Recognition Decision
Updated 24 October 2022
Applies to England, Scotland and Wales
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Case Number: TUR1/1279(2022)
24 October 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 Road Transport Union (URTU)
and
Brenntag UK Limited
1. Introduction
1) URTU (the Union) submitted an application to the CAC dated 25 June 2022 and which was received on 27 June 2022 that it should be recognised for collective bargaining by Brenntag UK Limited (the Employer) for a bargaining unit comprising the “ Drivers” based at the Sunderland Depot, 4 Turbine Way, Sunderland, SR5 3NZ. The CAC gave both parties notice of receipt of the application on 27 June 2022. The Employer submitted a response to the CAC on 4 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 Mrs Lisa Gettins, Panel Chair, and, as Members, Mr Alastair Kelly and Mr Paul Morley. The Case Manager appointed to support the Panel was Kaniza Bibi.
3) By its written decision dated 8 August 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 2 September 2022 the parties notified the CAC that they had reached an agreement as to the appropriate bargaining unit and this was “Drivers”. In an email dated 9 September 2022 the Employer confirmed that there was a total of six drivers in the agreed bargaining unit.
2. Issues
4) Paragraph 22 of the 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 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:
(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 it should be recognised without a ballot
5) In a letter dated 7 September 2022 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 September 2022, stated that “It can confirm that the URTU have the majority of membership within the proposed bargaining unit and as such should be granted recognition without the requirement of a ballot.”
4. Summary of the Employer’s response to the Union’s claim that it should be recognised without a ballot
6) On 15 September 2022 the CAC copied the Union’s e-mail of 12 September 2022 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 dated 24 September 2022 the Employer stated that “Following discussions with the Union we have confirmed the Bargaining Unit and are in agreement that this covers solely drivers (currently 6). We are unable to confirm via our own payroll that the majority of the bargaining unit are members of the union, however, recognise that in your letter dated 13 July 2022 this was confirmed. We would, however, like to ensure that all members do wish formal recognition to be granted, therefore, on that basis, and in the interests of good industrial relations we would request a ballot to be conducted.”
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 13 July 2022 had shown the Employer listing a total of 8 workers. As stated in the acceptance decision dated 8 August 2022, the Union had provided a spreadsheet listing 8 union members. The number of Union members in the proposed bargaining unit was 7, a membership level of 87.50%. Following the parties agreement the number of workers in the bargaining unit reduced to 6. The Panel is satisfied that even on the reduced figure, membership of the Union would still be a majority. Accordingly, the Panel accepts that the majority of workers in the bargaining unit are members of the Union.
10) The Panel has considered carefully 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. The Employer mentioned good industrial relations in its comments but didn’t explain further. 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)
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 “Drivers” based at the Sunderland Depot.
Panel
Mrs Lisa Gettins, Panel Chair
Mr Alastair Kelly
Mr Paul Morley
24 October 2022