Recognition Decision
Updated 22 April 2026
Applies to England, Scotland and Wales
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Case Number: TUR1/1523(2026)
22 April 2026
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
Integrated Water Services (Mechanical and Electrical)
1. Introduction
1) GMB (the Union) submitted an application to the CAC on 3 February 2026 that it should be recognised for collective bargaining by Integrated Water Services (Mechanical and Electrical) (the Employer) for a bargaining unit comprising of “All direct labour staff, i.e. those that are eligible for overtime payments”. The CAC gave both parties notice of receipt of the application on 4 February 2026. The Employer submitted a response to the CAC dated 10 February 2026 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 Mr. Andrew James, Panel Chair, and, as Members, Mrs. Susan Jordan and Mr Nigel Cotgrove. The Case Manager appointed to support the Panel was Kaniza Bibi.
3) By its written decision dated 4 March 2026 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 1 April 2026 the parties notified the CAC that they had reached an agreement as to the appropriate bargaining unit and this was “Operational employees employed by Integrated Water Services (Mechanical and Electrical) whose roles are aligned to the Company’s established mechanical, electrical and workshop skills matrix. This includes relevant field based and workshop based operational roles covered by the skills matrix and excludes roles not aligned to that framework.” Both parties confirmed to the CAC that the bargaining unit was the same as the one originally proposed by the Union, albeit expressed in different terms.
2. Issues
4) Paragraph 22 of the Schedule A1 to the Act (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.
3. The Union’s claim to majority membership and submission that it should be recognised without a ballot
5) In an email dated 7 April 2026 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 an e-mail dated 13 April 2026, stated that it holds a majority of members in the agreed bargaining unit, and it submits that it should be recognised without a ballot.
4. Summary of the Employer’s response to the Union’s claim that it should be recognised without a ballot
6) The CAC copied the Union’s e-mail of 13 April 2026 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 in relation to the three qualifying conditions specified in paragraph 22(4) of the Schedule.
7) In its response email dated 14 April 2026 Employer stated, “Having reviewed the Union’s claim to majority membership and the qualifying conditions set out under paragraph 22(4) of Schedule A1 to the Trade Union and Labour Relations (Consolidation) Act 1992, the Company does not have any submissions to make in response”.
5. Considerations
8) The Schedule 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.
9) The membership and support check conducted on 17 February 2026 had shown the Employer listing a total of 42 workers. As stated in the acceptance decision dated 4 March 2026, the Union had provided a spreadsheet listing 28 union members. The number of union members in the proposed bargaining unit was 26, a membership level of 61.90%. Accordingly, the Panel accepts that the majority of workers in the bargaining unit are members of the Union.
10) The Panel has considered the correspondence received from 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.
Paragraph 22(4) (a)
11) The first condition is that the Panel is satisfied that a ballot should be held in the interests of good industrial relations. In this case neither party has submitted evidence that holding a secret ballot would be in the interests of good industrial relations. The Panel is therefore satisfied that this condition does not apply.
Paragraph 22(4) (b)
12) 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. The CAC has no such evidence, and this condition does not apply.
Paragraph 22(4) (c)
13) 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 this condition does not apply.
6. Declaration of recognition
14) 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 of “Operational employees employed by Integrated Water Services (Mechanical and Electrical) whose roles are aligned to the Company’s established mechanical, electrical and workshop skills matrix. This includes relevant field based and workshop based operational roles covered by the skills matrix and excludes roles not aligned to that framework.”
Panel
Mr Andrew James, Panel Chair
Mrs Susan Jordan
Mr Nigel Cotgrove
22 April 2026