TUR1/252/(2003)

20 May 2003

 

 

CENTRAL ARBITRATION COMMITTEE

TRADE UNION AND LABOUR RELATIONS (CONSOLIDATION) ACT 1992

SCHEDULE A1 – COLLECTIVE BARGAINING: RECOGNITION

DECLARATION OF RECOGNITION WITHOUT A BALLOT

 

 

The parties:

 

GMB

and

Eddie Stobart Ltd

 

Introduction

 

1.         GMB (the Union) submitted an application to the CAC dated 4 March 2003 that it should be recognised for collective bargaining by Eddie Stobart Ltd (the Company) for a bargaining unit consisting of all workers employed by the Company in warehouse and despatch at Carnaud Metal Box Bevcan plc, Borland Avenue, Botcherby, Carlisle.  The CAC gave both parties notice of receipt of the application on 6 March 2003.

 

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 Linda Dickens, Deputy Chairman, and, as Members, Mr D Cameron and Mrs M Shaw.  The Case Manager appointed to support the Panel was Roshan Kamall.

 

3.         By a decision dated 9 April 2003, the Panel decided that the Union’s application should be accepted by the CAC.  That document recorded that the Panel had had to make its decision in the absence of any evidence or representations from the Company.  On 9 April 2003, the Case Manager wrote to the Union, and to the Company’s Managing Director and HR Manager, to explain the legislative provisions relating to the agreement on, or determination of, the appropriate bargaining unit.  The letters to the Company were sent by recorded delivery.

 

4.         On 14 April 2003, the Company’s HR Manager sent an e-mail to the Case Manager.  Attached to the e-mail was a completed response form, originally sent to the Company on 6 March 2003.  In the e-mail, the Company included the statement “You will note from our Response Form, that we do not object to the application, and will be in contact with the Acas office in Newcastle upon Tyne, for assistance in the next stages of the process”.  The Company further stated, on the response form, that it agreed the Union’s proposed bargaining unit.

 

5.         On 28 April 2003, the Union wrote to the Case Manager to say that it had had no contact from Acas and requested the CAC to declare recognition without a ballot.  The Case Manager wrote to the Company on 30 April 2003, attaching a copy of the Union’s letter, to invite it to submit representations, in accordance with paragraphs 22(4)(a) to (c) of the Schedule, on whether or not a ballot should be held.  The Case Manager asked for a reply by 6 May 2003.  As no reply was received to that letter, the Panel instructed the Case Manager to write to both parties, on 7 May 2003, to inform them that the Panel would proceed to issue a declaration of recognition.  Although that letter did not specifically request a reply, the Company did not submit an oral or written response.

 

Considerations

 

6.         Paragraph 22(2) of the Schedule requires the CAC to issue a declaration that the Union is recognised as entitled to conduct collective bargaining on behalf of the 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 in paragraph 22(4) are fulfilled.  If any of those conditions are met, or if the CAC is not satisfied that a majority of workers in the bargaining unit are members of the union, the CAC must give notice to the parties that it intends to hold a ballot.

 

7.         In its acceptance decision of 9 April 2003, the Panel noted that the Union had stated that there were 22 members in a proposed bargaining unit of 32 workers, a membership level of 68.75%.  In its response form, not received by the CAC until 14 April 2003, the Company stated that there were 37 workers in the bargaining unit.  The Union subsequently notified the Case Manager that it had recruited a further four members since the application was originally submitted.  Those changes have only a marginal effect on the level of membership and it may in fact have increased to about 70%.  The Company has at no time contested the level of union membership.  The Panel is accordingly satisfied, in accordance with paragraph 22(1)(b) of the Schedule that a majority of workers constituting the bargaining unit are members of the union.

 

8.         The second issue for the Panel to consider is whether a ballot should be held despite the level of union membership.  The Panel has received no representations from any source that a ballot should be held.  In particular, the Panel is satisfied that the Company was given sufficient opportunity to make its views known.  Accordingly, the Panel’s decision is that none of the conditions in paragraph 22(4) of the Schedule is fulfilled.

 

Declaration

 

9.         The CAC declares that the Union is recognised by the Company as entitled to conduct collective bargaining on behalf of the workers constituting the bargaining unit specified in paragraph 1 of this decision.

 

 

 

 

Linda Dickens

Dennis Cameron

Maureen Shaw

 

20 May 2003