Decision

Recognition Decision

Updated 17 July 2019

Case Number: TUR1/1088 (2019)

17 July 2019

CENTRAL ARBITRATION COMMITTEE

TRADE UNION AND LABOUR RELATIONS (CONSOLIDATION) ACT 1992

SCHEDULE A1 - COLLECTIVE BARGAINING: RECOGNITION

DECLARATION OF RECOGNITION

The Parties:

Unite the Union

and

International Baccalaureate Organization (UK) Ltd

1. Introduction

1) Unite the Union (the Union) submitted an application to the CAC dated 29 January 2019 that it should be recognised for collective bargaining by International Baccalaureate Organization (UK) Ltd (the Employer) for a bargaining unit comprising “All employees, excluding executives and directors, based at the IB Global Centre, Cardiff CF23 8GL”. The CAC gave both parties notice of receipt of the application on 30 January 2019. The Employer submitted a response to the CAC dated 4 February 2019 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 Chairman established a Panel to deal with the case. The Panel consisted of Mr Barry Clarke, Panel Chair, and, as Members, Mr Nicholas Caton and Mr Paul Noon OBE. The Case Manager appointed to support the Panel was Linda Lehan.

3) By a decision dated 4 March 2019 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 18 April 2019 the Union informed the CAC that it was willing to accept the proposed bargaining unit put forward by the Employer being “All Employees, excluding Executives, Directors and Heads of Department based at the IB Global Centre, Cardiff CF23 8GL”. In correspondence received from both parties it was confirmed that the bargaining unit differed to that originally proposed by the Union in that the Heads of Department were excluded.

4) As the determined bargaining unit differed from that proposed by the Union, the Panel was required by paragraph 20 of the Schedule A1 to the Trade Union and Labour Relations (Consolidation) Act 1992 (the Schedule) to determine whether the Union’s application is valid or invalid within the terms of paragraphs 43 to 50 of the Schedule. By a decision dated 1 May 2019 the Panel determined that the application was valid for the purposes of paragraph 20 and that the CAC would therefore proceed with the application.

5) On 8 May 2019, 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.

6) The Union in an email dated 10 May 2019 confirmed their preference would be to hold a workplace ballot and the Employer in an email dated 13 May 2019 confirmed that they had no representation to make as to the type of ballot. In a letter dated 24 May 2019, in accordance with paragraph 25(4) of the Schedule, the Panel conveyed to the Parties that the ballot should be a Combination ballot, that is a workplace ballot with a postal element for those workers known in advance to be absent from the workplace on the day of the ballot. The parties were able to reach agreement as to access and the CAC was notified accordingly.

2. The Ballot

7) Mi-Voice was appointed as QIP on 18 June 2019 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 highlighting those workers requiring a postal ballot paper. The postal ballot papers were dispatched on 3 July 2019 to be returned to the QIP by no later than noon on 15 July 2019 and the workplace ballot took place on 15 July 2019.

8) The QIP reported to the CAC on 16 July 2019 that out of 242 workers eligible to vote, one hundred and seventy (170) ballot papers had been returned with one (1) found to be spoilt resulting in one hundred and sixty nine (169) ballot papers to be counted. One hundred and fifty six (156) workers, that is 92.3% of those voting, had voted to support the proposal that the Union be recognised for the purposes of collective bargaining with the Employer. Thirteen (13), that is 7.7% of those voting, voted to reject the proposal. The number of votes supporting the proposal as a percentage of the bargaining unit was 64.5%.

9) The CAC informed the Employer and the Union on 16 July 2019 of the result of the ballot in accordance with paragraph 29(2) of the Schedule.

3. Declaration of Recognition

10) 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.

11) The CAC declares that the Union is recognised by the Employer as entitled to conduct collective bargaining on behalf of the bargaining unit comprising “All Employees, excluding Executives, Directors and Heads of Department based at the IB Global Centre, Cardiff CF23 8GL”.

Panel

Mr Barry Clarke, Panel Chair

Mr Nicholas Caton

Mr Paul Noon OBE

17 July 2019