Case Number:TUR1/41(2001)

 

CENTRAL ARBITRATION COMMITTEE

TRADE UNION AND LABOUR RELATIONS (CONSOLIDATION)

ACT 1992 SCHEDULE A1 ‑ COLLECTIVE BARGAINING: RECOGNITION

DECISION ON WHETHER TO ACCEPT THE APPLICATION

 

The Parties:

KFAT

and

Donisthorpe

 

Introduction

 

 

1. KFAT (the Union) submitted an application to the CAC dated 30 January 2001 that it should be recognised for collective bargaining by Donisthorpe  (the Company). The CAC gave both parties notice of receipt of the application on 1st February 2001.

 

2. 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 Linda Dickens, Deputy Chairman and, as Members, Mrs Margaret Prosser and Dr. Elizabeth Allen. The Case Manager appointed to support the Panel was Mr. Amit Sen.

 

Considerations

 

3. The Panel is required by the Act to determine whether the Union's application to the CAC should be accepted after applying the statutory validity and admissibility tests. The Company offered no evidence to counter the Union's position on the tests set out in paragraph 36 of the Act. The Panel has, nevertheless, considered all the documentation relating to the tests and is satisfied that the Union's application meets all the statutory criteria.

 

4. In relation to the paragraph 36 tests, the Union claimed that out of 79 workers in the proposed bargaining unit, it has 42 members, i.e. 53.2%. The Company has not disputed this but said that it has been told by some workers that they joined the Union only as a result of pressure from pro-Union workers, although no evidence was offered to support this.  The Company states there are 76 employees in the union proposed bargaining unit. 

 

Decision

 

5. In order to discharge our statutory responsibility we considered all the information submitted by the parties, which included some details of discussions on a possible voluntary recognition agreement prior to the application to us. We are satisfied that the union has 10% of the proposed bargaining unit in membership and that the majority of workers constituting the proposed bargaining unit would be likely to favour recognition of the Union as entitled to conduct collective bargaining on behalf of the bargaining unit.

 

6. For the reasons given above, the Panel's decision is that the application is accepted by the CAC.

 

 

 

Panel Chair    Professor L Dickens

Members       Margaret Prosser

                      Dr. Elizabeth Allen

 

Date:              14 February 2001