18
May 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:
The Amalgamated Union (formerly known as T&GWU)
and
Harrods
1. The Amalgamated
Union
formerly known as T&GWU (the Union) submitted an application to the CAC on 3 October 2006 that it should be recognised
for collective bargaining by Harrods (the Company). 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 John Purcell, Deputy Chairman, and, as
members, Mr Arthur Lodge and Ms Lesley Mercer.
The Case Manager appointed to support the Panel was Sharmin Khan. For
the purposes of this decision the Case Manager was Kate Norgate.
2. By a decision dated 24 November 2006, the CAC accepted the
application.
3. The Parties subsequently agreed that
the appropriate bargaining unit should be “all cleaners and cleaning
supervisors employed in store service including the night shift cleaners”. As the agreed
bargaining unit covered the same group of workers as proposed
by
the Union in its
application to the CAC the Panel did not apply the validity provisions set out
in paragraphs 43 to 50 of the Schedule.
The Ballot
4. The Union did not claim
that a majority of the workers constituting the bargaining unit were members of
the Union. The Panel
therefore gave notice that it intended to arrange a ballot. The Panel asked for the views of the Parties
on the form of the ballot and, in a letter dated 7 February 2007 announced that the ballot should be a workplace
ballot. Following further information
from the Parties the Panel reconsidered its decision directing that there
should be a combination ballot to allow weekend shift workers a postal vote. The Parties were then able to reach agreement
as to access during the balloting period and the CAC was notified accordingly.
5. The Panel subsequently
directed that Popularis should be appointed as the Qualified Independent Person
(QIP) to conduct the ballot.
6. The QIP was appointed on 5 April 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 10 April 2007 and close at 2.00 p.m. on 8 May 2007. The postal ballot papers would be dispatched
on 24 April 2007 to be returned
by no later than 2.00 p.m. on 8 May 2007.
7. The QIP reported to the CAC on 8 May 2007 that, of the 150 workers in
the bargaining unit, 139 had voted in the ballot; there were no spoilt ballot
papers. 94 workers (67.62% of those voting) had voted to support the proposal
that the Union should be recognised by the Employer,
and 45 workers (32.37% of those voting) had voted to reject the proposal. The proportion of workers constituting the
bargaining unit who supported the proposal was 62.66%.
8. On 20 April 2007 the Union
complained to the CAC of what it regarded as an unfair practice by the
Employer. The complaint was considered
by the Panel and by its decision dated 27 April 2007 the Panel found the complaints to be
not well founded.
Declaration of Recognition
9. In
accordance with paragraph 29(2) of the Schedule the CAC informed both Parties,
on 9 May 2007, of
the result of the ballot.
10. 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.
11. 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 cleaners and cleaning supervisors employed in
store service including the night shift cleaners”.
Panel
Professor
John Purcell, Chairman
Mr
Arthur Lodge
Ms
Leslie Mercer
18 May 2007