Form of Ballot Decision

Question 1

1. Introduction

Accepted Answer

1) GMB (the Union) submitted an application to the CAC dated 20 March 2021 that it should be recognised for collective bargaining purposes by Grissan Carrick Limited (the Employer) in respect of a bargaining unit comprising 鈥淓veryone employed by Grissan Carrick Limited excluding the Site Leader, Maintenance Team Leader and the two Process Team Leaders (the bargaining unit).鈥� 皇冠体育app location of the bargaining unit was given as 鈥淕rangestone Industrial Estate, Ladywell Avenue, Girvan, Ayrshire, Scotland, KA26 9PT.鈥� 皇冠体育app application was received by the CAC on 22 March 2021 and the CAC gave both parties notice of receipt of the application the same day. 皇冠体育app Employer submitted a response to the CAC dated 29 March 2021 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. 皇冠体育app Panel consisted of Professor Kenny Miller, Panel Chair, and, as Members, Mr Tom Keeney and Mr Steve Gillan. 皇冠体育app Case Manager appointed to support the Panel was Kate Norgate.

3) By a decision dated 19 April 2021 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.

Question 2

2. Issues

Accepted Answer

4) On 19 April 2021, the Panel, not satisfied that a majority of the workers constituting the bargaining unit were members of the Union, gave notice in accordance with paragraph 23(2) of 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 the form the ballot should take.

5) 皇冠体育app notification period under paragraph 24(5) ended on 2 May 2021. 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.

Question 3

3. Unions鈥&#65533; submissions on the form of ballot

Accepted Answer

6) In an e-mail 25 April 2021 the Union stated its preference for a workplace ballot. 皇冠体育app Union maintained that in its experience a workplace ballot would help to increase the turnout and engagement in the ballot. 皇冠体育app Union emphasised that its aim was to involve as many workers as possible. 皇冠体育app Union said that it did not believe that there was any reason as to why a workplace ballot could not be held within Covid-19 safety parameters as it had experience of running workplace ballots safely during this time in other workplaces.

Question 4

4. Employer鈥檚 submissions on the form of ballot

Accepted Answer

7) In an e-mail dated 26 April 2021 the Employer stated its preference for a postal ballot.
皇冠体育app Employer explained that the site currently had restrictions in place to limit the number of people on site. To ensure a COVID safe environment, since April 2020 access to areas of the plant was restricted to Operators only. 皇冠体育app Employer believed that as a result, the attendance on site of the Qualified Independent Person (QIP) could pose an unnecessary additional health risk to the workers safety. 皇冠体育appre was also a risk to the health of the QIP, which should be taken into consideration.

8) 皇冠体育app Employer said that whilst its workers were tested weekly and encouraged to remain at home if they had any COVID symptoms, there was still the possibility that one of the workers may be required to self-isolate as a result of a positive COVID test (or as otherwise required due to contact with an infected person). 皇冠体育app Employer considered that there was therefore a greater risk that workers could be absent from site on the day of the ballot, and that given the size of the bargaining unit, this could have a greater impact on the outcome of the ballot. 皇冠体育app Employer maintained that a postal ballot would eliminate this risk.

9) 皇冠体育app Employer explained further that as the workers at the site operated on a shift pattern, including night shifts, rest days, and blocks of days off, it would be impracticable and unnecessarily expensive to hold a workplace ballot. Some employees may also be on holiday or otherwise absent on the day of the ballot, which would also have an impact on the result of the ballot.

10) Finally, the Employer stated that when the Union had made their previous request for recognition in 2020 an allegation was made that a suspected union member had placed undue pressure on a new employee to join the Union. 皇冠体育app Employer said that it therefore had concerns that such pressure could be placed again should the ballot take place on site.

Question 5

5. Considerations

Accepted Answer

11) When determining the form of the ballot (workplace, postal or a combination of the two methods), the CAC must take into account the following considerations specified in paragraphs 25(5) and (6) of the Schedule:

(a) the likelihood of the ballot being affected by unfairness or malpractice if it were conducted at a workplace;

(b) costs and practicality;

(c) such other matters as the CAC considers appropriate.

12) 皇冠体育app parties have put forward two different types of ballot for the Panel to consider. 皇冠体育app Union have argued for a workplace ballot, whereas the Employer has submitted that the ballot should be a postal ballot.

13) 皇冠体育app Panel, having carefully considered the parties鈥� submissions, has decided that, taking into account the uncertainty caused by the Covid-19 pandemic, the appropriate form of ballot in the circumstances would be a postal ballot. In the current climate we feel that this is the most appropriate and safest form of ballot. 皇冠体育app Panel has also considered Employer鈥檚 submissions on costs, and it is the Panel鈥檚 view that given the size of the bargaining unit and the shift patterns covered it would not be cost effective to hold a workplace ballot.

Question 6

6. Decision

Accepted Answer

14) 皇冠体育app decision of the Panel is that the ballot be a postal ballot.

15) 皇冠体育app name of the QIP appointed to conduct the ballot will be notified to the parties shortly as will the period within which the ballot is to be held.

Panel

Professor Kenny Miller, Panel Chair

Mr Tom Keeney

Mr Steve Gillan

07 May 2021

皇冠体育app