Decision

Recognition Decision

Updated 27 October 2023

Applies to England, Scotland and Wales

Case Number: TUR1/1314(2023)

27 October 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

Don-Bur (Bodies & Trailers) Ltd

1. Introduction

1)         GMB (the Union) submitted an application to the CAC dated 29 March 2023 that it should be recognised for collective bargaining by Don-Bur (Bodies & Trailers) Ltd (the Employer) for a bargaining unit comprising “All hourly paid direct and indirect employees at Mossfield Road, Stoke-on-Trent ST3 5BW”.  The CAC gave both parties notice of receipt of the application on 30 March 2023.  The Employer submitted a response to the CAC dated 5 April 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 Lisa Gettins, Chair of the Panel and, as Members, Mr David Cadger and Mr Ian Hanson.  The Case Manager appointed to support the Panel was Kaniza Bibi.

3)         By a decision dated 23 May 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. As no agreement was reached, the parties were invited to supply the Panel with, and to exchange, written submissions relating to the question of the determination of the appropriate bargaining unit. A hearing was held on 18 July 2023 and subsequently a decision was issued on 7 August 2023 where the Panel determined that the appropriate bargaining unit was ““All hourly paid direct and indirect employees at Mossfield Road, Stoke-on-Trent ST3 5BW”. This was the bargaining unit as proposed by the Union as clarified at the hearing on 18 July 2023.

4)         On 7 August 2023, 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) of 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 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. 

5)         The notification period under paragraph 24(5) of the Schedule ended on 18 August 2023.  The CAC was not notified by both the parties that they did want a ballot to be held, as per paragraph 24(2). The parties were also asked for their views on the form the ballot should take place and both parties agreed for a combination workplace ballot.

6)         The Panel directed that Popularis Limited should be appointed as the Qualified Independent Person (QIP) to conduct the ballot.

2. The Ballot

7)         Popularis Limited was appointed as QIP on 22 September to conduct the ballot and the parties were notified accordingly.  The postal ballot papers were despatched on 9 October 2023, to be returned by no late that noon 20 October 2023. The workplace ballot took place on 18 October 2023 from 11am till 7pm at Don-Bur (Bodies & Trailers Ltd, Mossfield Road, Stoke-on-Trent ST3 5BW.

8)         The QIP reported to the CAC on 20 October 2023, that out of 314 workers eligible to vote, 293 ballot papers had been returned and one ballot paper was found to be spoilt. 57 workers, that is 20% of those voting, had voted to support the proposal that the Union be recognised for the purposes of collective bargaining on their behalf.  235 workers, that is 80% of those voting, voted to reject the proposal that the Union be recognised for the purposes of collective bargaining on their behalf.

9)         The CAC informed the Employer and the Union on 20 October 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 establishes that recognition of the Union is not supported by a majority of the workers voting and so, in accordance with paragraph 29(4) of the Schedule, the CAC declares that the Union is not recognised as entitled to conduct collective bargaining on behalf of the bargaining unit.

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

Panel

Mrs Lisa Gettins, Panel Chair

Mr David Cadger

Mr Ian Hanson

27 October 2023