, including the main assumptions that the Company has used, shall be set out in the communication. In determining what information is disclosed as relevant, the Company shall be under no greater obligation that it is under the general duty imposed on it by sections 181 and 182 of the 1992 Act to disclose information for the purposes of collective bargaining.

(b) If the response contains any counter-proposals, the written communication shall set out the reasons for making them, together with the supporting evidence. The letter shall provide information estimating the costs and staffing consequences of implementing each element of the counter proposals, unless the Company is not required to disclose such information for any of the reasons specified in section 182(1) of the 1992 Act.

Step 4 - Within ten working days of the Union Side’s receipt of the Company’s written communication, a further quorate meeting of the JNB shall be held to discuss the Company’s response. At this meeting, the Company Side shall explain its response and answer any reasonable questions arising to the best of its ability.

Step 5 - If no agreement is reached at the Step 4 meeting (or the last of such meetings if more than one is held at that stage in the procedure), another quorate meeting of the JNB shall be held within ten working days. The Union may bring to this meeting a maximum of two other individuals employed by the Union who are officials within the meaning of the sections 1 and 119 of the 1992 Act. The Company may bring to the meeting a maximum of two other individuals who are employees or officials of a Company’s organisation to which the Company belongs. These additional persons shall be allowed to contribute to the meeting, as if they were JNB members.

Step 6 - If no agreement is reached at the Step 5 meeting (or the last of such meetings if more than one meeting is held at that stage in the procedure), within five working days the Company and the Union shall consider, separately or jointly, consulting ACAS about the prospect of ACAS helping them to find a settlement of their differences through conciliation. In the event that both parties agree to invite ACAS to conciliate, both parties shall give such assistance to ACAS as is necessary to enable it to carry out the conciliation efficiently and effectively.

9.3 The parties agree that only after the exhaustion of the procedures referred to in steps 1 to 6 may the Union ballot for industrial action.

9.4 The Union agrees it will not authorize or endorse any industrial action unless it has fully complied with its balloting and notification requirements under the Trade Union and Labour Relations (Consolidation) Act 1992.

9.5 The parties shall set aside half a working day for each JNB meeting unless the Company Side Chairman and the Union Side Chairman agree a different length of time for the meeting. Unless it is essential to do otherwise, meetings shall be held during the normal working time of most union members of the JNB. Meetings may be adjourned if both Sides agree. Additional meetings at any point in the procedure may be arranged if both Sides agree. In addition, if the Company Side requests it, a meeting of the JNB shall be held before the Union has submitted its claim or before the Company is required to respond, enabling the Company Side to explain the business context within which the Company shall assess the claim.

9.6 The Company shall not vary the contractual terms affecting the pay, hours or holidays of workers in the bargaining unit, unless it has first discussed its proposals with the Union. Such proposals shall normally be made by the Company in the context of its consideration of the Union’s claim at Steps 3 or 4. If, however, the Comany has not tabled its proposals during that process and it wishes to make proposals before the next bargaining round commences, it must write to the Union setting out its proposals and the reasons for making them, together with the supporting evidence. The letter shall provide information estimating the costs and staffing consequences of implementing each element of the proposals, unless the Company is not required to disclose such information for any of the reasons specified in section 182(1) of the 1992 Act. A quorate meeting of the JNB shall be held within five working days of the Union Side’s receipt of the letter. If there is a failure to resolve the issue at that meeting, then meetings shall be arranged, and steps shall be taken, in accordance with Steps 5 and 6 of the above procedure.

9.7 Paragraph 9.6 does not apply to terms in the contract of an individual employee where that employee has agreed that the terms may be altered only by direct negotiation between the worker and the Company.

10) Collective Agreements

10.1 Any agreements affecting the pay, hours and holidays of the Employees, which the Company and the Union enter following negotiations, shall be set down in writing and signed by the Chairman of the Company Side and by the Chairman of the Union Side or, in their absence, by another JNB member on their respective Sides.

10.2 If either the Company or Union consider that there has been a failure to implement the agreement, then that party can request in writing a meeting of the JNB to discuss the alleged failure. A quorate meeting shall be held within five working days of the receipt of the request by the JNB Secretary. If there is a failure to resolve the issue at that meeting, then meetings shall be arranged, and steps shall be taken, in accordance with Steps 5 and 6 of the above procedure.

11) Facilities and Time Off

11.1 If they are employed by the Company, Union members of the JNB:

• shall be given paid time off by the Company to attend JNB meetings;

• shall be given paid time off by the Company to attend a two hour pre-meeting of the Union Side before each JNB meeting; and

• shall be given paid time off by the Company to hold a day-long meeting to prepare the claim at Step 1 in the bargaining procedure.

11.2 The Union members of the JNB shall schedule such meetings at times which minimise the effect on production and services. In arranging these meetings, the Union members of the JNB shall provide the employer and their line management at least seven days notice and give details of the purpose of the time off, the intended location of the meeting and the timing and duration of the time off.

11.3 The Company shall agree to the Union’s reasonable request to hold meetings with members of the bargaining unit to discuss the Step 1 claim, the employer’s offer or revisions to either. However, such meetings must take place outside normal working hours and should be arranged at a time which is otherwise convenient for the workers.

11.4 In respect of issues which are not otherwise specified in this method, the Company and the union shall have regard to the guidance issued in the ACAS Code of Practice on Time Off for Trade Union Duties and Activities and ensure that there is no unwarranted or unjustified failure to abide by it.

11.5 The right to time off does not extend to activities which itself consists of industrial action, whether or not in contemplation or action of an industrial dispute. Time off will not be granted where the activity consists of arranging or participating in industrial action.

11.6 Where an accredited Union representative has been permitted by the Company to take time off during working hours for relevant duties, or for time off spent in meetings with the Company they will be paid as if they had worked in their normal job for the duration of the meeting. No payment will be made where the duty is carried out at a time when the Representative or Deputy would not otherwise be at work.

12) Disclosure of Information

12.1 The Company and the Union shall have regard to the ACAS Code of Practice on the Disclosure of Information to Trade Unions for Collective Bargaining Purposes and ensure that there is no unwarranted or unjustified failure to abide by it in relation to the bargaining arrangements specified by this method.

13) Revision of the Agreement

13.1 The Company or the Union may request in writing a meeting of the JNB to discuss revising any element of this method, including its status as a legally binding contract. A quorate meeting of the JNB shall be held within ten working days of the receipt of the request by the JNB Secretary. This meeting shall be held in accordance with the same arrangements for the holding of other JNB meetings.

14) General

14.1 The Company and the union shall take all reasonable steps to ensure that this method to conduct collective bargaining is applied efficiently and effectively.

14.2 The definition of a “working day” used in this method is any day other than a Saturday or a Sunday, Christmas Day or Good Friday, or a day which is a bank holiday.

14.3 All time limits mentioned in this method may be varied on any occasion if both the Company and the union agree.

10) Signatories

The parties to this agreement are set out below:

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OCS Group UK Ltd

Name:

Signature:

Date:

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United Voices of the World

Name:

Signature:

Date:

10. Appendix 3

Names of those who attended the hearing:

For the Employer:

Deshpal Panesar QC, Counsel,

Georgena Clarke, In-house Employment Legal Counsel

Mike Jones, Operations Director

For the Union:

Cormac Devlin

Richard O’Keeffe

Petros Elia

Molly Fisher de Dios