皇冠体育app

Case Number: TUR1/1288(2022)

4 April 2023

CENTRAL ARBITRATION COMMITTEE

TRADE UNION AND LABOUR RELATIONS (CONSOLIDATION) ACT 1992

SCHEDULE A1 - COLLECTIVE BARGAINING: RECOGNITION

DECLARATION THAT THE UNION IS NOT ENTITLED TO BE RECOGNISED

皇冠体育app Parties:

RMT

and

First Transpennine Express (Transpennine Express)

1. Introduction

1) 皇冠体育app RMT (the Union) submitted an application to the CAC which was received on 15 September 2022 that it should be recognised for collective bargaining by First Transpennine Express (Transpennine Express) (the Employer) for a bargaining unit comprising 鈥淭PE control grades consisting of Train Service Controller, Service Delivery Controllers, Customer Experience Managers, and Customer Information Controllers. All of whom sit under the Duty Control Manager鈥�. 皇冠体育app CAC gave both parties notice of receipt of the application on 15 September 2022. 皇冠体育app Employer submitted a response to the CAC dated 20 September 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 Tariq Sadiq, Panel Chair, and, as Members, Mr Sean McIlveen and Ms Stephanie Marston. 皇冠体育app Case Manager appointed to support the Panel was Kaniza Bibi.

3) By a decision dated 21 October 2022 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 19 December 2022 and subsequently a decision was issued on 19 January 2023 where the Panel determined that the appropriate bargaining unit was 鈥淐ustomer Information Controllers, Duty Customer Experience Managers and Service Delivery Controllers.鈥� This was the bargaining unit as proposed by the Union as clarified at the hearing on 19 December 2022.

4) On 26 January 2023, 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 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.

5) 皇冠体育app notification period under paragraph 24(5) of the Schedule ended on 1 February 2023. 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) 皇冠体育app Panel directed that Electoral Reform Services (ERS) should be appointed as the Qualified Independent Person (QIP) to conduct the ballot.

2. 皇冠体育app Ballot

7) Mi-Voice was appointed as QIP on 28 February 2023 to conduct the ballot and the parties were notified accordingly. 皇冠体育app postal ballot papers were despatched on 15 March 2023, to be returned by no later than noon on 28 March 2023, the day that the ballot closed.

8) 皇冠体育app QIP reported to the CAC on 28 March 2023, that out of 28 workers eligible to vote, 21 ballot papers had been returned: no ballot papers were found to be spoilt. Six workers, that is 28.6% of those voting, had voted to support the proposal that the Union be recognised for the purposes of collective bargaining with the Employer. Fifteen workers, that is 71.4% 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 21.4%.

9) 皇冠体育app CAC informed the Employer and the Union on 30 March of the result of the ballot in accordance with paragraph 29(2) of the Schedule.

3. Declaration that the Union is not entitled to be recognised

10) 皇冠体育app ballot establishes that recognition of the Union is not supported by a majority of the workers voting and so, in accordance with paragraph 29(4) of the Schedule, the CAC declares that the Union is not recognised as entitled to conduct collective bargaining on behalf of the bargaining unit.

11) In accordance with paragraph 29(4) of the Schedule, the CAC declares that the Union is not recognised by the Employer as entitled to conduct collective bargaining on behalf of the bargaining unit.

Panel

Mr Tariq Sadiq, Panel Chair

Mr Sean McIlveen

Ms Stephanie Marston

4 April 2023