Recognition Decision
Updated 31 May 2023
Applies to England, Scotland and Wales
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Case Number: TUR1/1310(2023)
31 May 2023
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 Road Transport Union
and
Advanced Supply Chain Group Limited
1. Introduction
1) The United Road Transport Union (the Union) submitted an application to the Central Arbitration Committee (the CAC) dated 20 March 2023 that it should be recognised for collective bargaining purposes by Advanced Supply Chain Group (the Employer) in respect of a bargaining unit comprising “Drivers”. The location of the bargaining unit was given as “Bradford, Halifax, Sheffield and Corby”. The application was received by the CAC on 20 March 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 27 March 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 Mr Stuart Robertson, Panel Chair, and, as Members, Mr Kieran Grimshaw and Ms Stephanie Marston. The Case Manager appointed to support the Panel was Kaniza Bibi.
3) By its written decision dated 20 April 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 11 May 2023 the parties notified the CAC that they had reached an agreement as to the appropriate bargaining unit and this was “HGV Drivers”. This bargaining unit comprised the same workers as that originally proposed by the Union, albeit expressed in different terms.
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.
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
5) In a letter dated 11 May 2023 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 11 May 2023, stated that “I can confirm that the Union do have the majority membership within the bargaining unit. The previous membership check remains valid”.
4. Summary of the Employer’s response to the Union’s claim that it should be recognised without a ballot
6) On 12 May 2023 the CAC copied the Union’s e-mail of 11 May 2023 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.
7) In its response in an email dated 15 May 2023 the Employer stated that “Thank you for your letter. My only challenge is that we now have 89 HGV drivers employed which, assuming that union membership hasn’t lapsed, reduces the membership to 50.5%. On this basis we would like to push for a ballot if possible”.
5. Considerations
8) 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.
9) The membership and support check conducted on 5 April 2023 had shown the Employer listing a total of 84 workers. As stated in the acceptance decision dated 20 April 2023, the Union had provided a spreadsheet listing 46 union members. The number of union members in the proposed bargaining unit was 45, a membership level of 53.57%. Accordingly, the Panel accepts that the majority of workers in the bargaining unit are members of the Union.
10) 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)
11) 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 the Employer had stated that union membership had reduced to 50.5% (based on an asserted increase in the number of HGV drivers employed) and on this basis, it “would like to push for a ballot if possible”. The Panel notes that there is no evidence whether, if additional drivers have been recruited, they are members of the Union, but in any event, the Union still has more than 50% of the workers in the bargaining unit in membership and the Employer has not put forward any other evidence as to why a ballot would be appropriate. Also, 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)
12) 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)
13) 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
14) 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 “HGV Drivers”. The Panel has amended the name of the Employer by adding the word “Limited”, to reflect its correct legal identity.
Panel
Mr Stuart Robertson, Panel Chair
Mr Kieran Grimshaw
Ms Stephanie Marston
31 May 2023