Decision

Recognition Decision

Updated 15 May 2019

Case Number: TUR1/1072/2018

14 May 2019

CENTRAL ARBITRATION COMMITTEE

TRADE UNION AND LABOUR RELATIONS (CONSOLIDATION) ACT 1992

SCHEDULE A1 - COLLECTIVE BARGAINING: RECOGNITION

DECLARATION OF RECOGNITION

The Parties:

GMB

and

The Net a Porter Group Ltd

1. Introduction

1) GMB (the Union) submitted an application dated 9 October 2018 to the CAC that it should be recognised for collective bargaining purposes by The Net a Porter Group Ltd (the Employer) in respect of a bargaining unit comprising “Distribution Assistants excluding First Line Managers , Shift Managers, Drivers and agency staff.” The location of the bargaining unit was given as “Unit One, Net a Porter, Charlton Distribution Centre, Charlton Gate Business Park, Anchor and Hope Lane, SE7 7RU.” The application was received by the CAC on 10 October 2018 and the CAC gave both parties notice of receipt of the application on 10 October 2018. The Employer submitted a response to the CAC on 17 October 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 Mr James Tayler, Panel Chair, and, as Members, Ms Judy McKnight CBE and Mr Nicholas Caton. The Case Manager appointed to support the Panel was Kate Norgate. Ms McKnight was replaced as Panel Member by Ms Gail Cartmail owing to Ms McKnight’s retirement from the CAC on 31 March 2019.

3) By a decision dated 29 November 2018 the Panel accepted the Union’s application. Following this decision the parties then reached agreement on the appropriate bargaining unit. The agreed bargaining unit was identified as “The ‘Distribution Department’ at Net A Porter, DC1, Charlton Gate Business Park, Anchor and Hope Lane, Charlton, SE7 7RU, excluding First Line Managers, Shift Managers, Drivers and agency staff. The ‘Distribution Department’ includes the following job titles: Distribution Assistant; Quality Assurer; Helpdesk; Consumables Assistant; RTV Co-ordinator; Seamstress; Stores Coordinator; Senior Materials Coordinator”.

4) As the appropriate bargaining unit determined by the Panel 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 11 February 2019 the Panel determined that the application was not invalid and that the CAC would proceed with the application.

5) On 12 February 2019, the Panel, satisfied that a majority of the workers constituting the bargaining unit were not members of the Union, gave notice in accordance with paragraph 23(2) 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), before arranging a secret ballot. The parties were also asked for their views on the form the ballot should take.

6) Both parties were in agreement on the type of ballot to be conducted and in a letter dated 21 February 2019, in accordance with paragraph 25(4) of the Schedule, the Panel conveyed to the parties 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. The parties were able to reach agreement as to access and the CAC was notified accordingly.

2. The Ballot

7) Mi-Voice was appointed as QIP on 5 April 2019 to conduct the ballot and the parties were notified accordingly. The Employer provided a list of the names and addresses of workers in the bargaining unit to the CAC which was passed to the QIP. The workplace ballot took place on 1 May 2019, 2 May 2019 and 7 May 2019. The postal ballot papers were dispatched on 24 April 2019 to be returned to the QIP by no later than noon on 8 May 2019.

8) The QIP reported to the CAC on 8 May 2019 that, of the 245 workers eligible to vote, one hundred and eighty nine (189) ballot papers had been returned. Three (3) ballot papers were found to be spoilt. One hundred and forty nine (149) workers (80.1% of the valid vote) had voted to support the proposal that the Union should be recognised for the purposes of collective bargaining with the Employer. Thirty Seven (37) workers (19.9% of the valid vote) had voted to reject the proposal. The proportion of workers constituting the bargaining unit who supported the proposal was 60.8%.

9) The CAC informed the Employer and the Union on 8 May 2019 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 ‘Distribution Department’ at Net A Porter, DC1, Charlton Gate Business Park, Anchor and Hope Lane, Charlton, SE7 7RU, excluding First Line Managers, Shift Managers, Drivers and agency staff. The ‘Distribution Department’ includes the following job titles: Distribution Assistant; Quality Assurer; Helpdesk; Consumables Assistant; RTV Co-ordinator; Seamstress; Stores Coordinator; Senior Materials Coordinator”.

Panel

Mr James Tayler, Chairman of the Panel

Ms Gail Cartmail

Mr Nicholas Caton

14 May 2019