皇冠体育app

Case Number: TUR1/1393/2024

29 April 2024

CENTRAL ARBITRATION COMMITTEE

TRADE UNION AND LABOUR RELATIONS (CONSOLIDATION) ACT 1992

SCHEDULE A1 - COLLECTIVE BARGAINING: RECOGNITION

DECISION ON WHETHER TO ACCEPT THE APPLICATION

皇冠体育app Parties:

Transport Salaried Staffs鈥� Association

and

First TrenItalia West Coast Rail Ltd t/a Avanti West Coast

1. Introduction

1) 皇冠体育app Transport Salaried Staffs鈥� Association (the Union) submitted an application to the Central Arbitration Committee (the CAC) dated 8 March 2024 that it should be recognised for collective bargaining by First TrenItalia West Coast Rail Ltd t/a Avanti West Coast (the Employer) for a bargaining unit comprising 鈥淐ontrollers & Duty Control Managers鈥�. 皇冠体育app application was received by the CAC on 8 March 2024. 聽皇冠体育app CAC gave both parties notice of receipt of the application by letter of the same date.聽 皇冠体育app Employer submitted a response to the CAC dated 15 March 2024 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.聽 皇冠体育app Panel consisted of Mrs Sarah Havlin, Panel Chair, and, as Members, Mr David Cadger and Mr Paul Moloney. 聽皇冠体育app Case Manager appointed to support the Panel was Kate Norgate.

3) 皇冠体育app CAC Panel has extended the acceptance period in this case.聽 皇冠体育app initial period expired on 22 March 2024.聽 皇冠体育app acceptance period was extended on two further occasions to allow time for a membership and support check to take place, for the parties to comment on the subsequent report, and for the Panel to consider those comments before arriving at a decision. 皇冠体育app final extension ends the acceptance period on 29 April 2024.

2. Issues

4) 皇冠体育app Panel is required by paragraph 15 of Schedule A1 to the Act (the Schedule) to decide whether the Union鈥檚 application to the CAC is valid within the terms of paragraphs 5 to 9; is made in accordance with paragraphs 11 or 12; is admissible within the terms of paragraphs 33 to 42; and therefore should be accepted.

3. 皇冠体育app Union鈥檚 application

5) In its application the Union said that it had written to the Employer with a formal request for recognition on 9 January 2024.聽 皇冠体育app Employer responded by letter dated 19 January 2024, in which it refused the Union鈥檚 request but offered an 鈥渋nvitation to discuss鈥�.聽 A copy of the Union鈥檚 request and the Employer鈥檚 letter dated 19 January 2024 were enclosed with the application.

6) When asked whether the Union had made a previous application under the Schedule for statutory recognition for workers in the proposed bargaining unit or a similar unit the Union answered 鈥淣/A鈥�. 皇冠体育app Union stated that, following receipt of the request for recognition, the Employer had not proposed that Acas should be requested to assist the parties.

7)聽聽聽聽聽聽聽聽 皇冠体育app Union said that the total number of workers employed by the Employer was 3400.聽 皇冠体育appre were 39 workers in the proposed bargaining unit, of whom 23 were members of the Union.聽 When asked to provide evidence that a majority of the workers in the proposed bargaining unit were likely to support recognition for collective bargaining the Union referred to its earlier comments in regard to the number of union members within the proposed bargaining unit.聽 聽聽聽聽聽聽聽

8)聽聽聽聽聽聽聽聽 皇冠体育app Union stated that the reason for selecting its proposed bargaining unit was because those members performed a discrete and unique function within the company in the daily delivery of Avanti West Coast services in real time and associated requirements.

9)聽聽聽聽聽聽聽聽 皇冠体育app Union said that the bargaining unit had not been agreed with the Employer. 皇冠体育app Union said that there was no existing recognition agreement of which it was aware that covered any workers in the bargaining unit.

10)聽聽聽聽聽聽 皇冠体育app Union confirmed that it held a current certificate of independence.聽聽 皇冠体育app Union stated that it had copied its application and supporting documents to the Employer on 8 March 2024.聽

4. 皇冠体育app Employer鈥檚 response to the Union鈥檚 application

11)聽聽聽聽聽聽 In its response to the Union鈥檚 application the Employer stated that it had received the Union鈥檚 written request for recognition on 9 January 2024.聽 皇冠体育app Employer stated that it responded by letter dated 19 January 2024.聽 In this letter the Employer had refused the Union鈥檚 request but stated that it was 鈥減repared to meet and discuss this request further which could lead to voluntary agreement being established.鈥� A copy of the Employer鈥檚 letter of 19 January 2024 was enclosed with its response.

12)聽聽聽聽聽聽 皇冠体育app Employer confirmed that it had received a copy of the application form directly from the Union on 8 March 2024.聽 皇冠体育app Employer stated that it had not, before receiving a copy of the application from the Union, agreed the bargaining unit with the Union, nor did it now agree with the proposed bargaining unit. 皇冠体育app Employer explained that the proposed bargaining unit formed part of a significantly larger train service delivery Management Grade within its business. 皇冠体育app roles in the proposed bargaining unit shared similar terms and conditions of employment and benefits as other groups of employees within the operational directorate and they were subject to centralised management and operating processes. 聽皇冠体育app Employer said that it therefore did not consider that the proposed unit was a unique and a discrete function. 聽Furthermore, it represented a group of workers that was too narrow for a bargaining unit that would be compatible with effective management, and it did not believe that a 鈥渟mall fragmented bargaining unit鈥� was appropriate for the effective management of its Management Grade as a whole. 聽It would be solely made up of Management roles extracted from within its control team. 聽聽Finally, the Employer said that it would provide more detailed comments on the appropriate bargaining unit, should the Union鈥檚 application be accepted.

13)聽聽聽聽聽聽 皇冠体育app Employer said that it did not agree with the number of workers in the proposed bargaining unit as set out in the Union鈥檚 application, further explaining that the Union had claimed that there were 39 workers within its proposed bargaining unit, consisting of Controllers & Duty Control Managers (DCM). 皇冠体育app Employer said that it had 30 employees with Controller in their job title and 8 employees, who performed the DCM. 聽聽It was the Employer鈥檚 view that the proposed bargaining unit appeared to single out Management roles, who were members of the Union.

14)聽聽聽聽聽聽 In answer to the question whether it disagreed with the Union鈥檚 estimate of membership in the proposed bargaining unit, the Employer said that it did not have the membership information to agree or disagree and therefore it invited the union to provide full membership details in order to be able to take a more informed view. 皇冠体育app Employer said that the Union had not provided an adequate explanation as to why it had now proposed a small, fragmented bargaining unit. 聽皇冠体育app Employer believed that the Union were seeking to propose a small bargaining unit in order to put itself in the best position to secure recognition, rather than considering what bargaining unit would be appropriate. 皇冠体育app Employer stated that a full membership and support check should be carried out, particularly given the very small numbers involved and the subsequent impact the membership status would have on overall Union membership and/or support for recognition.

15)聽聽 聽聽聽 When invited to give its reasons if it did not consider that a majority of the workers in the bargaining unit would be likely to support recognition, the Employer said that it reserved the right to comment more fully pending receipt of any further membership data supporting the Union鈥檚 claim. 聽皇冠体育app Employer also reiterated the need for a full membership and support check to be carried out.

16) 聽聽聽聽聽 皇冠体育app Employer stated that it was not aware of any previous application under the Schedule by the Union in respect of this or a similar bargaining unit, nor had it received any other applications in respect of workers in the proposed bargaining unit.

5. 皇冠体育app Membership Check

17)聽聽聽聽聽聽 To assist the determination of two of the admissibility criteria specified in the Schedule, namely whether 10% of the workers in the proposed bargaining unit are members of the union (paragraph 36(1)(a)) and whether a majority of the workers in the proposed bargaining unit would be likely to favour recognition of the union as entitled to conduct collective bargaining on behalf of the bargaining unit (paragraph 36(1)(b)), the Panel proposed an independent check of the level of union membership within the proposed bargaining unit.聽 It was agreed with the parties that the Employer would supply to the Case Manager a list of the names, dates of birth and job titles of workers within the proposed bargaining unit, and that the Union would supply to the Case Manager a list of its paid-up members within that unit (including their full name and date of birth).聽 It was agreed that, to preserve confidentiality, the respective lists would not be copied to the other party. 皇冠体育appse arrangements were confirmed in a letter dated 22 March 2024 from the Case Manager to the parties.聽 皇冠体育app information requested from the Union was received by the CAC on 25 March 2024, and from the Employer on 26 March 2024. 聽聽皇冠体育app Panel is satisfied that the check was conducted properly and impartially and in accordance with the agreement reached with the parties.聽

18)聽聽聽聽聽聽 皇冠体育app list supplied by the Employer indicated that there were 38 workers in the Union鈥檚 proposed bargaining unit.聽 皇冠体育app list of members supplied by the Union contained 24 names. According to the Case Manager鈥檚 report, the number of Union members in the proposed bargaining unit was 23, a membership level of 60.53%.聽

19)聽聽聽聽聽聽 A report of the result of the membership check was circulated to the Panel and the parties on 27 March 2024 and the parties were invited to comment on the result.

6. 皇冠体育app parties鈥� comments on the result of the membership check

20)聽聽聽聽聽聽 皇冠体育app Union stated in an email dated 8 April 2024 that the Employer鈥檚 figures broadly corresponded with its own and it was therefore happy to accept them.

21)聽聽聽聽聽聽 In an e-mail to the CAC dated 3 April 2024 the Employer stated that it had reviewed the findings of the report and acknowledged that the Union had met the first test, with the required 10 per cent of workers within their proposed bargaining unit as TSSA members.聽

22)聽聽聽聽聽聽 皇冠体育app Employer also reiterated the points it had made in paragraph 12 above as to why it believed the Union鈥檚 proposed bargaining unit was incompatible with effective management.

7. Considerations

23)聽聽聽聽聽聽 In determining whether to accept the application the Panel must decide whether the admissibility and validity provisions referred to in paragraph 4 above are satisfied. 皇冠体育app Panel has considered carefully the submissions of both parties and all the evidence in reaching its decision.

24)聽聽聽聽聽聽 皇冠体育app Panel is satisfied that the Union made a valid request to the Employer within the terms of paragraphs 5 to 9 of the Schedule and that its application was made in accordance with paragraph 12. Furthermore, the Panel is satisfied that the application is not rendered inadmissible by any of the provisions in paragraphs 33 to 35 and paragraphs 37 to 42 of the Schedule.聽 皇冠体育app remaining issues for the Panel to decide are whether the admissibility criteria contained in paragraph 36(1)(a) and paragraph 36(1)(b) are met.

Paragraph 36(1)(a)

25)聽聽聽聽聽聽 Under paragraph 36(1)(a) of the Schedule an application is not admissible unless the Panel decides that members of the union constitute at least 10% of the workers in the proposed bargaining unit.

26)聽聽聽聽聽聽 皇冠体育app membership check conducted by the Case Manager (described in paragraphs 17 and 18 above) showed that 60.53% of the workers in the proposed bargaining unit were members of the Union. 聽As stated in paragraph 17 above, the Panel is satisfied that this check was conducted properly and impartially and in accordance with the arrangements agreed with the parties. 皇冠体育app Panel has decided that members of the union constitute at least 10% of the workers in the proposed bargaining unit as required by paragraph 36(1)(a) of the Schedule.

Paragraph 36(1)(b)

27)聽聽聽聽聽聽 Under paragraph 36(1)(b) of the Schedule, an application is not admissible unless the Panel decides that a majority of the workers constituting the proposed bargaining unit would be likely to favour recognition of the union as entitled to conduct collective bargaining on behalf of the bargaining unit. For the reasons given in the previous paragraph the level of union membership is 60.53%. 皇冠体育app Union did not provide any additional evidence of support for recognition, such as a petition, but the Panel considers that, in the absence of evidence to the contrary, union membership provides a legitimate indicator of the views of the workers in the proposed bargaining unit as to whether they would be likely to favour recognition of the Union. No evidence to the contrary was provided in this case. On the evidence before it, the Panel has decided that, on the balance of probabilities, a majority of the workers in the proposed bargaining unit would be likely to favour recognition of the Union as entitled to conduct collective bargaining on behalf of the bargaining unit, as required by paragraph 36(1)(b) of the Schedule.

28)聽聽聽聽聽聽 Finally, the Panel notes the Employer鈥檚 comments on why it believes that the Union鈥檚 proposed bargaining unit is unsuitable. However, this is a matter that will, if necessary, be considered at a later stage of the process.

8. Decision

29)聽聽聽聽聽聽 For the reasons given above, the Panel鈥檚 decision is that the application is accepted by the CAC.

Panel

Mrs Sarah Havlin, Panel Chair

Mr David Cadger

Mr Paul Moloney

29 April 2024