Recognition Decision
Updated 20 May 2022
Applies to England, Scotland and Wales
漏 Crown copyright 2022
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Case Number: TUR1/1254(2022)
20 May 2022
CENTRAL ARBITRATION COMMITTEE
TRADE UNION AND LABOUR RELATIONS (CONSOLIDATION) ACT 1992
SCHEDULE A1 - COLLECTIVE BARGAINING: RECOGNITION
DECLARATION OF RECOGNITION
皇冠体育app Parties:
Community
and
Express Reinforcements Ltd
1. Introduction
1) Community (the Union) submitted an application to the CAC on 23 February 2022 that it should be recognised for collective bargaining by Express Reinforcements Ltd (the Employer) for a bargaining unit comprising of 鈥渁ll workers on the factory floor, up to and including Team Leaders, which would include Labourers, Production Operators, Production Team Leaders (working and supervisory) employed by Express Reinforcements Limited鈥�. 皇冠体育app location of the bargaining unit was given as Eaglebush Works, Milland Road, Neath. 皇冠体育app application was received by the CAC on 23 February 2022 and the CAC gave notice of receipt of the application to the parties that day. 皇冠体育app Employer submitted a response to the CAC dated 1 March 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. 皇冠体育app Panel consisted of Mr Rohan Pirani, Panel Chair, and, as Members, Mr Robert Lummis and Mr Michael Clancy. 皇冠体育app Case Manager appointed to support the Panel was Joanne Curtis.
3) By a decision dated 15 March 2022 the Panel accepted the Union鈥檚 application. In its response to the Union鈥檚 application the Employer agreed that the Union鈥檚 proposed bargaining unit was an appropriate bargaining unit. 皇冠体育app Panel therefore moved to the next stage in the statutory process.
4) On 23 March 2022 the Panel, not being satisfied that a majority of the workers in the bargaining unit were members of the Union, gave notice in accordance with paragraph 23(2) of Schedule A1 to the Act (the Schedule) that a secret ballot would be held. 皇冠体育app 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) of the Schedule, before arranging a secret ballot. 皇冠体育app parties were also asked for their views on what form the ballot should take.
5) 皇冠体育app notification period under paragraph 24(5) of the Schedule ended on 6 April 2022. 皇冠体育app CAC was not notified by the Union or by both parties jointly that they did not want the ballot to be held, as per paragraph 24(2) of the Schedule. 皇冠体育app Panel, having considered the parties鈥� views decided that a postal ballot should take place. This decision was made in accordance with paragraph 25(4) of the Schedule and the parties were informed accordingly.
2. 皇冠体育app Ballot
6) IPA was appointed as the Qualified Independent Person (QIP) on 19 April 2022 to conduct the ballot and the parties were notified accordingly. 皇冠体育app postal ballot papers were despatched on 5 May 2022 to be returned by no later than noon on 18 May 2022, the day that the ballot closed.
7) 皇冠体育app QIP reported to the CAC on 18 May 2022 that out of 67 workers eligible to vote, 50 votes had been cast: no ballot papers were found to be spoilt. Forty-Seven (47) workers, that is 94% of those voting, had voted to support the proposal that the Union be recognised for the purposes of collective bargaining with the Employer. Three (3) workers, that is 6% of those voting, voted to reject the proposal. 皇冠体育app number of votes supporting the proposal as a percentage of the bargaining unit was 70.2%.
8) 皇冠体育app CAC informed the Employer and the Union on 20 May 2022 of the result of the ballot in accordance with paragraph 29(2) of the Schedule.
3. Declaration of Recognition
9) 皇冠体育app 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.
10) 皇冠体育app CAC declares that the Union is recognised by the Employer as entitled to conduct collective bargaining on behalf of the bargaining unit comprising 鈥渁ll workers on the factory floor, up to and including Team Leaders, which would include Labourers, Production Operators, Production Team Leaders (working and supervisory) employed by Express Reinforcements Limited鈥�.
Panel
Mr Rohan Pirani, Panel Chair
Mr Rob Lummis
Mr Michael Clancy
20 May 2022