Recognition Decision

Question 1

1. Introduction

Accepted Answer

1) GMB (the Union) submitted an application dated 9 October 2018 to the CAC that it should be recognised for collective bargaining purposes by 皇冠体育app Net a Porter Group Ltd (the Employer) in respect of a bargaining unit comprising 鈥淒istribution Assistants excluding First Line Managers , Shift Managers, Drivers and agency staff.鈥� 皇冠体育app location of the bargaining unit was given as 鈥淯nit One, Net a Porter, Charlton Distribution Centre, Charlton Gate Business Park, Anchor and Hope Lane, SE7 7RU.鈥� 皇冠体育app application was received by the CAC on 10 October 2018 and the CAC gave both parties notice of receipt of the application on 10 October 2018. 皇冠体育app Employer submitted a response to the CAC on 17 October 2018 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 Mr James Tayler, Panel Chair, and, as Members, Ms Judy McKnight CBE and Mr Nicholas Caton. 皇冠体育app Case Manager appointed to support the Panel was Kate Norgate. Ms McKnight was replaced as Panel Member by Ms Gail Cartmail owing to Ms McKnight鈥檚 retirement from the CAC on 31 March 2019.

3) By a decision dated 29 November 2018 the Panel accepted the Union鈥檚 application. Following this decision the parties then reached agreement on the appropriate bargaining unit. 皇冠体育app agreed bargaining unit was identified as 鈥溁使谔逵齛pp 鈥楧istribution Department鈥� at Net A Porter, DC1, Charlton Gate Business Park, Anchor and Hope Lane, Charlton, SE7 7RU, excluding First Line Managers, Shift Managers, Drivers and agency staff. 皇冠体育app 鈥楧istribution Department鈥� includes the following job titles: Distribution Assistant; Quality Assurer; Helpdesk; Consumables Assistant; RTV Co-ordinator; Seamstress; Stores Coordinator; Senior Materials Coordinator鈥�.

4) As the appropriate bargaining unit determined by the Panel was different from that proposed by the Union in its application, 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鈥檚 application was invalid within the terms of paragraphs 43 to 50 of the Schedule. By a decision dated 11 February 2019 the Panel determined that the application was not invalid and that the CAC would proceed with the application.

5) On 12 February 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. 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. 皇冠体育app parties were also asked for their views on the form the ballot should take.

6) Both parties were in agreement on the type of ballot to be conducted and in a letter dated 21 February 2019, in accordance with paragraph 25(4) of the Schedule, the Panel conveyed to the parties that a combination ballot should take place, 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. 皇冠体育app parties were able to reach agreement as to access and the CAC was notified accordingly.

Question 2

2. 皇冠体育app Ballot

Accepted Answer

7) Mi-Voice was appointed as QIP on 5 April 2019 to conduct the ballot and the parties were notified accordingly. 皇冠体育app Employer provided a list of the names and addresses of workers in the bargaining unit to the CAC which was passed to the QIP. 皇冠体育app workplace ballot took place on 1 May 2019, 2 May 2019 and 7 May 2019. 皇冠体育app postal ballot papers were dispatched on 24 April 2019 to be returned to the QIP by no later than noon on 8 May 2019.

8) 皇冠体育app QIP reported to the CAC on 8 May 2019 that, of the 245 workers eligible to vote, one hundred and eighty nine (189) ballot papers had been returned. Three (3) ballot papers were found to be spoilt. One hundred and forty nine (149) workers (80.1% of the valid vote) had voted to support the proposal that the Union should be recognised for the purposes of collective bargaining with the Employer. Thirty Seven (37) workers (19.9% of the valid vote) had voted to reject the proposal. 皇冠体育app proportion of workers constituting the bargaining unit who supported the proposal was 60.8%.

9) 皇冠体育app CAC informed the Employer and the Union on 8 May 2019 of the result of the ballot in accordance with paragraph 29(2) of the Schedule.

Question 3

3. Declaration of Recognition

Accepted Answer

10) 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.

11) 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 鈥溁使谔逵齛pp 鈥楧istribution Department鈥� at Net A Porter, DC1, Charlton Gate Business Park, Anchor and Hope Lane, Charlton, SE7 7RU, excluding First Line Managers, Shift Managers, Drivers and agency staff. 皇冠体育app 鈥楧istribution Department鈥� includes the following job titles: Distribution Assistant; Quality Assurer; Helpdesk; Consumables Assistant; RTV Co-ordinator; Seamstress; Stores Coordinator; Senior Materials Coordinator鈥�.

Panel

Mr James Tayler, Chairman of the Panel

Ms Gail Cartmail

Mr Nicholas Caton

14 May 2019

皇冠体育app