Case No. TUR1/366(2004)

24th September 2004

 

 

 

 CENTRAL ARBITRATION COMMITTEE

 

TRADE UNION AND LABOUR RELATIONS (CONSOLIDATION) ACT 1992

 

SCHEDULE A1 - COLLECTIVE BARGAINING: RECOGNITION

 

DECLARATION THAT UNION IS ENTITLED TO BE RECOGNISED

 

 

The Parties:

 

BECTU

 

and

 

Intelfax Limited

 

Introduction

 

  1. BECTU (the Union’) submitted an application to the CAC dated 26th April 2004 that it should be recognised for collective bargaining purposes by Intelfax Limited (the Employer) for staff below management level working in Intelfax’s Interactive Department. The CAC gave both parties notice of receipt of the application on 30th April 2004 and invited responses from the Employer in regard to the application.

 

  1. In accordance with section 263 of the 1992 Act, the CAC Chairman established a Panel to deal with the case. The Panel consisted of Professor Roy Lewis, Chairman, and as Members, Mr. Arthur Lodge and Sir. Kenneth Jackson. The Case Manager appointed to support the Panel was Mr. Roshan Kamall.

 

  1. By its written decision dated 14th June 2004, the Panel accepted the Union’s application. 

 

  1. By letter dated 18th June 2004 the Employer confirmed that it agreed that the appropriate bargaining unit was the one proposed by the Union. As a majority of the workers constituting the bargaining unit were not members of the Union a postal ballot of the bargaining unit was conducted on the question of whether the workers within the bargaining unit wished the Union to be recognised for the purposes of conducting collective bargaining on their behalf.

 

The Ballot

5.      By a decision dated 10th August 2004, the Panel determined that the form of the ballot should be a postal one.  Popularis Limited was appointed as the Qualified Independent Person (QIP) on 23rd August 2004 to conduct the ballot and the Parties were notified accordingly.    The postal ballot papers were despatched on the 6th September 2004 and the closing date for their return was 16th September 2004.

 

6.      The QIP reported to the CAC, on 16th September 2004, that out of 14 workers in the bargaining unit, 8 workers (57.14 % of the bargaining unit) had voted and there were no blank or spoilt papers.  6 workers (that is 75% of those voting) had voted to support the proposal that the Union be recognised for the purposes of collective bargaining with the Employer.  2 workers (that is 25% of those voting) had voted to reject that proposal.  The number of votes supporting the proposal as a percentage of the bargaining unit was 42.85%.

 

Declaration of Recognition

 

7.      The CAC informed the Employer and the Union on 17th September 2004 of the result of the ballot in accordance with paragraph 29 (2) of Schedule A1 to the Act.

 

8.      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 be recognised for the purpose of conducting collective bargaining by the Employer 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 Schedule A1 to the Act.

 

  1. The CAC declares that the Union be recognised by the Employer as entitled to conduct collective bargaining on behalf of all staff below management level working in Intelfax’s Interactive Department.

 

 

 

Panel

 

Professor Roy Lewis

Mr Arthur Lodge

Sir Kenneth Jackson

 

24th September 2004