Recognition Decision
Updated 14 June 2024
Applies to England, Scotland and Wales
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Case Number: TUR1/1385(2024)
14 June 2024
CENTRAL ARBITRATION COMMITTEE
TRADE UNION AND LABOUR RELATIONS (CONSOLIDATION) ACT 1992
SCHEDULE A1 - COLLECTIVE BARGAINING: RECOGNITION
DECLARATION THAT THE UNION IS NOT ENTITLED TO BE RECOGNISED
The Parties:
United Road Transport Union
and
Industrial Chemicals Limited
1. Introduction
1) The United Road Transport Union (the Union) submitted an application to the Central Arbitration Committee (the CAC) on 25 January 2024 that it should be recognised for collective bargaining by Industrial Chemicals Limited (the Employer) for a bargaining unit comprising the “The HGV drivers based at Industrial Chemicals Widnes” at Industrial Chemicals, Bowman Works, Gorsey Lane, Widnes WA8 0YZ. The CAC gave both parties notice of receipt of the application on 25 January 2024. The Employer submitted a response to the CAC dated 31 January 2024 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, Mrs Susan Jordan, and Mr Paul Morley. The Case Manager appointed to support the Panel was Kaniza Bibi.
3) By a decision dated 15 February 2024 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. In an email dated 26 February 2024 the Employer confirmed it agreed with the proposed bargaining unit.
4) On 26 February 2024, 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) of Schedule A1 to the Act (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. 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.
5) The notification period under paragraph 24(5) of the Schedule ended on 13 March 2024. The CAC was not notified by either of the parties that they did not want a ballot to be held, as per paragraph 24(2). The parties were also asked for their views on the form the ballot should take place and both parties agreed to a postal ballot.
6) The Panel directed that Mi-Voice should be appointed as the Qualified Independent Person (QIP) to conduct the ballot.
2. The Ballot
7) Mi-Voice was appointed as QIP on 9 May 2024 to conduct the ballot and the parties were notified accordingly. The postal ballot papers were despatched on 24 May 2024, to be returned by no later than noon on 7 June 2024, the day that the ballot closed.
8) The QIP reported to the CAC on 10 June 2024 that out of 12 workers eligible to vote, 8 ballot papers had been returned: no ballot papers were found to be spoilt. Eight workers, that is 100.00% of those voting, had voted to reject the proposal that the Union be recognised for the purposes of collective bargaining. The number of votes supporting the proposal as a percentage of the bargaining unit was 0.00%.
9) The CAC informed the Employer and the Union on 10 June 2024 of the result of the ballot in accordance with paragraph 29(2) of the Schedule.
3. Declaration that the Union is not entitled to be recognised
10) The ballot establishes that recognition of the Union is not supported by a majority of the workers voting and so, in accordance with paragraph 29(4) of the Schedule, the CAC declares that the Union is not recognised as entitled to conduct collective bargaining on behalf of the bargaining unit.
Panel
Mr Stuart Robertson, Panel Chair
Mrs Susan Jordan
Mr Paul Morley
14 June 2024