Decision

Form of Ballot Decision

Updated 21 July 2023

Applies to England, Scotland and Wales

Case Number: TUR1/1299(2023)

7 June 2023

CENTRAL ARBITRATION COMMITTEE

TRADE UNION AND LABOUR RELATIONS (CONSOLIDATION) ACT 1992

SCHEDULE A1 - COLLECTIVE BARGAINING: RECOGNITION

DECISION ON FORM OF BALLOT

The Parties:

Unite the Union

and

Moog Controls Limited

1. Introduction

1) Unite the Union (the Union) submitted an application to the CAC dated 16 January 2023 that it should be recognised for collective bargaining purposes by Moog Controls Limited (the Employer) for a bargaining unit comprising “Directs within Assembly and Test, covering the job roles Assembler Tester, Technician, Technician 2, Senior Technician, Cell Lead, Shift Lead and Production Supervisor employed at Moog Controls Limited, Ashchurch, Tewkesbury, Gloucestershire, GL20 8NA. Directs within Manufacturing, covering the job roles Semi Skilled Assembler/Finisher, Skilled Machinist, Machinist Cell Fitter, Cell lead, Tool Maker, Induction Machinist, Trainer Machinist, Trainer Assembler/Finisher, Semi Skilled Machinist and Machinist CNC employed at Moog Controls Limited, Ashchurch, Tewkesbury, Gloucestershire, GL20 8NA.” The location of the bargaining unit was given as “Moog Controls Limited, Ashchurch, Tewkesbury, Gloucestershire, GL20 8NA.” The application was received by the CAC on 16 January 2023 and the CAC gave notice of receipt of the application to the parties that day. The Employer submitted a response to the CAC dated 23 January 2023 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 Mrs Sarah Havlin, Panel Chair, and, as Members, Mr Kieran Grimshaw and Mrs Claire Sullivan. The Case Manager appointed to support the Panel was Joanne Curtis.

3) By a decision dated 23 February 2023 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. On 23 March 2023 the Parties informed the CAC the bargaining unit had been agreed as “Directs within Assembly and Test and Manufacturing who work at Aircraft Group Moog Controls Limited”. For the purposes of this definition, the job roles included were Assembler Tester, Bridging Shift Leader, Cell Lead, Certified Training Lead, Induction Assembler/Finisher, Induction Machinist, Nightshift Supervisor, Production Supervisor, RUR Technician, Senior Technician, Shift Leader, Skilled Assembler/Finisher – L1, Skilled Assembler/Finisher – L2, Skilled Machinist – Level 1, Skilled Machinist – Level 2, Technician 2, Technician A&T, Trainer Assembler/Finisher and Trainer Machinist.

4) As the agreed bargaining unit differed from that proposed by the Union the Panel was required by paragraph 20 of Schedule A1 to the Act (the Schedule) to decide whether the Union’s application was invalid within the terms of paragraphs 43 to 50 of the Schedule. The Panel in a decision dated 19 April 2023 was satisfied that the application was not rendered invalid by any of the provisions in paragraphs 43 to 50 of the Schedule. In a letter from the Case Manager dated 19 April 2023, the Union was asked whether it claimed that a majority of workers constituting the bargaining unit were members of the Union. By an e-mail dated 25 April 2023 the Union said that it did not believe it had majority membership within the bargaining unit.

2. Issues

5) On 25 April 2023, the Panel, not satisfied that a majority of the workers constituting the bargaining unit were members of the Union, gave notice in accordance with paragraph 23(2) of the Schedule that a secret ballot would be held. The Panel also advised the parties that it would wait until the end of the notification period of ten working days, as specified in paragraph 24(5) of the Schedule, before arranging a secret ballot. The parties were also asked for their views on the form the ballot should take.

6) The notification period under paragraph 24(5) ended on 11 May 2023. The CAC was not notified by the Union or by both parties jointly that they did not want the ballot to be held, as per paragraph 24(2) of the Schedule.

3. Unions’ submissions on the form of ballot

7) In an e-mail dated 2 May 2023 the Union stated its preference for a workplace ballot. The Union said that it was important to have maximum participation from workers and that this would be less likely to happen if the ballot was done by post. The Union went on to say that it had discussed this with its members who have a workplace WhatsApp group, and the preference of the members was that the ballot should be held at the workplace. In a further e mail dated 3 May 2023 the Union added that a workplace ballot would see a bigger turnout which would give a more accurate understanding of what the workers want.

4. Employer’s submissions on the form of ballot

8) In an e-mail dated 4 May 2023 the Employer stated its preference for a postal ballot. The Employer explained that the working patterns of those within the bargaining unit were varied, both as to the days and the times worked because of the complex shift patterns in place.  Accordingly, a postal ballot would be both more practical and convenient for workers and less disruptive to production. In addition, the Employer said that a number of workers had already been subjected to undue pressure or influence being applied on them by a very small, but vocal, minority of workers in connection with the statutory recognition process (specifically, when asked to sign the petition prepared by the Union). As a result of this the Employer said that it considered that if the ballot was conducted at the workplace, there would be an increased likelihood of it being affected by unfairness or malpractice. Finally, the Employer stated that a postal ballot would make voting more convenient for those who were absent from work for whatever reason (whether that be annual leave or sickness leave).

5. Considerations

9) When determining the form of the ballot (workplace, postal or a combination of the two methods), the CAC must take into account the following considerations specified in paragraphs 25(5) and (6) of the Schedule:

(a) the likelihood of the ballot being affected by unfairness or malpractice if it were conducted at a workplace;

(b) costs and practicality;

(c) such other matters as the CAC considers appropriate.

10) The parties have put forward two different types of ballot for the Panel to consider. The Union have argued for a workplace ballot, whereas the Employer has submitted that the ballot should be a postal ballot.

11) The Panel has considered carefully the arguments of both parties and taken into account the considerations specified at paragraph 9 above:

(a) In the judgement of the Panel, besides the assertions by the Employer about alleged pressure and undue influence, there is no substantiating evidence to suggest that a workplace ballot would likely be affected by unfairness or malpractice.

(b) In the judgement of the Panel, a postal ballot would incur lower costs but the Panel noted that the differential between estimated costs for a postal ballot and the estimated costs of a workplace ballot is not significant. Further, when assessing the issue of practicality, the Panel has taken into account both the practical needs of workers in terms of accessibility and participation, and the practical needs of the Employer, in terms of the shift patterns at the workplace and the potential for a workplace ballot to disrupt commercial activity. It is the assessment of the Panel that a workplace ballot can be achieved at reasonable cost and can be managed in a way which would ensure shift patterns were managed appropriately and production is not materially impacted.

(c) No other considerations were deemed as appropriate.

6. Decision

12) The decision of the Panel is that the ballot should be a workplace ballot.

13) The name of the QIP appointed to conduct the ballot will be notified to the parties shortly as will the period within which the ballot is to be held.

Panel

Mrs Sarah Havlin, Panel Chair

Mr Kieran Grimshaw

Mrs Claire Sullivan

7 June 2023