Decision

Recognition Decision

Updated 21 February 2023

Applies to England, Scotland and Wales

Case Number: TUR1/1281(2022)

23 August 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:

United Voices of the World

and

Places for people Leisure Management Ltd

1. Introduction

1) United Voices of the World (the Union) submitted an application to the CAC dated 7 July 2022 that it should be recognised for collective bargaining purposes by Places for people Management Ltd (the Employer) for a bargaining unit comprising “all cleaners employed by Places for People Leisure Management Ltd to work at Latchmere Leisure Centre, Burns Road, SW11 5AD.” The location of the bargaining unit was given as Latchmere Leisure Centre, Burns Road, SW11 5AD. The application was received by the CAC on 7 July 2022 and the CAC gave notice of receipt of the application to the parties that day. The Employer submitted a response to the CAC dated 14 July 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 Mr Tariq Sadiq, Panel Chair, and, as Members, Mr Mustafa Faruqi and Mr Steve Gillan. The Case Manager appointed to support the Panel was Joanne Curtis.

3) By a decision dated 19 July 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 16 August 2022 the parties agreed that the appropriate bargaining unit in this matter was that originally proposed by the Union: “all cleaners employed by Places for People Leisure Management Ltd to work at Latchmere Leisure Centre, Burns Road, SW11 5AD.” As the agreed bargaining unit was the same as that proposed by the Union in its application, the Panel moved to the next stage in the statutory process.

2. Issues

4) Paragraph 22 of 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.

5) Information provided by the Parties showed that 3 (75%) of the 4 workers in the Union’s proposed bargaining unit were members of the Union. In a letter from the Case Manager to the Union dated 16 August 2022 the Union was asked whether it wished to claim majority membership within the bargaining unit and that it should therefore be granted recognition without a ballot. In an email to the Case Manager dated 16 August 2022 the Union claimed to have majority membership and stated that it should therefore be granted recognition without a ballot. In a letter from the Case Manager to the Employer dated 17 August 2022 the Employer was invited to make any submissions it wished to make on the Union’s claim to majority membership and on the three qualifying conditions specified in paragraph 22(4) of the Schedule by close of business on 19 August 2022. In an e mail to the case manager dated 18 August 2022 the Employer said “the company has been informed that there is majority union membership in the Bargaining Unit but, does not have direct knowledge of this. The company is not aware of any reason why a ballot would be required if the CAC is satisfied that there is majority union membership in the Bargaining Unit. Once this issue of membership is confirmed by the CAC the company would like to agree the Method/Recognition Agreement with the Union.”

3. Considerations

6) As set out in paragraph 4 above, the Act 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 then decide if any of the three conditions in paragraph 22(4) is fulfilled. If the Panel considers that any of them is fulfilled it must give notice to the parties that it intends to arrange for the holding of a secret ballot.

7) Neither party submitted that there had been any material changes in the composition of the workforce or the density of union membership and the Panel has not received any evidence from any other source which indicates that this might have been the case. The Panel is satisfied, therefore, that a majority of the workers constituting the bargaining unit are members of the Union. Paragraph 22(2) of the Schedule requires the CAC to issue a declaration that the Union is recognised where 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. The Panel has considered all the evidence in reaching its decision as to whether any of the qualifying conditions is fulfilled.

Paragraph 22(4)(a)

8) The first condition is that the Panel is satisfied that a ballot should be held in the interests of good industrial relations. No evidence has been put before the Panel to show how industrial relations would be detrimentally affected if it were to award recognition without holding a ballot. The Panel has therefore concluded that this condition has not been satisfied.

Paragraph 22(4)(b)

9) 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 Panel has no such evidence and the Panel has therefore concluded that this condition does not apply.

Paragraph 22(4)(c)

10) 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 the Panel has therefore concluded that this condition does not apply.

4. Declaration of recognition

11) 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 cleaners employed by Places for People Leisure Management Ltd to work at Latchmere Leisure Centre, Burns Road, SW11 5AD.”

Panel

Mr Tariq Sadiq, Panel Chair

Mr Mustafa Faruqi

Mr Steve Gillan

23 August 2022