Decision

Recognition Decision

Updated 14 January 2022

Applies to England, Scotland and Wales

Case Number: TUR1/1219/2021

14 January 2022

CENTRAL ARBITRATION COMMITTEE

TRADE UNION AND LABOUR RELATIONS (CONSOLIDATION) ACT 1992

SCHEDULE A1 - COLLECTIVE BARGAINING: RECOGNITION DECLARATION OF RECOGNITION WITHOUT A BALLOT

The Parties:

GMB

and

Eddie Stobart

1. Introduction

1) GMB (the Union) submitted an application to the Central Arbitration Committee (the CAC) dated 16 April 2021 that it should be recognised for collective bargaining purposes by Eddie Stobart (the Employer) in respect of a bargaining unit comprising “Eddie Stobart employees based at the Crown Bevcan Warehouse in Braunstone Leicestershire.” The location of the bargaining unit was given as “The Crown Bevcan Warehouse, Leicester, LE3 1TX.” The application was received by the CAC on 19 April 2021 and the CAC gave both parties notice of receipt of the application by a letter of the same date. The Employer submitted a response to the CAC dated 28 April 2021 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 Mr Rohan Pirani, Panel Chair, and, as Members, Mr Robert Lummis and Mr Nicholas Childs. The Case Manager appointed to support the Panel was Kate Norgate.

3) By a decision dated 17 June 2021 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 2021 the Panel decided, by a decision dated 29 October 2021, that the appropriate bargaining unit was “Employees employed by Eddie Stobart Limited in its warehouse at Braunstone, Leicester, LE3 1TX, who were: (i) Warehouse Operatives; (ii) Warehouse Packing Sorters; (iii) Warehouse Loaders; and (iv) Warehouse Hygienists.”

4) As the determined bargaining unit differed from that proposed by the Union in its application, the Panel was required by paragraph 20 of Schedule A1 to the Act (the Schedule) to decide whether the Union’s application was valid or invalid within the terms of paragraphs 43 to 50 of the Schedule. By a decision dated 20 December 2021 the Panel determined that the application was valid for the purposes of paragraph 20 and that the CAC would therefore proceed with the application.

2. Issues

5) Paragraph 22 of the Schedule provides that, if the CAC is satisfied that a majority of the workers constituting the bargaining unit are members of the union, it must issue a declaration of recognition under paragraph 22(2) unless any of the three qualifying conditions specified in paragraph 22(4) applies. Paragraph 22(3) requires the CAC to hold a ballot even where it has found that a majority of workers constituting the bargaining unit are members of the union if any of these qualifying conditions is fulfilled. The three qualifying conditions are:

(i) the CAC is satisfied that a ballot should be held in the interests of good industrial relations;

(ii) the CAC has evidence, which it considers to be credible, from a significant number of the union members within the bargaining unit that they do not want the union (or unions) to conduct collective bargaining on their behalf;

(iii) membership evidence is produced which leads the CAC to conclude that there are doubts whether a significant number of the union members within the bargaining unit want the union (or unions) to conduct collective bargaining on their behalf.

Paragraph 22(5) provides that “membership evidence” for these purposes is:

(a) evidence about the circumstances in which union members became members, or

(b) evidence about the length of time for which union members have been members, in a case where the CAC is satisfied that such evidence should be taken into account.

6) In a letter dated 20 December 2021 the Union was asked by the CAC whether it claimed majority membership within the bargaining unit and, if so, whether it submitted that it should be granted recognition without a ballot. The Union, in e-mails dated 23 December 2021, claimed to have majority membership, and stated that it should therefore be granted recognition without a ballot.

7) On 23 December 2021 the CAC copied the Union’s e-mails of 23 December 2021 to the Employer and invited the Employer to make submissions in relation to the Union’s claim that it had majority membership within the bargaining unit and the three qualifying conditions specified in paragraph 22(4) of the Schedule.

8) No comments submissions were made by the Employer.

3. Considerations

9) The Act requires the Panel to consider whether it is satisfied that a majority of the workers constituting the bargaining unit are members of the Union. If the Panel is satisfied that a majority of the workers constituting the bargaining unit are members of the Union, it must declare the Union to be recognised as entitled to conduct collective bargaining on behalf of the workers constituting the bargaining unit unless it decides that any of the three qualifying conditions set out in paragraph 22(4) is fulfilled. If the Panel considers that any of those specific conditions is fulfilled it must give notice to the parties that it intends to arrange for the holding of a secret ballot.

10) The membership check issued by the Case Manager on 16 November 2021, described in paragraphs 7 - 9 of the validity decision dated 20 December 2021, showed that 55.27% of the workers in the bargaining unit were members of the Union. The Panel is satisfied that this check was conducted properly and impartially and, in the absence of evidence to the contrary, that a majority of the workers in the bargaining unit are members of the Union.

11) The Panel has considered carefully the submissions of both parties and all the evidence in reaching its decision as to whether any of the qualifying conditions laid down in paragraph 22(4) of the Schedule is fulfilled.

12) The first condition is that the Panel is satisfied that a ballot should be held in the interests of good industrial relations. The Panel has considered the submissions put forward by the Employer and has concluded that it is not satisfied that a ballot should be held in the interests of good industrial relations. No evidence has been put before the Panel to show how industrial relations would be detrimentally affected if it were to award recognition without holding a ballot. The Panel has therefore concluded that this condition has not been satisfied.

13) The second condition is that the CAC has evidence, which it considers to be credible, from a significant number of the union members within the bargaining unit that they do not want the union to conduct collective bargaining on their behalf. No such evidence has been produced and the Panel has therefore concluded that this condition has not been satisfied.

14) The third condition is that membership evidence is produced which leads the CAC to conclude that there are doubts whether a significant number of the union members within the bargaining unit want the Union to conduct collective bargaining on their behalf. No such evidence has been produced and the Panel has therefore concluded that this condition has not been satisfied.

4. Declaration of recognition

15) The Panel is satisfied in accordance with paragraph 22(1)(b) of the Schedule that a majority of the workers constituting the bargaining unit are members of the Union. The Panel is satisfied that none of the conditions in paragraph 22(4) of the Schedule is met. Pursuant to paragraph 22(2) of the Schedule, the CAC must therefore issue a declaration that the Union is recognised as entitled to conduct collective bargaining on behalf of the workers constituting the bargaining unit. The CAC accordingly declares that the Union is recognised by the Employer as entitled to conduct collective bargaining on behalf of the bargaining unit comprising “Employees employed by Eddie Stobart Limited in its warehouse at Braunstone, Leicester, LE3 1TX, who were: (i) Warehouse Operatives; (ii) Warehouse Packing Sorters; (iii) Warehouse Loaders; and (iv) Warehouse Hygienists.”

Panel

Mr Rohan Pirani, Panel Chair

Mr Robert Lummis

Mr Nicholas Childs

14 January 2022