05
November 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:
GMB
And
Uponor
Limited
1. GMB (the Union)
submitted
an application under paragraph 12(4) of the Schedule to the CAC dated 30 April
2007 that it should be recognised for collective bargaining by Uponor Limited
(the Employer) for a bargaining unit constituting “all permanent manufacturing
and supply chain operatives excluding supervisory/team leader roles and staff”
at the Employer’s Hillcote site. It
further stated that the bargaining unit was agreed by the Employer. The CAC gave both Parties notice of receipt
of the application on 3 May 2007. The Employer submitted a response to the CAC
dated 11 May 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 Professor Lynette
Harris, Deputy Chairman, and, as Members, Mr David Bower and Sir Kenneth
Jackson. The Case Manager appointed to
support the Panel was Sarah Kendall. For the purposes of this decision the Case
Manager was Kate Norgate.
3. By a decision dated 12 June 2007, the CAC accepted the
application.
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 5 July 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.
5. The Panel subsequently
directed that Electoral Reform Services should be appointed as the Qualified
Independent Person (QIP) to conduct the ballot.
6. The QIP was appointed on 19 September 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 20 September
2007 and close at 2.00 p.m. on 19 October 2007. The postal ballot papers would be dispatched
on 5 October 2007 to be returned
by no later than 2.00 p.m. on 19 May 2007.
7. In a letter dated 3 October 2007 the Panel informed the Parties that in view of the postal strikes announced
for 5 and 6
October 2007 and 8 and 9 October 2007 the closing date for receipt of the postal votes should be extended
to 26 October
2007.
8. The QIP reported to the CAC on 26 October 2007 that, of the 132 workers in
the bargaining unit, 87 had voted in the ballot; there were no spoilt ballot
papers. 70 workers (80.46% of those voting) had voted to support the proposal
that the Union should be recognised by the Employer,
and 17 workers (19.54% of those voting) had voted to reject the proposal. The proportion of workers constituting the
bargaining unit who supported the proposal was 53.03%.
Declaration of Recognition
9. In
accordance with paragraph 29(2) of the Schedule the CAC informed both Parties,
on 1 November 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 permanent manufacturing and supply chain
operatives excluding supervisory/team leader roles and staff”.
Panel
Professor
Lynette, Chairman
Mr David
Bower
Sir
Kenneth Jackson
05
November 2007