Decision

Recognition Decision

Updated 13 July 2021

Applies to England, Scotland and Wales

Case Number: TUR1/1216(2021)

12 July 2021

CENTRAL ARBITRATION COMMITTEE

TRADE UNION AND LABOUR RELATIONS (CONSOLIDATION) ACT 1992

SCHEDULE A1 - COLLECTIVE BARGAINING: RECOGNITION DECLARATION OF RECOGNITION

The Parties:

GMB

and

Grissan Carrick Limited

1. Introduction

1) GMB (the Union) submitted an application to the CAC dated 20 March 2021 that it should be recognised for collective bargaining purposes by Grissan Carrick Limited (the Employer) in respect of a bargaining unit comprising “Everyone employed by Grissan Carrick Limited excluding the Site Leader, Maintenance Team Leader and the two Process Team Leaders (the bargaining unit).” The location of the bargaining unit was given as “Grangestone Industrial Estate, Ladywell Avenue, Girvan, Ayrshire, Scotland, KA26 9PT.” The application was received by the CAC on 22 March 2021 and the CAC gave both parties notice of receipt of the application the same day. The Employer submitted a response to the CAC dated 29 March 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 Professor Kenneth Miller, Panel Chair, and, as Members, Mr Tom Keeney and Mr Steve Gillan. The Case Manager appointed to support the Panel was Kate Norgate.

3) By a decision dated 19 April 2021 the Panel accepted the Union’s application. In its response to the Union’s application the Employer agreed that the Union’s proposed bargaining unit was an appropriate bargaining unit. The Panel therefore moved to the next stage in the statutory process.

2. Issues

4) On 19 April 2021, the Panel, satisfied that a majority of the workers constituting the bargaining unit were not members of the Union, gave notice in accordance with paragraph 23(2) 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), before arranging a secret ballot. The parties were also asked for their views on the form the ballot should take. The notification period elapsed without the Union, or the Union and the Employer jointly, informing the CAC that a ballot was not required.

5) The parties did not agree on the type of ballot to be held; the Union favoured a workplace ballot, the Employer a postal ballot. In a decision dated 7 May 2021 the Panel informed the parties that, having considered the views of the parties and the factors specified in paragraph 25(5) of the Schedule, it had decided that a postal ballot was the most appropriate. The parties reached an agreement on the Union’s access during the balloting period and the Panel subsequently directed that Kanto Elect should be appointed as the Qualified Independent Person (QIP) to conduct the ballot.

3. The Ballot

6) The QIP was appointed on 4 June 2021 and the parties were notified accordingly. The postal ballot papers were dispatched on 21 June 2021 to be returned to the QIP by no later than noon on 2 July 2021.

7) The QIP reported to the CAC on 2 July 2021 that, of the 17 workers eligible to vote, fourteen (14) ballot papers had been returned; there were no spoilt papers. Eleven (11) workers, that is 78.57% of those voting, had voted to support the proposal that the Union be recognised for the purposes of collective bargaining with the Employer. Three (3) workers, that is 21.43% of those voting, voted to reject the proposal. The number of votes supporting the proposal as a percentage of the bargaining unit was 64.70%.

8) The CAC informed the Employer and the Union on 5 July 2021 of the result of the ballot in accordance with paragraph 29(2) of the Schedule.

4. Declaration of Recognition

9) The ballot establishes that a majority of the workers voting, and at least 40% of the workers constituting the bargaining unit, support the proposal that the Union should be recognised by the Employer for the purpose of conducting collective bargaining in respect of the bargaining unit. This satisfies the conditions under which the CAC must issue a declaration in favour of recognition in accordance with paragraph 29(3) of the Schedule.

10) 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:

“Everyone employed by Grissan Carrick Limited excluding the Site Leader, Maintenance Team Leader and the two Process Team Leaders (the bargaining unit)”.

Panel

Professor Kenneth Miller, Panel Chair

Mr Tom Keeney

Mr Steve Gillan

12 July 2021