Recognition Decision
Updated 10 December 2021
Applies to England, Scotland and Wales
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Case Number: TUR1/1211(2021)
10 December 2021
CENTRAL ARBITRATION COMMITTEE
TRADE UNION AND LABOUR RELATIONS (CONSOLIDATION) ACT 1992
SCHEDULE A1 - COLLECTIVE BARGAINING: RECOGNITION
DECLARATION OF RECOGNITION
The Parties:
United Road Transport Union
and
Eddie Stobart Limited
1. Introduction
1) United Road Transport Union (URTU) (the Union) submitted an application to the CAC dated 22 February 2021 that it should be recognised for collective bargaining by Eddie Stobart Limited (the Employer) for a bargaining unit comprising “Core worker warehouse operatives up to (but not including) the level of supervisor” and the location was given as Eddie Stobart DC420, Kilsby, Rugby CV23 8YL. The application was received by the CAC on 25 February 2021. The CAC gave both parties notice of receipt of the application on 26 February 2021. The Employer submitted a response to the CAC dated 3 March 2021 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 Professor Kenny Miller, Panel Chair, and, as Members, Mr Tom Keeney who was subsequently replaced by Mr Sean McIlveen and Ms Fiona Wilson who was subsequently replaced by Mr Matt Smith OBE. The Case Manager appointed to support the Panel was Linda Lehan.
3) By a decision dated 26 March 2021 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. As no agreement was reached, the parties were invited to supply the Panel with, and to exchange, written submissions relating to the question of the determination of the appropriate bargaining unit. A hearing via zoom was held on 16 June 2021. After due consideration of the parties’ submissions, both written and oral, the Panel decided that the appropriate bargaining unit in this case was that proposed by the Union comprising “Core worker warehouse operatives excluding agency workers up to (but not including) the level of supervisor” located at Eddie Stobart DC420, Kilsby, Rugby CV23 8YL.
4) On 20 July 2021 the Union confirmed that they were not claiming majority membership and on 21 July 2021, the Panel, satisfied that a majority of the workers constituting the bargaining unit were not members of the Union, gave notice in accordance with paragraph 23(2) that a secret ballot would be held. The Panel also advised the parties that it would wait until the end of the notification period of ten working days, as specified in paragraph 24(5), before arranging a secret ballot. The parties were also asked for their views on the form the ballot should take.
5) The Employer in a letter dated 26 July 2021 and the Union in an email dated 28 July 2021 both requested a postal ballot. In a letter dated 4 August 2021, in accordance with paragraph 25(4) of the Schedule, the Panel conveyed to the Parties that the ballot should be a postal ballot. The parties were able to reach agreement as to access and the CAC was notified accordingly.
2. The Ballot
6) Mi-Voice was appointed as QIP on 8 November 2021 to conduct the ballot and the parties were notified accordingly. The Employer provided a list of the names and addresses of workers in the bargaining unit to the CAC which was passed to the QIP. The postal ballot papers were dispatched on 23 November 2021 to be returned to the QIP by no later than noon on 6 December 2021.
7) The QIP reported to the CAC on 6 December 2021 that out of fifty-one (51) workers eligible to vote, thirty-six (36) ballot papers had been returned. Thirty-three (33) workers, that is 91.67% of those voting, had voted to support the proposal that the Union be recognised for the purposes of collective bargaining with the Employer. Three (3), that is 8.33% of those voting, voted to reject the proposal. The number of votes supporting the proposal as a percentage of the bargaining unit was 64.71%.
8) The CAC informed the Employer and the Union on 7 December 2021 of the result of the ballot in accordance with paragraph 29(2) of the Schedule.
3. Declaration of Recognition
9) The ballot establishes that a majority of the workers voting and at least 40% of the workers constituting the bargaining unit support the proposal that the Union should be recognised by the Employer for the purpose of conducting collective bargaining in respect of the bargaining unit. This satisfies the conditions under which the CAC must issue a declaration in favour of recognition in accordance with paragraph 29(3) of the Schedule.
10) The CAC declares that the Union is recognised by the Employer as entitled to conduct collective bargaining on behalf of the bargaining unit comprising “Core worker warehouse operatives excluding agency workers up to (but not including) the level of supervisor” located at Eddie Stobart DC420, Kilsby, Rugby CV23 8YL.
Panel
Professor Kenny Miller, Panel Chair
Mr Sean McIlveen
Mr Matt Smith OBE
10 December 2021