Case Number: TUR1/439(2005)

31 August 2005                             

 

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:

 

GMB

 

and

 

Savers Health & Beauty

 

 

Introduction

 

1.         GMB (the Union) submitted an application to the CAC dated 4 March 2005 that it should be recognized for collective bargaining purposes by Savers Health and Beauty (the Employer) for a bargaining unit consisting of “all permanently employed, hourly paid employees at the Savers Health & Beauty site (excluding all salaried employees, such as those in Supervisory and Team Leader Roles, also excluding Agency and Temporary employees)” at the Savers Health & Beauty in Darlington.  The CAC gave both Parties notice of receipt of the application on 8 March 2005.  The Employer submitted a response to the CAC on 10 March 2005 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 Professor Lynette Harris, Chairman of the Panel, and, as Members, Mr Paul Gates and Mr Sandy Morrison.  The Case Manager appointed to support the Panel was Miss Maverlie Tavares.

 

3.       By a decision dated 18 May 2005, the Panel accepted the Union’s application. The Parties had agreed the bargaining unit prior to the Union’s application being submitted to the CAC. 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 24 May 2005, 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 Union, or the Union and the Employer jointly, informing the CAC that a ballot was not required.

 

4.         The Parties did not agree on what type of ballot should be conducted. Following submissions received from both Parties, in a decision dated 23 June 2005, the Panel decided that a postal ballot was the most appropriate. 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

 

5.         The QIP was appointed on 22 July 2005 and the balloting period started on 8 August 2005, with a completion date of 19 August 2005. The QIP reported to the CAC on 19 August 2005 that, of the 203 employees in the bargaining unit, 121 had voted in the ballot; there were no spoilt ballot papers. 118 workers (97.52% of those voting) had voted to support the proposal that the Union should be recognised by the Employer and 3 workers (2.48% of those voting) had voted to reject that proposal. The proportion of workers constituting the bargaining unit who supported the proposal was 58.13%.

Declaration of Recognition

 

6.         In accordance with paragraph 29(2) of the Schedule the CAC informed both Parties, on 22 August 2005, of the result of the ballot.

 

7.              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 on behalf 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 to the Act.

 

8.         The CAC accordingly declares that the Union is recognised to conduct collective bargaining on behalf of the bargaining unit consisting of “all permanently employed, hourly paid employees at the Savers Health & Beauty site (excluding all salaried employees, such as those in Supervisory and Team Leader Roles, also excluding Agency and Temporary employees) at the Savers Health & Beauty in Darlington.” 

 

 

Panel Chair: Professor Lynette Harris

Members: Mr Paul Gates

Mr Sandy Morrison

 

31 August 2005