16
July 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:
Unite – the Union (formerly know as T&GWU)
and
Aircraft Service International Group
(ASIG)
1. Unite – the Union formerly known as
T&GWU (the Union) submitted an application dated 26 March 2007 to
the CAC that it should be recognised for collective bargaining purposes by the Aircraft
Service International Group (ASIG) (the Employer) in respect of a bargaining
unit comprising “all staff excluding management grades”. The stated location of the bargaining unit
was “Gatwick Fuel Farm, Perimeter Road North, Gatwick Airport, West
Sussex, RH6 0JE”.
The CAC gave both Parties notice of receipt of the application on 29 March 2007.
The Employer submitted a response to the CAC dated 30 March 2007, 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 Ms Mary Stacey,
Chairman of the Panel, and, as
Members,
Mr Mike Cann and Mr Simon Petch. The
Case Manager appointed to support the Panel was Kate Norgate.
3. By a decision dated 15 April 2007 the Panel accepted the Union’s application.
4. The Parties subsequently agreed that
the appropriate bargaining unit should be “all staff excluding management
grades”. 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.
5. The Union did not claim that a majority
of the workers within the bargaining unit were Union members and accordingly
the Panel gave notice under paragraph 23(2) of the 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 24
May 2004 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.
6. The Panel subsequently
directed that Popularis should be appointed as the Qualified Independent Person
(QIP) to conduct the ballot.
7. The QIP was appointed on 12 June 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 13 June 2007 and close at 2.00 p.m. on 10 July 2007. The postal ballot papers would be dispatched
on 27 June 2007 to be returned
by no later than 2.00 p.m. on 10 July 2007.
8. The QIP reported to the CAC on 10 July 2007 that, of the 55 workers in
the bargaining unit, 52 had voted in the ballot; there were no spoilt ballot
papers. 35 workers (67.3% of those voting) had voted to support the proposal
that the Union should be recognised by the Employer, and
17 workers (32.69% of those voting) had voted to reject
the
proposal. The proportion of workers
constituting the bargaining unit who supported the proposal was 63.63%.
Declaration of Recognition
9. In
accordance with paragraph 29(2) of the Schedule the CAC informed both Parties,
on 11 July 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 staff excluding
management grades at the Employer’s premises at Gatwick Fuel Farm, Perimeter Road North, Gatwick Airport, West Sussex, RH6 0JE.
Panel
Ms
Mary Stacey, Chairman
Mr Mike
Cann
Mr Simon
Petch
16
July 2007