Decision

Recognition Decision

Updated 16 February 2021

Applies to England, Scotland and Wales

Case Number: TUR1/1205 (2020)

16 February 2021

CENTRAL ARBITRATION COMMITTEE

TRADE UNION AND LABOUR RELATIONS (CONSOLIDATION) ACT 1992

SCHEDULE A1 - COLLECTIVE BARGAINING: RECOGNITION DECLARATION OF RECOGNITION WITHOUT A BALLOT

The Parties:

National Union of Journalists

and

JPI Media Publishing Limited

1. Introduction

1) The National Union of Journalists (the Union) submitted an application to the Central Arbitration Committee (the CAC) dated 23 December 2020 that it should be recognised for collective bargaining by JPI Media Publishing Limited (the Employer) for a bargaining unit comprising “All Local Democracy Reporters currently working for JPI Media Publishing Limited under the BBC-funded Local Democracy Reporting Service”. The application was received by the CAC on 23 December 2020. The CAC gave both parties notice of receipt of the application on 24 December 2020. The Employer submitted a response to the CAC dated 22 January 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 Chairman established a Panel to deal with the case. The Panel consisted of Mr. Stuart Robertson, Panel Chair, and, Miss Mary Canavan and Mr. Paul Noon OBE, Panel Members. The Case Manager appointed to support the Panel was Linda Lehan.

3) By its written decision dated 5 February 2021 the Panel accepted the Union’s application. In its response to the Union’s application the Employer confirmed that it agreed the Union’s proposed bargaining unit.

2. Issues

4) Paragraph 22 of 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:

(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 (or unions) 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 (or unions) 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.

5) A check conducted by the Case Manager of the level of Union membership in the agreed bargaining unit prior to the application being accepted, the result of which was reported to the Panel and parties on 27 January 2021, showed that 22 of the 33 workers in that unit were Union members, a membership level of 66.67%. In a letter to the parties dated 5 February 2021 the Case Manager informed them that the Panel was satisfied that a majority of workers in the agreed bargaining unit were members of the Union and invited the Employer to make submissions on the qualifying conditions set out in paragraph 4 above by 10 February 2021.

6) No comments were received from the Employer.

3. Considerations

7) As set out in paragraph 4 above, the Act requires the Panel to consider whether it is satisfied that the majority of the workers constituting the bargaining unit are members of the Union. If the Panel is satisfied that the majority of the workers constituting the bargaining unit are members of the Union, it must then decide if any of the three conditions in paragraph 22(4) is fulfilled. If the Panel considers that any of them is fulfilled it must give notice to the parties that it intends to arrange for the holding of a secret ballot.

8) As set out in paragraph 5 above, the Panel is satisfied that a majority of the workers constituting the bargaining unit are members of the Union. Paragraph 22(2) of the Schedule requires the CAC to issue a declaration that the Union is recognised where it is satisfied that a majority of the workers constituting the bargaining unit are members of the Union unless any of the three qualifying conditions set out in paragraph 22(4) is fulfilled.

4. Paragraph 22(4) (a)

9) 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 ballot would be in the interests of good industrial relations. The Panel is therefore satisfied that this condition does not apply.

5. Paragraph 22(4) (b)

10) 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.

6. Paragraph 22(4) (c)

11) 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.

7. Declaration of recognition

12) The Panel is satisfied in accordance with paragraph 22(1)(b) of the Schedule that the 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 are met. Pursuant to paragraph 22(2) of the Schedule, the CAC must 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 “All Local Democracy Reporters currently working for JPI Media Publishing Limited under the BBC-funded Local Democracy Reporting Service”.

Panel

Mr. Stuart Robertson, Panel Chair

Ms Mary Canavan

Mr. Paul Noon OBE

16 February 2021