Case Number: TUR2/1/(2002)

20 March 2002

CENTRAL ARBITRATION COMMITTEE

TRADE UNION AND LABOUR RELATIONS (CONSOLIDATION) ACT 1992

SCHEDULE A1 - VOLUNTARY RECOGNITION:

DECISION ON WHETHER AN AGREEMENT IS AN AGREEMENT FOR RECOGNITION

The Parties:

NUJ

and

Emap Healthcare and Emap Public Sector Management

Introduction

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 consider the case. The Panel consisted of Professor John Purcell (Deputy Chairman) and Mr Simon Faiers and Mr Derek Hodgson as Panel members. The Case Manager appointed to support the Panel was Mr Matthew Penfold.

3.    In its application under Part II, the Union stated that the other party to the Agreement was "Emap Healthcare and Public Sector Management". The Union stated that it had made its initial request under paragraph 4 of Part I of the Schedule on 17 December 2001 and, following two agreed extensions to facilitate negotiations, the Agreement was entered into by all parties on 21 February 2002.

Considerations

Paragraph 52

5.    When submitting its application to the CAC the Union attached a copy of its initial request for recognition to the employer. The evidence provided by the Union in its application along with its supporting documents and by the Company in its response to the application enabled the Panel to decide that each of the tests in paragraphs 4 and 5 to 9 had been satisfied.

7.    In determining whether the Agreement is between a union and an employer the Panel took account of the evidence provided by the Union in its application and of the evidence provided by the employer in their response to the application. Both Emap Healthcare and Emap Public Sector Management are identifiable companies in their own right. The two companies share the same business location (Greater London House) and are jointly members of the Division known as Emap Communications, part of the Emap Plc group. At the time the Union made its initial request for recognition on 17 December 2001, Emap Healthcare and Emap Public Sector Management shared the same Managing Director. By the time the Agreement was signed on 21 February 2002 both Emap Healthcare and Emap Public Sector Management had their own Managing Director however the Agreement clearly recognised that the Union and Emap Healthcare and Emap Public Sector Management represented "both" parties to the Agreement. The CAC, in an effort to gather further evidence to test the statutory provisions, asked each of Emap Healthcare and Emap Public Sector Management to provide clarifying comments on the Union's application. Emap Healthcare and Emap Public Sector Management made a joint response to the CAC's request, again readily identifying that the companies represented the "other party". The Panel considered the evidence put before them and decided that Emap Healthcare and Emap Public Sector Management were associated employers. In view of the close ties between the two companies in the nature of their business, their shared services, their co- location and their membership of the same corporate family and in view of the significant progress made to date by the two parties, the Panel decided that they were in a position to accept the application made by the Union and to deem the application as being two applications to be expedited within the same declaration. Further to this decision the Panel directed that any subsequent declaration made as a result of this application would constitute a declaration relating to each of Emap Healthcare and Emap Public Sector Management and the Union insofar as the declaration relates to the Agreement for recognition.

Paragraphs 53 and 54

9.    The Panel determined that the Agreement defines the bargaining unit, identifies the parties to the Agreement and specifies the matters in respect of which the Union is recognised as entitled to conduct negotiations under the agreement. The Panel therefore decided that the Agreement satisfies the requirements of paragraphs 53 and 54 of the Schedule.

Declaration

Panel Chair    Professor John Purcell

Members            Simon Faiers

                            Mr Derek Hodgson

Date                    20 March 2002