Decision

Recognition Decision

Updated 18 October 2023

Applies to England, Scotland and Wales

Case Number: TUR1/1337(2023)

18 October 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 Voice of the World (UVW)

and

LB Navana

1. Introduction

1)         United Voices of the World (UVW) (the Union) submitted an application to the CAC dated 8 June 2023 that it should be recognised for collective bargaining purposes by Lee Baron Limited (the Employer) ^{[footnote 1]} in respect of a bargaining unit comprising “all the cleaners and concierge.” The location of the bargaining unit was given as “West End Quays, Balmoral Building, 2 Praed Street, W2 1JD, Peninsula Building, 4 Praed Street, W2 1JD, Westcliffe, 1 South Wharf Road, W2 1JN.” The application was received by the CAC on 8 June 2023 and the CAC gave both parties notice of receipt of the application by a letter of the same date. The Employer submitted a response to the CAC dated 14 June 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 Ms Laura Prince K.C., Panel Chair, and, as Members, Mr Roger Roberts, and Mr Nicholas Childs. The Case Manager appointed to support the Panel was Joanne Curtis.

3)         By a decision dated 12 July 2023 the Panel accepted the Union’s application. Following this decision, the parties then reached agreement on the appropriate bargaining unit. The agreed bargaining unit was described as “all cleaners, concierge and maintenance.”

4)         By e mail dated 9 October 2023 the Employer informed the Case Manager that there had been a change to the name and address of the Company from Lee Baron Limited to LB Navana. The Employer confirmed that the name and address of the Employer had changed but that its employees work location remained the same. In an e mail from the Union dated 12 October 2023 the Union referred to Companies House which confirmed the change. The Union also attached a WhatsApp message from the Employer dated 15 September 2023 which said “we have recently been working on an exciting change for the company and are pleased to announce that on 14 September 2023 Lee Baron has merged with Navana Property Group to create LB Navana.” The Union confirmed that it accepted the name change.

2. Issues

5)         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 agreed 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

6)         In its email of 4 October 2023, the Union claimed majority membership within the bargaining unit. The Union said that it believed the Employer accepted this. The Union went on to say that the number of workers in the revised bargaining unit had increased by one, and that worker was a Union member. The Union concluded by saying that on this basis recognition should be granted without the need for a ballot. 

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

7)         In an email dated 9 October 2023 the Employer stated that it had no further comments to make.

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 by the CAC on 3 July 2023 confirmed that the level of union membership in the proposed bargaining unit was 94.44%.  In its email to the CAC dated 3 October 2023 the Employer said that it did not dispute the fact that the majority of workers in the agreed bargaining unit were members of the Union.  Accordingly, the Panel accepts that the majority of workers in the bargaining unit are members of the Union.

10)       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)

11)       The first condition is that the Panel is satisfied that a ballot should be held in the interests of good industrial relations. The starting point for the Panel is that the membership check revealed that the Union has 94.44% membership within the bargaining unit. In the absence of evidence to the contrary, the Panel is entitled to assume that members of the Union will favour recognition of the Union for collective bargaining. There is no material from which the Panel can conclude that it would be in the interests of good industrial relations to order a ballot where the Union has a clear majority of members within the bargaining unit. The Panel finds that the first condition is not satisfied.

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 as particularised in paragraph 3 of this declaration.

Panel

Ms Laura Prince K.C., Panel Chair

Mr Roger Roberts

Mr Nicholas Childs

18 October 2023

---

1. In an e mail to the Case Manager dated 9 October 2023 the Employer stated that the company name and address had changed to LB Navana, 52-54 Gracechurch Street London EC3V 0EH. The location of the workers in the bargaining unit remained unchanged. The Panel agreed to amend the details of the Employer by consent. Paragraph 4 of this decision explains the change in more detail. ↩