Recognition Decision
Updated 21 September 2018
© Crown copyright 2018
This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: psi@nationalarchives.gov.uk.
Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned.
This publication is available at https://www.gov.uk/government/publications/cac-outcome-gmb-katmex-limited/recognition-decision
Case Number: TUR1/1051(2018)
21 September 2018
CENTRAL ARBITRATION COMMITTEE
TRADE UNION AND LABOUR RELATIONS (CONSOLIDATION) ACT 1992
SCHEDULE A1 - COLLECTIVE BARGAINING: RECOGNITION DECLARATION OF RECOGNITION
The Parties:
GMB
and
Katmex Limited
1. Introduction
1) The GMB (the Union) submitted an application to the CAC which was received on 8 May 2018 that it should be recognised for collective bargaining by Katmex Limited (the Employer) for a bargaining unit comprising “All hourly paid employees up to and excluding Team Leaders, Office Staff, Managers and Personal Contract holders”. The CAC gave both parties notice of receipt of the application on 9 May 2018. The Employer submitted a response to the CAC dated 15 May 2018 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 Kenny Miller, Panel Chair, and, as Members, Mrs Maureen Chambers and Mr Paul Gates OBE. The Case Manager appointed to support the Panel was Nigel Cookson.
3) By a decision dated 11 June 2018 the Panel accepted the Union’s application. As this was an application brought under paragraph 12(4) of Schedule A1 to the Act in that before the end of the second period defined in paragraph 10(7) the parties agreed a bargaining unit but not that the Union was to be recognised as entitled to conduct collective bargaining on behalf of the unit, the Panel moved immediately to the question as to whether or not a secret ballot should be held.
4) On 11 June 2018 the Panel, not being satisfied that a majority of the workers constituting the agreed 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.
5) The notification period under paragraph 24(5) and 24(6) of the Schedule ended on 22 June 2018. 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 Postal ballot should take place. This decision was made in accordance with paragraph 25(4) of the Schedule and the parties were informed accordingly.
2. The Ballot
6) Popularis was appointed as QIP on 17 August 2018 to conduct the ballot and the parties were notified accordingly. The postal ballot papers were despatched on 4 September 2018 to be returned by no later than noon on 17 September 2018, the day that the ballot closed.
7) The QIP reported to the CAC on 17 September 2018 that out of 114 workers eligible to vote, 92 ballot papers had been returned: no ballot papers were found to be spoilt. Eighty-eight (88) workers, that is 95.65% of those voting, had voted to support the proposal that the Union be recognised for the purposes of collective bargaining with the Employer. Four (4) workers, that is 4.35% of those voting, voted to reject the proposal. The number of votes supporting the proposal as a percentage of the bargaining unit was 77%.
8) The CAC informed the Employer and the Union on 17 September 2018 of the result of the ballot in accordance with paragraph 29(2) of the Schedule.
3. 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 declares that the Union is recognised by the Employer as entitled to conduct collective bargaining on behalf of the bargaining unit comprising “All hourly paid employees up to and excluding Team Leaders, Office Staff, Managers and Personal Contract holders”.
Panel
Professor Kenny Miller, Panel Chair
Mrs Maureen Chambers
Mr Paul Gates OBE
21 September 2018