Case Number: TUR1/528(2007)

24 April 2007

CENTRAL ARBITRATION COMMITTEE

TRADE UNION AND LABOUR RELATIONS (CONSOLIDATION) ACT 1992

SCHEDULE A1 - COLLECTIVE BARGAINING: RECOGNITION

DECLARATION THAT THE UNION IS ENTITLED TO BE RECOGNISED

The Parties:

Public and Commercial Services Union (PCS)

and

National Gallery Company Limited

1. PCS (the Union) submitted an application dated 15 August 2006 to the CAC that it should be recognised for collective bargaining purposes by the National Gallery Company Limited (the Employer) in respect of a bargaining unit comprising “all staff employed as Retail Supervisors, Managers, Senior Sales Assistants and Retail Assistants in the National Gallery Company shops situated within the National Gallery”. The CAC gave both Parties notice of receipt of the application on 18 August 2006.  On 25 August 2006 the Employer submitted a response to the CAC, 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. The Panel consisted of Professor Paul Davies, Chairman of the Panel, and, as Members, Mr Bob Hill and Mr Paul Gates. The Case Manager appointed to support the Panel was Kate Norgate.

3. By a decision dated 15 September 2006 the Panel accepted the Union’s application.

Following this decision the Parties were able to reach an agreement on the appropriate bargaining unit. The Union’s e-mail of 20 November 2006 and the Employer’s letter dated 23 November 2006 confirmed that the agreed bargaining unit was “all staff employed as Retail Supervisors, Retail Part-Time and Full-Time Assistants and a Senior Retail Assistant in the National Gallery Company Shops situated within the National Gallery.”

4. As the agreed bargaining unit was different from that proposed by the Union in its application, the Panel was required to determine whether the Union’s application was valid or invalid. By a decision dated 14 December 2006, the Panel determined that the application was not invalid and gave notice to the Parties, in accordance with paragraph 20(5) of Schedule A1 to the Act (the Schedule), that it would proceed with the application.

Statutory provisions relating to declarations of union recognition

5. The Schedule provides that if the CAC is satisfied that a majority of workers constituting the bargaining unit are members of the Union, as required by paragraph 22(1)(b) of the Schedule, it must issue a declaration of recognition under paragraph 22(2), unless any of the three qualifying conditions in paragraph 22(4) apply. The three conditions are:

• the CAC is satisfied that a ballot should be held in the interests of good industrial relations;
• a significant number of the union members within the bargaining unit inform the CAC that they do not want the union (or unions) to conduct collective bargaining on their behalf;
• 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.

The Union’s claim of majority membership

6. In a letter dated 14 December 2006 the Union was asked by the CAC if it claimed majority membership within the agreed bargaining unit, and if so, whether it requested that it should be recognised without a ballot in accordance with paragraph 22(2) of the Schedule. The Union, in a letter dated 18 December 2006, stated that it wished to claim majority membership.

Membership check

7. To assist the Panel in its decision on whether or not it was satisfied that the majority of the bargaining unit were members of the Union, it requested the Case Manager to conduct a further check of union membership in the agreed bargaining unit. A list of workers in the agreed bargaining unit was provided by the Employer on 8 January 2007 and the Union provided a list of union members in the agreed bargaining unit on 10 January 2007. It was agreed that to preserve confidentiality, the information provided by each Party would not be copied to the other. The arrangements for the membership check were confirmed in an e-mail to both Parties on 2 January 2007.

8. The Case Manager carried out a comparison of the lists and the results of the membership check were produced in a numerical report. The check established there were 51 workers in the agreed bargaining unit of whom 22 were Union members, resulting in a membership level of 43.17%. The Membership Check Report was circulated to the Parties and their comments requested on 12 January 2007.

9. In a letter dated 15 January 2007 the Employer stated that it had no comment to make on the report as it was clear that a ballot should be held.

10. The Union, in a letter dated 15 January 2007, stated that it believed the petition it had provide to the CAC for the check carried out at the acceptance stage provided further evidence that a majority of workers in the bargaining unit were in favour of recognition.

The Ballot

11. The Panel, not being satisfied that a majority of the workers constituting the bargaining unit were members of the Union, gave notice under paragraph 23(2) of the Schedule that Schedule that the holding of a secret ballot would be arranged in which the workers constituting the bargaining unit would be asked whether they wanted the Union to conduct collective bargaining on their behalf. The Panel asked for the views of the Parties on the form of the ballot and, in a letter dated 30 January 2007 announced that the ballot should be a postal ballot. The Parties were then able to reach agreement as to access during the balloting period and the CAC was notified accordingly.

12. The Panel subsequently directed that Popularis should be appointed as the Qualified Independent Person (QIP) to conduct the ballot.

13. The QIP was appointed on 20 March 2007 and the Parties were notified accordingly in a letter of the same date. The parties were informed that the balloting period would commence on 21 March 2007 and close at 2.00 p.m. on 18 April 2007. The postal ballot papers would be dispatched on 3 April 2007 to be returned by no later than 2.00 p.m. on 18 April 2007.

14. The QIP reported to the CAC on 18 April 2007 that, of the 51 workers in the bargaining unit, 40 had voted in the ballot; there were no spoilt ballot papers. 40 workers (100% of those voting) had voted to support the proposal that the Union should be recognised by the Employer. No workers had voted to reject that proposal. The proportion of workers constituting the bargaining unit who supported the proposal was 78.43%.

15. On 16 April 2007 the Union complained to the CAC of what it regarded as an unfair practice by the Employer. By e-mail dated 19 April 2007 the Union stated that it no longer wished to pursue its complaint.

Declaration of Recognition

16. In accordance with paragraph 29(2) of the Schedule the CAC informed both Parties, on 19 April 2007, of the result of the ballot.

17. The ballot established that the majority of the workers voting, and at least 40% of the workers in the bargaining unit, supported the proposal that the Union should be recognised by the Employer for the purposes of collective bargaining within 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 to the Act.

18. The CAC accordingly declares that the Union is recognised as entitled to conduct collective bargaining unit on behalf of the bargaining unit consisting of “all staff employed as

Retail Supervisors, Retail Part-Time and Full-Time Assistants and a Senior Retail Assistant in the National Gallery Company Shops situated within the National Gallery”.

Panel

Professor Paul Davies, Chairman

Mr Bob Hill

Mr Paul Gates

24 April 2007