皇冠体育app

Case Number: TUR1/1062 (2018)

13 March 2019

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:

PDAU

and

Boots management Services Ltd

1. Introduction

1) PDAU (the Union or PDA Union) submitted an application to the CAC dated 24 July 2018 that it should be recognised for collective bargaining by Boots Management Services Ltd (the Employer or Boots) for a bargaining unit comprising 鈥溁使谔逵齛pp registered and pre-registration pharmacists at levels 5, 6 and 7 who are employed by Boots Management Services Ltd鈥�. 皇冠体育app CAC gave both parties notice of receipt of the application on 25 July 2018. 皇冠体育app Employer submitted a response to the CAC dated 1 August 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 Her Honour Judge Stacey, Panel Chair, and, as Members, Mr Roger Roberts and Mr Paul Talbot. 皇冠体育app Case Manager appointed to support the Panel was Linda Lehan.

3) By a decision dated 17 August 2018 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 hearing was held on 28 September 2018 and the names of those who attended the hearing are appended to this decision. After due consideration of the parties鈥� submissions, both written and oral, the Panel decided that the appropriate bargaining unit in this matter should consist of 鈥渁ll registered and pre-registration store-based pharmacists at levels 5, 6 and 7 who are employed by Boots Management Services Ltd鈥�. 皇冠体育app difference between the bargaining unit proposed by the Union and the one decided by the Panel is that the determined bargaining unit excludes the field based and office support pharmacists and pre-registration pharmacists.

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鈥檚 application is valid or invalid within the terms of paragraphs 43 to 50 of the Schedule. By a decision dated 12 October 2018 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 15 October 2018, 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) 皇冠体育app Employer in a letter dated 16 October 2018 and the Union in a letter dated 17 October 2018 both requested a postal ballot. In a letter dated 17 October 2018, in accordance with paragraph 25(4) of the Schedule, the Panel conveyed to the Parties that the ballot should be a postal ballot. 皇冠体育app parties were able to reach agreement as to access and the CAC was notified accordingly.

2. 皇冠体育app Ballot

7) Both parties requested the ballot timetable be varied and, unusually requested the date be delayed because of the busy Christmas and New Year period where workload and customer/patient numbers are at their highest during the trading year. In light of the joint request by the parties, the Panel agreed to a variation of the usual timetable. Kanto Elect was appointed as QIP on 4 February 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 postal ballot papers were dispatched on 18 February 2019 to be returned to the QIP by no later than noon on 11 March 2019.

8) 皇冠体育app QIP reported to the CAC on 11 March 2019 that out of 6803 workers eligible to vote, three thousand four hundred and ninety five (3495) ballot papers had been returned. Three thousand two hundred and twenty nine (3229) workers, that is 92.4% of those voting, had voted to support the proposal that the Union be recognised for the purposes of collective bargaining with the Employer. Two hundred and sixty six (266), that is 7.6% 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 47.5%.

9) 皇冠体育app CAC informed the Employer and the Union on 11 March 2019 of the result of the ballot in accordance with paragraph 29(2) of the Schedule.

3. Declaration of Recognition

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 鈥渁ll registered and pre-registration store-based pharmacists at levels 5, 6 and 7 who are employed by Boots Management Services Ltd.

Panel

Her Honour Judge Stacey, Panel Chair

Mr Roger Roberts

Mr Paul Talbot

13 March 2019