Case Number: TUR1/51/(2001)
July 2001
CENTRAL ARBITRATION COMMITTEE
TRADE UNION AND LABOUR RELATIONS (CONSOLIDATION) ACT 1992
SCHEDULE A1 - COLLECTIVE BARGAINING: RECOGNITION
DECLARATION OF RECOGNITION
The Parties:
GPMU
and
Eastern Counties Newspapers
Introduction
1. The Graphical Paper and Media Union (the Union) submitted an application to the CAC dated 22 February 2001 that it should be recognised for collective bargaining by Eastern Counties Newspapers Ltd (the Company) for all workers in pre-press, post-press, in-house print, finishing and maintenance, excluding managers and agency workers, at the location of Thorpe Print Centre, Norwich.
2. In accordance with section 263 of the 1992 Act, the CAC Chairman established a Panel to determine the case. The Panel consists of three members: Professor Roger Rideout as Chairman, and Jean Johnson and Simon Petch as Members. The Case Manager appointed to support the Panel and parties was Anne Feehally.
3. By a decision dated 10 April 2001, the Panel decided that the Union’s application was admissible. In making this decision the Panel took note of the Union’s statement it had 49 members in the bargaining unit, a figure which was not disputed by the Company. The Company gave the number of workers in the bargaining unit as 74. In a decision dated 11 June 2001 the Panel decided that the appropriate bargaining unit was as proposed by the Union, and defined as all workers, employed by Eastern Counties Newspapers Limited on the activities currently conducted at Thorpe Print Centre, excluding managers, team leaders, administrative staff, and drivers and distribution. This decision was taken following a hearing on 4th June 2001.
Issues
4. Schedule A1 provides that where the CAC is satisfied that the Union has a majority of membership in the bargaining unit, it must issue a declaration of recognition under paragraph 22(2), unless any of three qualifying conditions in paragraph 22(4) apply. Sub paragraphs 22(3) and 22(4) (a) - (c) require the CAC to hold a ballot even where it has found there are a majority of union members if any of three qualifying conditions are satisfied. The qualifying conditions are:
a) The CAC is satisfied that a ballot should be held in the interests of good industrial relations;
b) A significant number of union members within the bargaining unit inform the CAC that they do not want the Union to conduct collective bargaining on their behalf;
c) Membership evidence is produced which leads the CAC to conclude that there are doubts whether a significant number of union members within the bargaining unit want the union to conduct collective bargaining on their behalf.
5. At the hearing of 4th June 2001, the Union confirmed that they still had more than 50% membership of the workers in the bargaining. This was accepted by the Company. The CAC is satisfied that the Union has a majority of membership in the bargaining unit, and must therefore issue a declaration of recognition under paragraph 22(2), unless any of three qualifying conditions in paragraph 22(4) apply.
6. The Panel has given thorough consideration to each of the qualifying conditions in paragraph 22(4).
7. Condition 22(4) (a). In a letter to the CAC dated 25th June the Company stated that it would not wish to ask the CAC to direct that there should be a ballot. The Company stated it was very concerned about the impact on relations with employees, and between employees, that would be involved in a ballot and the inevitable campaigning that would precede it.
8. Condition 22(4) (b) and (c). No evidence has been submitted to the CAC regarding these conditions.
The Decision
9. The Panel have considered the evidence submitted by the Parties and are satisfied that a majority of the workers constituting the bargaining unit are members of the Union, and that none of the qualifying conditions set out in paragraph 22(4) of the Schedule are fulfilled. Consequently, the panel declares that the GPMU is recognised as entitled to conduct collective bargaining on behalf of the all workers, employed by Eastern Counties Newspapers Limited on the activities currently conducted at Thorpe Print Centre, excluding managers, team leaders, administrative staff, and drivers and distribution.
Panel Chairman
Professor Roger Rideout
Members
Mrs. Jean Johnson
Mr. Simon Petch
Date July 2001