Case Number: TUR1/357(2004)

01 October 2004                             

 

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:

 

AMICUS

 

And

 

Sebden Steel Service Centres Ltd

 

 

Introduction

 

1.         Amicus (the Union) submitted an application to the CAC dated 22 March 2004 that it should be recognised for collective bargaining purposes by Sebden Steel Service Centres Ltd (the Employer) in respect of a bargaining unit comprising of “All Machine Operators, Crane Drivers, Forklift Truck Driver, Slitter Operator, General Labourer & Guillotine Operator” located on site at Sebden Steel West Midlands.  The CAC gave both parties notice of receipt of the application on 22 March 2004. The Employer submitted a response to the CAC on 30 March 2004 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 Ms Mary Stacey, Chairman, and as Members, Mr. Ken Cameron and Mr Ged Fisher. The Case Manager appointed to support the Panel was Mr Humphrey Uddoh. For the purposes of this decision, the Case Manager was Maverlie Tavares.

 

3.       By a decision dated 12 May 2004, the Panel accepted the Union’s application. No agreement on the bargaining unit was made, so both parties were invited to supply the Panel with, and to exchange, written submissions relating to the question of the determination of the appropriate bargaining unit. The Panel made a decision on the appropriate bargaining unit on 2 August 2004.

 

4.         As the Union did not claim that a majority of workers constituting the bargaining unit were members of the Union, the Panel gave notice, under paragraph 23(2) of the Schedule to the Act, 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 advised, in a letter from the Case Manager dated 9 August 2004, that the Panel would wait until the end of the notification period, as specified in paragraphs 24(2) to (5) of the Schedule, before proceeding with the arrangements.  The Parties were also asked for their views on the form that the ballot should take. The notification period elapsed without the Unions, or the Unions and the Employer jointly, informing the CAC that a ballot was not required.

 

5.         The Parties notified the CAC on the 16 August 2004, that they agreed that the type of ballot to be conducted should be a postal ballot. The Parties reached an agreement on the Union’s access during the balloting period and the Panel subsequently directed that Electoral Reform Services should be appointed as the QIP to conduct the ballot. 

 

 

 

The ballot

 

6.         The QIP was appointed on 31 August 2004 and the balloting period started on 15 September 2004, with a completion date of 28 September 2004. The QIP reported to the CAC on 28 September 2004 that, of the 48 employees in the bargaining unit, 36 had voted in the ballot; there were no spoilt ballot papers. 34 workers (94.44% of those voting) voted to support the proposal that the Union should be recognised by the Employer and 2 workers (5.56% of those voting) voted to reject the proposal. The proportion of workers constituting the bargaining unit who supported the proposal was 70.83%.

 

Declaration of Recognition

 

7.         In accordance with paragraph 29(2) of the Schedule the CAC informed both Parties, on 29 September 2004, of the result of the ballot.

 

8.         The ballot established that a 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.

 

9.         The CAC accordingly declares that the Union is recognised as entitled to conduct collective bargaining on behalf of the bargaining unit consisting of all ”Machine Operators, Crane Drivers, Forklift Truck Driver, Slitter Operator, General Labourer and Guillotine Operator at the Company’s Brierley Hill site.”

 

 

Panel Chair: Ms. Mary Stacey

Members: Mr Ken Cameron

Mr Ged Fisher

01 October 2004