Recognition Decision
Updated 22 October 2026
Applies to England, Scotland and Wales
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Case Number: TUR1/1601(2026)
22 October 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
John Pye & Sons
1. Introduction
1) GMB (the Union) submitted an application to the CAC on 13 August 2026 that it should be recognised for collective bargaining by John Pye and Sons (the Employer) for a bargaining unit comprising “Auctioneers, Forklift Drivers, Packers, Porters (all grades), Team Leaders and Technicians.” The location of the bargaining unit was given as “John Pye and Sons, Carriden Industrial Estate, Bridgeness Road, Bo’ness, EH51 9SJ.” The CAC gave both parties notice of receipt of the application on 14 August 2026. The Employer submitted a response to the CAC dated 19 August 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 Ms Susan Cox, Panel Chair, and, as Members, Mr Alistair Paton and Mr Matt Smith OBE. The Case Manager appointed to support the Panel was Joanne Curtis.
3) By a decision dated 21 September 2026 the Panel accepted the Union’s application. Following this decision, the parties reached agreement on the appropriate bargaining unit. The agreed bargaining unit was described as “Auction Porters, Auction Technicians and Team Leaders at the Bo’ness site. For the purposes of clarity this excludes agency workers, Data Wipe Technicians, Technical Team Leaders and Vehicles Auction Porters.” As the agreed bargaining unit was different from that proposed by the Union in its application, the Panel was required by paragraph 20 of the Schedule A1 to the Trade Union and Labour Relations (Consolidation) Act 1992 (the Schedule) to determine whether the Union’s application was invalid within the terms of paragraphs 43 to 50 of the Schedule. By a decision dated 6 October 2026 the Panel determined that the application was not invalid and that the CAC would proceed with the application.
2. Issues
4) The next stage of the procedure required the Panel to decide whether a majority of the workers in the bargaining unit are members of the Union. 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:
(a) The CAC is satisfied that a ballot should be held in the interests of good industrial relations.
(b) 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;
(c) 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. Paragraph 22(5) states that “membership evidence” 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 position
5) In a letter dated 6 October 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 email dated 7 October 2026, stated “I am responding to your letter to me dated 6th October and the attachment titled: Schedule A1 – Collective Bargaining: Recognition, Decision on Whether the Application is Valid Following Agreement on the Bargaining Unit. I note that at point 10 it states, “In the light of that, the Panel’s decision is that the application is not invalid, and that the CAC shall proceed with the application.” In addition to this, we believe that given the new members have recently joined our trade union who are employed at John Pye & Sons, and one member providing their job title, which was previously missing, we believe that we now hold the majority of membership and recognition should be granted without a ballot. Enclosed is an updated membership list which we believe encompasses the bargaining unit.”
4. Further membership check
6) In light of the comments made by the Union the Panel requested that a further membership check be undertaken to ascertain whether the Union had a majority of members in the bargaining unit. The Employer provided a list with a total of 25 workers in the bargaining unit. The Union provided a list of 17 union members. The number of union members in the bargaining unit was 13, a membership level of 52%. A report of the check was issued to the parties on 7 October 2026. The Employer was invited to comment on whether a majority of the workers in the bargaining unit were members of the Union and on the three qualifying conditions in paragraph 22(4) of the Schedule.
5. The Employer’s position
7) In an email dated 8 October 2026 the Employer said that assuming the membership information provided by the Union was correct a ballot would not be necessary. The Employer said it had no additional comments to make.
6. The Panel’s conclusions
8) As stated in paragraph 6 above, the membership check conducted by the Case Manager showed that 52% of the workers in the bargaining unit were members of the Union. The Panel is satisfied that this check provides an accurate representation of the level of union membership within the bargaining unit. The Employer did not seek to challenge the Union’s position that the majority of the workers in the bargaining unit were members of the Union. The Panel is satisfied that a majority of the workers in the bargaining unit are members of the Union
9) The Panel has considered carefully whether any of the qualifying conditions set out in paragraph 22(4) of the Schedule is fulfilled.
10) 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 not received any submissions or evidence to indicate that a ballot should be held in the interests of good industrial relations. The Panel is satisfied that this condition is not fulfilled.
11) 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 Panel has received no such evidence, and the Panel therefore concludes that this condition does not apply.
12) 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 therefore concludes that this condition does not apply.
13) 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.
14) 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 “Auction Porters, Auction Technicians and Team Leaders at the Bo’ness site. For the purposes of clarity this excludes agency workers, Data Wipe Technicians, Technical Team Leaders and Vehicles Auction Porters”
Panel
Ms Susan Cox, Panel Chair
Mr Alistair Paton
Mr Matt Smith OBE
22 October 2026