Decision

Recognition Decision

Updated 1 March 2023

Applies to England, Scotland and Wales

Case Number: TUR1/1294(2022)

28 February 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

Pullman Fleet Solutions Limited

1. Introduction

1) The United Road Transport Union (the Union) submitted an application to the Central Arbitration Committee (the CAC) on 2 December 2022 that it should be recognised for collective bargaining by Rivus Group ^{[footnote 1]} (the Employer) for a bargaining unit comprising “Workshop Controllers, Supervisors and Technicians” at the Wilko Maintenance Unit, Roebuck Way, Manton Wood, Worksop. The CAC gave both parties notice of receipt of the application on 2 December 2022. The Employer submitted a response to the CAC dated 9 December 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 Stuart Robertson, Panel Chair, and, as Members, Mrs Susan Jordan and Mr Ian Hanson. The Case Manager appointed to support the Panel was Kaniza Bibi.

3) By its written decision dated 17 January 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 10 February 2023 both parties notified the CAC that they had reached an agreement as to the appropriate bargaining unit and this was the same bargaining unit as proposed by the Union in its application.

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 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 to conduct collective bargaining on their behalf.

5) 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

6) In an email dated 10 February 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 email dated 10 February 2023, confirmed that the majority of employees within the bargaining unit were members of the Union and that a ballot would not be necessary in this instance.

4. Summary of the Employer’s response to the Union’s claim that it should be recognised without a ballot

7) On 13 February 2023 the CAC copied the Union’s e-mail of 10 February 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.

8) In its response dated 13 February 2023 the Employer confirmed that it was satisfied that the majority of employees within the bargaining unit were members of the Union and that a ballot would not be necessary in this instance.

5. Considerations

9) 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.

10) The membership and support check conducted on 28 December 2022 showed that the number of union members in the proposed bargaining unit was seven out of 12 workers in the bargaining unit, a membership level of 58.33%. Accordingly, the Panel accepts that the majority of workers in the bargaining unit are members of the Union.

11) The Panel has 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)

12) 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 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)

13) 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)

14) 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

15) 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 “Workshop Controllers, Supervisors and Technicians at the Wilko Maintenance Unit, Roebuck Way, Manton Wood, Worksop”.

Panel

Mr Stuart Robertson, Panel Chair

Mrs Susan Jordan

Mr Ian Hanson

28 February 2023

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1. The parties have agreed in correspondence that the correct name of the employer is “Pullman Fleet Solutions Limited” and the Panel has amended the name accordingly. ↩