Recognition Decision

Q: 1. Introduction

1)聽聽聽聽聽聽聽聽 皇冠体育app Transport Salaried Staffs鈥� Association (the Union) submitted an application to the Central Arbitration Committee (the CAC) on 19 November 2024 that it should be recognised for collective bargaining by TransPennine Trains Limited (the Employer) for a bargaining unit comprising of 鈥淥perations Development Managers (sometimes referred to as Operational Development Managers), Driver Operations Managers and Driver Managers.鈥� 皇冠体育app location of the bargaining unit was given as 鈥淕lasgow, Preston, Liverpool, Manchester, Cleethorpes, Sheffield, Hull, Newcastle, York and Scarborough.鈥� 皇冠体育app CAC gave both parties notice of receipt of the application on 20 November 2024. 皇冠体育app Employer submitted a response to the CAC dated 26 November 2024. 2)聽聽聽聽聽聽聽聽 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.聽 皇冠体育app Panel consisted of Mr. Stuart Robertson, Panel Chair, and, as Members, Mr. Alistair Paton and Mr. Paul Morley. 皇冠体育app Case Manager appointed to support the Panel was Joanne Curtis. 3)聽聽聽聽聽聽聽聽 By its written decision dated 18 December 2024 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. On 28 January 2025 the parties notified the CAC that they had reached an agreement as to the appropriate bargaining unit and this was 鈥淥perations Development Managers (sometimes referred to as Operational Development Managers), Driver Operations Managers and Driver Managers.鈥漒u003c/p>

Q: 6. Declaration of recognition

15)聽聽聽聽聽聽 皇冠体育app Panel is satisfied in accordance with paragraph 22(1)(b) of the Schedule that a majority of the workers constituting the bargaining unit are members of the Union. 皇冠体育app Panel is satisfied that none of the conditions in paragraph 22(4) of the Schedule is met. Pursuant to paragraph 22(2) of the Schedule, the CAC must therefore issue a declaration that the Union is recognised as entitled to conduct collective bargaining on behalf of the workers constituting the bargaining unit. 皇冠体育app CAC accordingly declares that the Union is recognised by the Employer as entitled to conduct collective bargaining on behalf of the bargaining unit comprising 鈥淥perations Development Managers (sometimes referred to as Operational Development Managers), Driver Operations Managers and Driver Managers.鈥漒u003c/p> Panel Mr. Stuart Robertson, Panel Chair Mr. Alistair Paton Mr. Paul Morley 10 February 2025

Question 1

1. Introduction

Accepted Answer

1)聽聽聽聽聽聽聽聽皇冠体育app Transport Salaried Staffs鈥� Association (the Union) submitted an application to the Central Arbitration Committee (the CAC) on 19 November 2024 that it should be recognised for collective bargaining by TransPennine Trains Limited (the Employer) for a bargaining unit comprising of 鈥淥perations Development Managers (sometimes referred to as Operational Development Managers), Driver Operations Managers and Driver Managers.鈥� 皇冠体育app location of the bargaining unit was given as 鈥淕lasgow, Preston, Liverpool, Manchester, Cleethorpes, Sheffield, Hull, Newcastle, York and Scarborough.鈥� 皇冠体育app CAC gave both parties notice of receipt of the application on 20 November 2024. 皇冠体育app Employer submitted a response to the CAC dated 26 November 2024.

2)聽聽聽聽聽聽聽聽 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.聽皇冠体育app Panel consisted of Mr. Stuart Robertson, Panel Chair, and, as Members, Mr. Alistair Paton and Mr. Paul Morley. 皇冠体育app Case Manager appointed to support the Panel was Joanne Curtis.

3)聽聽聽聽聽聽聽聽 By its written decision dated 18 December 2024 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. On 28 January 2025 the parties notified the CAC that they had reached an agreement as to the appropriate bargaining unit and this was 鈥淥perations Development Managers (sometimes referred to as Operational Development Managers), Driver Operations Managers and Driver Managers.鈥漒u003c/p>

Question 2

2. Issues

Accepted Answer

4)聽聽聽聽聽聽聽聽 Paragraph 22 of Schedule A1 to the Act (the Schedule) provides that, if the CAC is satisfied that a majority of the workers constituting the bargaining unit are members of the unions, it must issue a declaration of recognition under paragraph 22(2) unless any of the three qualifying conditions specified in paragraph 22(4) applies.聽 Paragraph 22(3) requires the CAC to hold a ballot even where it has found that a majority of workers constituting the bargaining unit are members of the union if any of these qualifying conditions is fulfilled.聽皇冠体育app three qualifying conditions are:

(i) the CAC is satisfied that a ballot should be held in the interests of good industrial relations.

(ii) the CAC has evidence, which it considers to be credible, from a significant number of the union members within the bargaining unit that they do not want the union (or unions) to conduct collective bargaining on their behalf.

(iii) membership evidence is produced which leads the CAC to conclude that there are doubts whether a significant number of the union members within the bargaining unit want the union (or unions) to conduct collective bargaining on their behalf.

5)聽聽聽聽聽聽聽聽 Paragraph 22(5) provides that 鈥渕embership evidence鈥� for these purposes is: (a) evidence about the circumstances in which union members became members, or (b) evidence about the length of time for which union members have been members, in a case where the CAC is satisfied that such evidence should be taken into account.

Question 3

3. 皇冠体育app Union鈥檚 claim to majority membership and submission that it should be recognised without a ballot

Accepted Answer

6)聽聽聽聽聽聽聽聽 In a letter dated 28 January 2025 the Union was asked by the CAC whether it claimed majority membership within the bargaining unit and, if so, whether it submitted that it should be granted recognition without a ballot. 皇冠体育app Union, in an e mail dated 28 January 2025, stated 鈥渁s the employer has now accepted the Bargaining unit I can confirm that as per the previous ACAS membership check, the Petition that we carried out, the Membership check that the CAC carried out and our current membership records we believe/assert/claim that TSSA has the majority of staff in membership of the bargaining unit and that the majority desire collective bargaining from the TSSA.鈥漒u003c/p>

Question 4

4. Summary of the Employer鈥檚 response to the Union鈥檚 claim that it should be recognised without a ballot

Accepted Answer

7)聽聽聽聽聽聽聽聽 On 29 January 2025 the CAC copied the Union鈥檚 e mail dated 28 January 2025 to the Employer and invited the Employer to make submissions in relation to the Union鈥檚 claim that it had majority membership within the bargaining unit and in relation to the three qualifying conditions specified in paragraph 22(4) of the Schedule.

8)聽聽聽聽聽聽聽聽 In its response dated 4 February 2025 the Employer stated, 鈥渨e don鈥檛 have any further comments to make on the membership numbers within the bargaining unit. We are still hopeful to be in a position shortly to enter into meaningful discussions with TSSA regarding what a voluntary agreement could look like.鈥漒u003c/p>

Question 5

5. Considerations

Accepted Answer

9)聽聽聽聽聽聽聽聽皇冠体育app Schedule requires the Panel to consider whether it is satisfied that a majority of the workers constituting the bargaining unit are members of the Union.聽 If the Panel is satisfied that a majority of the workers constituting the bargaining unit are members of the Union, it must declare the Union to be recognised as entitled to conduct collective bargaining on behalf of the workers constituting the bargaining unit unless it decides that any of the three qualifying conditions set out in paragraph 22(4) is fulfilled.聽 If the Panel considers that any of those specific conditions is fulfilled, it must give notice to the parties that it intends to arrange for the holding of a secret ballot.聽

10)聽聽聽聽聽聽皇冠体育app membership and support check conducted on 5 December 2024 had shown the Employer listing a total of 42 workers in the bargaining unit. As stated in the acceptance decision dated 18 December 2024, the Union had provided a list of 30 union members. 皇冠体育app number of union members in the proposed bargaining unit was 30 a membership level of 71.43%.聽 Accordingly, the Panel accepts that the majority of workers in the bargaining unit are members of the Union.

11)聽聽聽聽聽聽皇冠体育app Panel has carefully considered the submissions of both parties and all the evidence in reaching its decision as to whether any of the qualifying conditions laid down in paragraph 22(4) of the Schedule is fulfilled.

Paragraph 22(4) (a)

12)聽聽聽聽聽聽皇冠体育app first condition is that the Panel is satisfied that a ballot should be held in the interests of good industrial relations. In this case neither party has submitted evidence that holding a secret ballot would be in the interests of good industrial relations.聽皇冠体育app Panel is therefore satisfied that this condition does not apply.

Paragraph 22(4) (b)

13)聽聽聽聽聽聽皇冠体育app second condition is that the CAC has evidence, which it considers to be credible, from a significant number of the union members within the bargaining unit that they do not want the Union to conduct collective bargaining on their behalf. 皇冠体育app CAC has no such evidence, and this condition does not apply.

Paragraph 22(4) (c)

14)聽聽聽聽聽聽皇冠体育app third condition is that membership evidence is produced which leads the CAC to conclude that there are doubts whether a significant number of the union members within the bargaining unit want the Union to conduct collective bargaining on their behalf.聽 No such evidence has been produced, and this condition does not apply.

Question 6

6. Declaration of recognition

Accepted Answer

15)聽聽聽聽聽聽皇冠体育app Panel is satisfied in accordance with paragraph 22(1)(b) of the Schedule that a majority of the workers constituting the bargaining unit are members of the Union. 皇冠体育app Panel is satisfied that none of the conditions in paragraph 22(4) of the Schedule is met. Pursuant to paragraph 22(2) of the Schedule, the CAC must therefore issue a declaration that the Union is recognised as entitled to conduct collective bargaining on behalf of the workers constituting the bargaining unit. 皇冠体育app CAC accordingly declares that the Union is recognised by the Employer as entitled to conduct collective bargaining on behalf of the bargaining unit comprising 鈥淥perations Development Managers (sometimes referred to as Operational Development Managers), Driver Operations Managers and Driver Managers.鈥漒u003c/p>

Panel

Mr. Stuart Robertson, Panel Chair

Mr. Alistair Paton

Mr. Paul Morley

10 February 2025

皇冠体育app