Case Number: TUR1/603/2007

30 May 2008

 

 

CENTRAL ARBITRATION COMMITTEE

 

TRADE UNION AND LABOUR RELATIONS (CONSOLIDATION) ACT 1992

 

SCHEDULE A1 - COLLECTIVE BARGAINING: RECOGNITION

 

DECLARATION OF RECOGNITION

 

 

The Parties:

NASUWT, NUT & ATL

 

 

and

 

 

Mount St Mary’s College

 

 

Introduction

 

1.         NASUWT, NUT & ATL (the Unions) submitted an application to the CAC on 30 October 2007 that they should be recognised for collective bargaining by Mount St Mary’s College (the Employer) for a bargaining unit comprising “Members of staff who have a contract to teach within Mount St Mary's College, Spinkhill”, Derbyshire.  The CAC gave the parties notice of receipt of the application on 30 October 2007.  The Employer submitted a response on 5 November 2007 which was duly copied to the Unions.

 

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 Paul Davies, Chairman of the Panel, and, as Members, Mr Paul Talbot and Mr Paul Wyatt.  The Case Manager appointed to support the Panel was Nigel Cookson.

 

3.         By a decision dated 20 December 2007 the Panel accepted the Unions’ application.  The parties then entered a period of negotiation in an attempt to reach agreement on the appropriate bargaining unit.  In a letter dated 6 February 2008 the Employer informed the CAC that it had reached agreement with the Unions as to the appropriate bargaining unit and enclosed a list of those posts therein.  The Unions, in an email dated 5 February 2008, confirmed that the bargaining unit had been agreed between the parties and likewise included a list of those posts that were within the agreed bargaining unit.  (Although dated earlier than the Employer’s letter the Unions’ email was not received in its entirety until after the Employer’s letter had been received.)  The Unions confirmed that the agreed bargaining unit differed to that they had originally proposed.  The parties, when asked to define in terms the agreed bargaining unit, settled on the following:

 

“Those members of staff who are involved in teaching activities within Mount St Mary’s College, Spinkhill with the exception of the Headmaster, Deputy Headmaster and Network Manager/IT Technician.”

 

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

 

5.         By a decision dated 21 February 2008 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.

 

6.         On 19 March 2008, the Panel, having considered the parties’ submissions, decided that the qualifying condition in paragraph 22(4)(a) was met in that it would be in accordance with good industrial relations for a ballot to be held.  The parties were duly given notice, persuant to 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.

 

7.         Having considered the submissions received the Panel decided that the ballot should take the form of a postal ballot and the parties were duly informed.  The parties were then able to reach agreement as to access during the balloting period and the CAC was notified accordingly.

 

The Ballot

 

8.         ERS was appointed as QIP on 24 April 2008 to conduct the ballot and the parties were notified by letter dated 21 April 2008.  The postal ballot papers were despatched on 9 May 2008 to be returned by no later than 2.00 pm on 23 May 2008, at which time the ballot closed.

 

9.         The QIP reported to the CAC on 23 May 2008 that out of 50 workers eligible to vote, forty-two (42) ballot papers had been returned.  No ballot papers were found to be spoilt.  Twenty-two (22) workers, that is 52.4% of those voting, had voted to support the proposal that the Unions be recognised for the purposes of collective bargaining with the Employer.  Twenty workers (20), that is 47.6% of those voting, voted to reject the proposal.  The number of votes supporting the proposal as a percentage of the bargaining unit was 44%.

 

10.       The CAC informed the Employer and the Unions on 27 May 2008 of the result of the ballot in accordance with paragraph 29(2) of Schedule.

 

Declaration of Recognition

 

11.       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 Unions 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.

 

12.       The CAC declares that the Unions are recognised by the Employer as entitled to conduct collective bargaining on behalf of the bargaining unit comprising those members of staff who are involved in teaching activities within Mount St Mary’s College, Spinkhill with the exception of the Headmaster, Deputy Headmaster and Network Manager/IT Technician.

 

Panel

 

Professor Paul Davies, Chairman

Mr Paul Talbot

Mr Paul Wyatt

 

30 May 2008