Case Number: TUR1/576/2007

10 January 2008

CENTRAL ARBITRATION COMMITTEE

TRADE UNION AND LABOUR RELATIONS (CONSOLIDATION) ACT 1992

SCHEDULE A1 - COLLECTIVE BARGAINING: RECOGNITION

DECLARATION OF RECOGNITION

The Parties:

GMB

and

Windowstyle (UK) Limited

Introduction

1. GMB (the Union) submitted an application dated 31 May 2007 to the CAC that it should be recognised for collective bargaining purposes by Windowstyle (UK) Limited (the Employer) for a bargaining unit comprising of “Foremen, General Cleaners, Production Operatives, Logistics & Ancillary Production Operatives and Remake staff shop floor workers” based at the Employer’s premises in Valley Road, Station Road Industrial Estate, Wombwell, Barnsley”. The CAC gave both parties notice of receipt of the application on 4 June 2007. The Employer submitted a response to the CAC dated 7 June 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, Chairman of the Panel, and, as Members, Mr Eamonn Barry and Mr Roger Lyons. The Case Manager appointed to support the Panel was Nigel Cookson.

3. By a decision dated 5 July 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. In letters dated 16 July 2007 the parties were duly invited, in the event that no agreement was reached by the end of the period, to supply the Panel with, and to exchange, written submissions relating to the question of the determination of the appropriate bargaining unit and that a hearing would be held in Sheffield on 22 August 2007. As no agreement was reached by the end of the relevant period, the parties were informed, in letters dated 10 August 2007, that this hearing would take place and that, in order to accommodate the hearing, the Panel had extended the period in which it had to determine the bargaining unit to 31 August 2007.

4. In a decision promulgated 29 August 2007 the Panel, after careful consideration of the parties’ oral and written submissions, decided that the appropriate bargaining unit should comprise the following workers:

Foremen (including Team Leaders and Leading Hands)

General Cleaners

Production Operatives (including Conservatory Roofs, Quality Control and Waste Recycle)

Logistics and Ancillary Production Operatives

Remake Shop Floor Workers

Maintenance

5. As the determined bargaining unit differed from that proposed by the Union the Panel was required by paragraph 20 of the Schedule to the Act (the Schedule) to determine whether the Union’s application was valid or invalid within the terms of paragraphs 43 to 50. To this end both parties were invited to supply the Panel with written submissions relating to the validity tests.

6. By a decision dated 26 September 2007 the Panel determined that the application was valid for the purposes of paragraph 20 of the Schedule and that the CAC would therefore proceed with the application.

7. On 26 September 2007, the Panel, satisfied that a majority of the workers constituting the bargaining unit were not members of the Union, gave notice in accordance with paragraph 23(2) that a secret ballot would be held. The Panel also advised the parties that it would wait until the end of the notification period of ten working days, as specified in paragraph 24(5), before arranging a secret ballot. The parties were also asked for their views on the form the ballot should take.

8. The parties had different views as to the form that the ballot should take and so the Panel was called upon to determine the matter. In a decision promulgated on 12 October 2007 the Panel, after careful assessment of the submissions received, decided that the ballot should take the form of a postal ballot. The parties were then able to reach agreement as to access during the balloting period and the CAC was notified accordingly.

The Ballot

9. Popularis was appointed as QIP on 23 November 2007 to conduct the ballot and the Parties were notified accordingly in a letter dated 21 November 2007. The parties were informed that the balloting period would commence on the first working day following the appointment of the QIP, i.e. 26 November 2007 and close on 21 December 2007. The postal ballot papers were despatched on 10 December 2007 to be returned by no later than noon on 21 December 2007.

10. The QIP reported to the CAC on 21 December 2007 that out of 428 workers eligible to vote, two hundred and forty five (245) ballot papers had been returned. One ballot paper was found to be spoilt. One hundred and ninety five (195) workers, that is 79.59% of those voting, had voted to support the proposal that the Union be recognised for the purposes of collective bargaining with the Employer. Forty nine workers (49), that is 20% of those voting, voted to reject the proposal. The number of votes supporting the proposal as a percentage of the bargaining unit was 45.56%.

11. The CAC informed the Employer and the Union on 27 December 2007 of the result of the ballot in accordance with paragraph 29(2) of Schedule.

Declaration of Recognition

12. The ballot establishes that a majority of the workers voting and at least 40% of the workers constituting the bargaining unit support the proposal that the Union should be recognised by the Employer for the purpose of conducting collective bargaining in respect of 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.

13. The CAC declares that the Union is recognised by the Employer as entitled to conduct collective bargaining on behalf of the bargaining unit as particularised in paragraph 4 above.

Panel

Professor Lynette Harris, Chairman

Mr Eamonn Barry

Mr Roger Lyons

10 January 2008