Recognition Decision
Updated 30 December 2024
Applies to England, Scotland and Wales
Case Number: TUR1/1336(2023)
4 September 2024
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:
Communication Workers Union
and
Saab UK Ltd
1. Introduction
1)聽聽聽聽聽聽聽聽 皇冠体育app CWU (the Union) submitted an application to the CAC on 7 June 2023 that it should be recognised for collective bargaining by Saab UK Ltd (the Employer) for a bargaining unit comprising the 鈥淒evelopment & Customer Solutions Team: Software Engineer- Solutions & Test Engineer- Scrum Master- Solution Architect- Technical Lead- Lead Engineer. Service & Delivery Operations Team: Commissioning & Support Engineer- Project and Service Engineer and Project Management Team鈥�.聽 皇冠体育app CAC gave both parties notice of receipt of the application on 8 June 2023. 聽皇冠体育app Employer submitted a response to the CAC dated 13 June 2023, which was copied to the Union.
2)聽聽聽聽聽聽聽聽 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.聽 皇冠体育app Panel consisted of Ms Naeema Choudry, Panel Chair, and, as Members, Mr Alastair Kelly and Mr Paul Morley.聽 皇冠体育app Case Manager appointed to support the Panel was Kaniza Bibi.
3)聽聽聽聽聽聽聽聽 By a decision dated 10 July 2023 the Panel accepted the Union鈥檚 application. 皇冠体育app parties then entered a period of negotiation in an attempt to reach agreement on the appropriate bargaining unit. As no agreement was reached, the parties were invited to supply the Panel with, and to exchange, written submissions relating to the question of the determination of the appropriate bargaining unit. A virtual hearing was held on 10 May 2024 and subsequently a decision was issued on 22 May 2024 where the Panel determined that the appropriate bargaining unit was as proposed by the Union, namely: 鈥淒evelopment & Customer Solutions Team: Software Engineer- Solutions & Test Engineer- Scrum Master- Solution Architect- Technical Lead- Lead Engineer. Service & Delivery Operations Team: Commissioning & Support Engineer- Project and Service Engineer and Project Management Team鈥�.聽
4)聽聽聽聽聽聽聽聽 On 20 June 2024, 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. 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), before arranging a secret ballot.聽
5)聽聽聽聽聽聽聽聽 皇冠体育app notification period under paragraph 24(5) of the Schedule ended on 4 July 2024.聽 皇冠体育app CAC was not notified by both the parties that they did not want the ballot to be held, as per paragraph 24(2). 皇冠体育app parties were also asked for their views on the form the ballot should take.
6)聽聽聽聽聽聽聽聽 On 8 July 2024 the Panel informed the parties that the ballot would take the form of a postal ballot.
2. 皇冠体育app Ballot
7)聽聽聽聽聽聽聽聽 Popularis was appointed as QIP on 29 July 2024 to conduct the ballot and the parties were notified accordingly.聽 皇冠体育app postal ballot papers were despatched on 13 August 2024, to be returned by no later than noon on 27 August 2024, the day that the ballot closed.聽
8)聽聽聽聽聽聽聽聽 皇冠体育app QIP reported to the CAC on 27 August 2024, that out of 51 workers eligible to vote, 38 ballot papers had been returned: no ballot papers were found to be spoilt. Twenty-eight (28) workers, that is 74.00% of those voting, had voted to support the proposal that the Union be recognised for the purposes of collective bargaining with the Employer.聽 Ten workers, that is 26.00% of those voting, voted to reject the proposal.聽 皇冠体育app number of votes supporting the proposal as a percentage of the bargaining unit was 55.00%.
3. Declaration of Recognition
9)聽聽聽聽聽聽聽聽 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.聽 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)聽聽聽聽聽聽 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 鈥淒evelopment & Customer Solutions Team: Software Engineer- Solutions & Test Engineer- Scrum Master- Solution Architect- Technical Lead- Lead Engineer. Service & Delivery Operations Team: Commissioning & Support Engineer- Project and Service Engineer and Project Management Team鈥�.聽
Panel
Ms Naeema Choudry, Panel Chair
Mr Alastair Kelly
Mr Paul Morley
4 September 2024