Case Number: TUR1/605(2008)

                                                                                                            27 May 2008

 

 

                                    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

and

Waverley TBS 

 

1.         Unite the Union (the Union) submitted an application to the CAC, dated 25 October 2007, that it should be recognised for collective bargaining purposes by Waverley TBS (the Employer), in respect of a bargaining unit comprising “Drivers, Draymen and Warehouse Operatives”.  The CAC gave both Parties notice of receipt of the application on 5 November 2007.  On 16 November 2007 the Employer submitted a response to the CAC, 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 consider the case.  The Panel consisted of Professor Kenny Miller (Panel Chair), Mr Sandy Morrison and Mr Bill Speirs (Members).  The Case Manager appointed to support the Panel was Kate Norgate. 

 

 

3.         By a decision dated 6 December 2007, the CAC accepted the application.  The parties then reached agreement as to the appropriate bargaining unit and that that unit was the same as the Union’s proposed unit namely, “Drivers, Draymen and Warehouse Operatives”. 

 

4.         The Union initially claimed that a majority of the workers constituting the bargaining unit were members of the Union.  However, a membership check undertaken by the Case Manager dated 18 January 2008 established that union membership within the bargaining unit did not reach the required level.  The Panel therefore gave notice, under paragraph 23(2) of the Schedule to the Act (the Schedule), that it intended to arrange for the holding of a secret ballot in which the workers constituting the bargaining unit would be asked whether they wanted the Union to conduct collective bargaining on their behalf.  The parties were notified accordingly  in a letter from the Case Manager dated 18 January 2008 and were advised that the Panel would wait until the end of the notification period of ten working days, as specified in paragraph 24, before arranging for the holding of the ballot. The notification period elapsed without the Union, or the Union and the Employer jointly, informing the CAC that a ballot was not required.

 

The Ballot

 

5.           The Panel asked for the views of the Parties on the form of the ballot and, in a letter dated 30 January 2008 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 Ltd should be appointed as the Qualified Independent Person (QIP) to conduct the ballot.

 

7.         The QIP was appointed on 18 April 2008 and the Parties were notified accordingly in a letter of the same date.  The Parties were informed that the balloting period would commence on 21 April 2008 and close at 2.00 p.m. on 19 May 2008.  The postal ballot papers would be dispatched on 6 May 2008 to be returned by no later than 2.00 p.m. on 19 May 2008. 

 

8.         The QIP reported to the CAC on 3 January 2007 that, of the 20 workers in the bargaining unit, 16 had voted in the ballot; there were no spoilt ballot papers. 16 workers (100% of those voting) had voted to support the proposal that the Union should be recognised by the Employer, and no workers had voted to reject the proposal.  The proportion of workers constituting the bargaining unit who supported the proposal was 80%.

 

Declaration of Recognition

 

9.         In accordance with paragraph 29(2) of the Schedule the CAC informed both Parties, on 21 May 2008, 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 “Drivers, Draymen and Warehouse Operatives”.

 

Panel

Professor Kenny Miller

Mr Sandy Morrison

Mr Bill Speirs

 

27 May 2008