Decision

Recognition Decision

Updated 24 May 2022

Applies to England, Scotland and Wales

Case Number: TUR1/1242(2021)

24 May 2022

CENTRAL ARBITRATION COMMITTEE

TRADE UNION AND LABOUR RELATIONS (CONSOLIDATION) ACT 1992

SCHEDULE A1 - COLLECTIVE BARGAINING: RECOGNITION

DECLARATION OF RECOGNITION

The Parties:

GMB

and

SGL Carbon Fibres Limited

1. Introduction

1) GMB (the Union) submitted an application to the CAC on 7 December 2021 that it should be recognised for collective bargaining by SGL Carbon Fibres Limited, (the Employer) for a bargaining unit comprising of “Salaried Paid Staff” (Sometimes referred to as “White Collared Workers” in SGL Carbon Terms, up to and including management). The Union confirmed the titles for these employees as Administrative/Supportive staff, Managerial staff and Specialist department staff. The location of the bargaining unit was given as Muir of Ord Industrial Estate, Great North Road, Muir of Ord, Ross-Shire, IV6 7UA. The CAC gave both parties notice of receipt of the application on 7 December 2021. The Employer submitted a response to the CAC dated 9 December 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, who was subsequently replaced by Ms Laura Prince, as Panel Chair and, as Members, Miss Kerry Holden and Mr Matt Smith OBE. The Case Manager appointed to support the Panel was Kaniza Bibi.

3) By a decision dated 13 January 2022 the Panel accepted the Union’s application. The parties then reached agreement as to the appropriate bargaining unit which comprised: 3 tiers of ‘Salaried Staff, Professional I/Clerical, Professional II/ Technical, Middle Management, based at Muir of Ord site.

4) As the agreed 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 22 March 2022 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 24 March 2022 the Panel, not satisfied that a majority of the workers constituting the bargaining unit were members of the Union, gave notice in accordance with paragraph 23(2) of the Schedule that a secret ballot would be held. 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) of the Schedule, before arranging a secret ballot. The parties were also asked for its views on what form the ballot should take

6) In an e-mail dated 30 March 2022 the Union stated its preference for a postal ballot. In an email dated 29 March 2022 the Employer also stated its preference was for a postal ballot.

2. The Ballot

7) Kanto Elect was appointed as QIP on 8 April 2022 to conduct the ballot and the parties were notified accordingly. The postal ballot papers were despatched on 27 April 2022 to be returned by no later than noon on 11 May 2022, the day that the ballot closed.

8) The QIP reported to the CAC on 11 May 2022 that out of 38 workers eligible to vote, 24 votes had been cast: no ballot papers were found to be spoilt. Sixteen (16) workers, that is 66.6% of those voting, had voted to support the proposal that the Union be recognised for the purposes of collective bargaining with the Employer. Eight (8) workers, that is 33.3% of those voting, voted to reject the proposal. The number of votes supporting the proposal as a percentage of the bargaining unit was 42.1%.

9) The CAC informed the Employer and the Union on 12 May 2022 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 “3 tiers of ‘Salaried Staff, Professional I/Clerical, Professional II/ Technical, Middle Management, based at Muir of Ord site”.

Panel

Ms Laura Prince

Miss Kerry Holden

Mr Matt Smith OBE

24 May 2022