Decision

Recognition Decision

Updated 16 January 2024

Applies to England, Scotland and Wales

Case Number: TUR1/1370(2023)

16 January 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:

URTU

and

Wincanton

1. Introduction

1)        URTU (the Union) submitted an application to the CAC on 28 September2023 that it should be recognised for collective bargaining by Wincanton (the Employer) for a bargaining unit comprising the “HGV Drivers and Shunters working for Wincanton Primark in Islip”.  The CAC gave both parties notice of receipt of the application on 28 September 2023.  The Employer submitted a response to the CAC dated 4 October 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 Tariq Sadiq, Panel Chair, and, as Members, Mr David Cadger and Mr Michael Clancy.  The Case Manager appointed to support the Panel was Kaniza Bibi.

3)         By a decision dated 25 October 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 3 November the parties notified the CAC that they had reached an agreement as to the appropriate bargaining unit and this was “HGV Drivers and Shunters working for Wincanton Primark in Islip”.  This was the bargaining unit as proposed by the Union in its application.

4)         On 8 November, 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 21 November 2023.  The CAC was not notified by both the parties that they did 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. 

6)         The parties put forward two different types of ballots for the Panel to consider. The Employer argued for a postal ballot whereas the Union submitted that the ballot should be held in the workplace. The Panel considered carefully the arguments put by the parties and concluded in a decision dated 17 November 2023 that the appropriate form of ballot in this matter was a postal ballot and the parties were notified accordingly.

2. The Ballot

7)         Mi-Voice was appointed as QIP on 1 December 2023 to conduct the ballot and the parties were notified accordingly.  The postal ballot papers were despatched on 18 December 2023, to be returned by no later than noon on 10 January 2024, the day that the ballot closed ^{[footnote 1]}. 

8)         The QIP reported to the CAC on 10 January 2024, that out of 58 workers eligible to vote, 24 ballot papers had been returned: no ballot papers were found to be spoilt. Twenty-three workers, that is 95.8% of those voting, had voted to support the proposal that the Union be recognised for the purposes of collective bargaining with the Employer.  One worker, that is 4.2% of those voting, voted to reject the proposal.  The number of votes supporting the proposal as a percentage of the bargaining unit was 39.7%.

9)         The CAC informed the Employer and the Union on 12 January 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 did not establish that at least 40% of the workers constituting the bargaining unit supported the proposal that the Union should be recognised by the Employer for the purposes of conducting collective bargaining on behalf of the bargaining unit.

11)       In accordance with paragraph 29(4) of the Schedule, the CAC declares that the Union is not entitled to be recognised by the Employer as entitled to conduct collective bargaining on behalf of the bargaining unit.

Panel

Mr Tariq Sadiq, Panel Chair

Mr David Cadger

Mr Michael Clancy

16 January 2024

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1. The Panel had, pursuant to paragraph 25(3)(b), extended the time for the conduct of the ballot to allow for any postal delays over the Christmas period that could affect postal ballot papers being returned. ↩