Decision

Recognition Decision

Updated 15 March 2023

Applies to England, Scotland and Wales

Case Number: TUR1/1284/2022

15 March 2023

CENTRAL ARBITRATION COMMITTEE

TRADE UNION AND LABOUR RELATIONS (CONSOLIDATION) ACT 1992

SCHEDULE A1 - COLLECTIVE BARGAINING: RECOGNITION

DECLARATION THAT THE UNION IS NOT ENTITLED TO BE RECOGNISED

The Parties:

GMB

and

The Noble Collection UK Ltd

1. Introduction

1) GMB (the Union) submitted an application to the CAC dated 3 August 2022 that it should be recognised for collective bargaining purposes by The Noble Collection UK Ltd (the Employer) for a bargaining unit comprising “all managerial, office/administration and retail Staff employed by The Noble Collection UK Ltd at 26-28 Neal Street, London WC2H 9QQ; 26-28 Neal Street, London WC2H 9PS; and Hamleys Toy Store, 188-196 Regent Street, London W1B 5BT” The location of the bargaining unit was given as 26-28 Neal Street, London WC2H 9QQ; 26-28 Neal Street, London WC2H 9PS; and Hamleys Toy Store, 188-196 Regent Street, London W1B 5BT. The application was received by the CAC on 3 August 2022 and the CAC gave notice of receipt of the application to the parties that day. The Employer submitted a response to the CAC dated 8 August 2022 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 Chair established a Panel to deal with the case. The Panel consisted of Professor Gillian Morris, Panel Chair, and, as Members, Mr Kieran Grimshaw and Mr Paul Noon OBE . The Case Manager appointed to support the Panel was Kate Norgate. Joanne Curtis replaced Kate Norgate as Case Manager for the purposes of this decision.

3) By a decision dated 24 August 2022 the Panel accepted the Union’s application. The parties then entered a period of negotiation in an attempt to reach agreement on the appropriate bargaining unit. No agreement was reached between the parties as to the appropriate bargaining unit. Following a virtual hearing held on 11 October 2022 the Panel decided, by a decision dated 17 October 2022, that the appropriate bargaining unit was “all retail staff employed by the Noble Collection UK Ltd at 26-28 Neal Street, London WC2 and Hamleys Toy Store, 188-196 Regent Street, London W1 excluding the Head of the Retail Team”.

4) As the determined bargaining unit differed from that proposed by the Union in its application the Panel was required to decide whether the Union’s application was invalid. In a decision dated 2 November 2022 the Panel decided that the application was not invalid.

2. Ballot

5) The Union did not claim that a majority of the workers constituting the bargaining unit were members of the Union. The Panel therefore gave notice under paragraph 23(2) of the Schedule to the Act (the Schedule) 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 that the Panel would wait until the end of the notification period of ten working days, as specified in paragraph 24, before arranging for the holding of the ballot. The notification period elapsed without the Union, or the Union and the Employer jointly, informing the CAC that they did not want the CAC to arrange for the holding of the ballot.

6) The Panel asked for the views of the parties on the form of the ballot. Both parties favoured a postal ballot and in a letter dated 16 November 2022 the Case Manager informed the parties that the Panel had decided that a postal ballot should take place. The parties subsequently reached agreement on access arrangements. The Panel directed that Mi-Voice should be appointed as the Qualified Independent Person (QIP) to conduct the ballot.

7) The QIP was appointed on 10 February 2023 and the parties were notified accordingly in a letter of the same date. The balloting period started on 27 February 2023 with a completion date of noon on 10 March 2023. The postal ballot papers were dispatched on 27 February 2023 and the closing date for their return was noon on 10 March 2023.

8) The QIP reported to the CAC on 10 March 2023 that, out of 14 workers eligible to vote, four (4) ballot papers had been returned. Three (3) workers, (75% of those voting) had voted to support the proposal that the Union should be recognised by the Employer for the purposes of collective bargaining and one (1) worker (25% of those voting) had voted to reject the proposal. The proportion of workers supporting the proposal as a percentage of the bargaining unit was 21.43%.

9) The CAC informed the Employer and the Union on 13 March 2023 of the result of the ballot in accordance with paragraph 29(2) of the Schedule.

3. Declaration that the Union is not entitled to be recognised

10) The ballot did not establish that at least 40% of the workers in the bargaining unit supported the proposal that the Union be recognised by the Employer for the purposes of collective bargaining within the bargaining unit as required by paragraph 29(3)(b) of the Schedule.

11) In accordance with paragraph 29(4) of the Schedule, the CAC declares that the Union is not entitled to be recognised by the Employer as entitled to conduct collective bargaining on behalf of the bargaining unit.

Panel

Professor Gillian Morris, Panel Chair

Mr Kieran Grimshaw

Mr Paul Noon OBE

15 March 2023