Decision

Recognition Decision

Updated 1 October 2021

Applies to England, Scotland and Wales

Case Number: TUR1/1206(2021)

1 October 2021

CENTRAL ARBITRATION COMMITTEE

TRADE UNION AND LABOUR RELATIONS (CONSOLIDATION) ACT 1992

SCHEDULE A1 - COLLECTIVE BARGAINING: RECOGNITION DECLARATION OF RECOGNITION

The Parties:

GMB

and

Fablink Tank Systems Limited

1. Introduction

1) The GMB (the Union) submitted an application to the Central Arbitration Committee (the CAC) dated 29 January 2021 that it should be recognised for collective bargaining by Fablink Tank Systems Ltd (the Employer) for a bargaining unit comprising “All hourly paid employees up to and including Team Leaders but excluding Supervisors, Office Staff, Managers and Personal Contract Holders”. The location of the bargaining unit was given as “Evenwood Plant, Evenwood, Bishop Auckland, County Durham DL14 9NJ”. The application was received by the CAC on 29 January 2021 and the CAC gave both parties notice of receipt of the application on the same day. The Employer submitted a response to the CAC dated 2 February 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 Chair established a Panel to deal with the case. The Panel consisted of Professor Kenny Miller, Panel Chair, and, as Members, Mr Sean McIlveen and Ms Virginia Branney. Mr Matt Smith OBE replaced Ms Branney as a member of the Panel following Ms Branney’s term of office having come to an end. The Case Manager appointed to support the Panel was Linda Lehan.

3) By its written decision dated 12 February 2021 the Panel accepted the Union’s application. Following this decision the parties were unable to reach agreement as to the appropriate bargaining unit. Both 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 to determine the appropriate bargaining unit was held via zoom on 11 May 2021. In a decision dated 7 June 2021 the Panel decided that the appropriate bargaining unit was “all hourly paid employees up to and including Team Leaders but excluding Supervisors, Office Staff, Managers and Personal Contract Holders located at the Company’s two plant sites at Evenwood and Tursdale”. This bargaining unit differed from that proposed by the Union by the inclusion of the hourly paid employees at the Employer’s site at Tursdale.

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 25 June 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.

5) On 25 June 2021 the Panel, not being satisfied that a majority of the workers constituting the determined bargaining unit were 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. 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) and 24(6), 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) and 24(6) of the Schedule ended on 9 July 2021. 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). The Panel, having considered the parties’ views decided that a Combination ballot should take place, that is a workplace ballot with a postal element for those workers known in advance to be absent from the workplace on the day of the ballot. This decision was made in accordance with paragraph 25(4) of the Schedule and the parties were informed accordingly.

2. The Ballot

7) UK Engage was appointed as QIP on 27 August 2021 to conduct the ballot and the parties were notified accordingly. The postal ballot papers were despatched on 14 September 2021 to be returned by no later than noon on 27 September 2021, the day that the ballot closed. The workplace ballot took place at the Evenwood site between the hours of 12 noon and 4 p.m. and between 10 p.m. and 10:30 p.m. on 23 September 2021 and between 12 noon and 1 p.m. at the Tursdale site on 24 September 2021.

8) The QIP reported to the CAC on 27 September 2021 that out of 158 workers eligible to vote, 125 ballot papers had been returned: no ballot papers were found to be spoilt. Eighty-seven (87) workers, that is 70% of those voting, had voted to support the proposal that the Union be recognised for the purposes of collective bargaining with the Employer. Thirty-eight (38) workers, that is 30% of those voting, voted to reject the proposal. The number of votes supporting the proposal as a percentage of the bargaining unit was 55%.

9) The CAC informed the Employer and the Union on 28 September 2021 of the result of the ballot in accordance with paragraph 29(2) of the Schedule.

3. Declaration of Recognition

10) 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.

11) The CAC declares that the Union is recognised by the Employer as entitled to conduct collective bargaining on behalf of the bargaining unit comprising the “all hourly paid employees up to and including Team Leaders but excluding Supervisors, Office Staff, Managers and Personal Contract Holders located at the Company’s two plant sites at Evenwood and Tursdale”.

Panel

Professor Kenny Miller, Panel Chair

Mr Sean McIlveen

Mr Matt Smith OBE

1 October 2021