Case Number: TUR1/564(2007)

19 July 2007

 

 

CENTRAL ARBITRATION COMMITTEE

 

TRADE UNION AND LABOUR RELATIONS (CONSOLIDATION) ACT 1992

 

SCHEDULE A1 - COLLECTIVE BARGAINING: RECOGNITION

 

DECLARATION OF RECOGNITION WITHOUT A BALLOT

 

 

The Parties:

Connect

 

 

and

 

 

Vodafone Limited

 

 

Introduction

 

1.         Connect (the Union) submitted an application dated 23 March 2007 to the CAC that it should be recognised for collective bargaining by Vodafone Limited (the Employer) for a bargaining unit comprising “All employees working in the Regional Operations North organisation in grades H, I and J”.  The location of the bargaining unit was given as “Scotland, Northern Ireland, Wales, North of England and Midlands” below which was added “The main location is in Warrington.  Most of the employees are field based and work ‘out of’ sites at various locations”.  The CAC gave both parties notice of receipt of the application on 26 March 2007.  The Employer submitted a response on 4 April 2007 which was duly 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 Frank Burchill, Chairman of the Panel, and, as Members, Mrs Jackie Patel and Dr Christopher Ball.  The Case Manager appointed to support the Panel was Nigel Cookson.

 

3.         By a decision dated 27 April 2007 the Panel accepted the Union’s application. The parties then entered a period of negotiation in an attempt to reach agreement on the appropriate bargaining unit.  As no agreement was reached by the end of the relevant period, the parties were invited to supply the Panel with, and to exchange, written submissions relating to the question of the determination of the appropriate bargaining unit.  A hearing was held on 22 June 2007 and the Panel issued its decision on the appropriate bargaining unit on 27 June 2007.  The determined bargaining unit was that as originally proposed by the Union.

 

Issues

 

4.         Paragraph 22(2) of Schedule A1 to the Act (the Schedule) requires the CAC to issue a declaration that a union is recognised as entitled to conduct collective bargaining on behalf of a group of workers constituting the bargaining unit if it is satisfied that a majority of the workers constituting the bargaining unit are members of the applicant union, unless any of the three qualifying conditions set out in Paragraph 22(4) are fulfilled.  If any of these conditions are met, or the CAC is not satisfied that a majority of workers in the bargaining unit are members of the applicant union, the CAC must give notice to the parties that it intends to arrange for a secret ballot to be held.  The qualifying conditions in paragraph 22(4) are as follows:

 

a)             the CAC is satisfied there should be a ballot in the interests of good industrial relations;

 

b)             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 (or unions) to conduct collective bargaining on their behalf;

 

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

 

5.         In a letter dated 2 July 2007 the Union was asked by the CAC whether it claimed majority membership within the bargaining unit, and if so, whether it wished to submit that it should be recognised for collective bargaining without a ballot.  By a letter dated 2 July 2007, the Union stated that it should be granted recognition without a ballot.  It explained that since the CAC carried out a membership check in April, its membership in the bargaining unit had increased and that the total number of employees had not changed.  The Union believed that its membership level was over 60% in the bargaining unit, and holding a ballot would not be in the interest of good industrial relations  The Employer, in a letter dated 4 July 2007, stated that it did not have any evidence to doubt the accuracy of the membership figures provided by the Union during the course of the statutory process.  It added that it had no evidence to satisfy any of the three qualifying conditions in paragraph 22(4) of the Schedule A1.  The Employer concluded that, on this basis, it did not believe that there was a need for a workplace ballot to be held and it had no further submissions to make to the CAC.

 

Considerations

 

6.         The Act requires the Panel to consider whether it is satisfied that the majority of the workers in the bargaining unit are members of the Union.  If the Panel is satisfied that the majority of the workers in the bargaining unit are members of the union, it must then decide if any of the three conditions in paragraph 22(4) are fulfilled.  If the Panel considers any of them are fulfilled it must give notice to the Parties that it intends to arrange for the holding of a secret ballot.

 

7.         The Union in its submission referred to a membership check conducted by the Case Manager in April 2007 which showed a membership level of 64.02% in the proposed bargaining unit.  The proposed bargaining unit was the same as that determined by the Panel in its decision on the appropriate bargaining unit of 27 June 2007.  The Employer has not submitted any evidence or argued that the Union has not met the criteria to be awarded recognition without a ballot.  The Panel is therefore satisfied that a majority of the workers in the bargaining unit are members of the Union.

 

8.         As stated in paragraph 6 above, if the Panel is satisfied that the majority of the workers constituting the bargaining unit are members of the Union it must issue a declaration of recognition unless it considers that any of the three qualifying conditions are fulfilled.  The Employer did not seek to argue for a ballot on any of these grounds, and no evidence has been received from union members to indicate that they do not want the Union to conduct collective bargaining on their behalf.

 

 

Declaration

 

9.         The CAC accordingly declares that Connect is recognised to conduct collective bargaining by Vodafone Ltd in respect of a bargaining unit comprising “All employees working in the Regional Operations North organisation in grades H, I and J”.  The location of the bargaining unit was given as “Scotland, Northern Ireland, Wales, North of England and Midlands” and the main location being in Warrington.    

 

Panel

 

Professor Frank Burchill

Mrs Jackie Patel

Dr Christopher Ball

 

19 July 2007