Recognition Decision
Updated 13 October 2025
Applies to England, Scotland and Wales
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Case Number: TUR1/1481(2025)
13 October 2025
CENTRAL ARBITRATION COMMITTEE
TRADE UNION AND LABOUR RELATIONS (CONSOLIDATION) ACT 1992
SCHEDULE A1 - COLLECTIVE BARGAINING: RECOGNITION
DECLARATION OF RECOGNITION WITHOUT A BALLOT
The Parties:
Unite the Union
and
BEAR Scotland Limited
1. Introduction
1) Unite the Union (the Union) submitted an application to the CAC dated 16 July 2025 that it should be recognised for collective bargaining purposes by BEAR Scotland Limited (the Employer) for a bargaining unit comprising “Road Worker, Road Maintenance, Storeman, Bridgeman and Electrical Supervisor.” The location of the bargaining unit was given as “Bear Scotland Limited, Bridgepoint Depot, 23a Longman Drive, Inverness, IV1 1SU.” The application was received by the CAC on 16 July 2025, and the CAC gave both parties notice of receipt of the application on 17 July 2025. The Employer submitted a response to the CAC dated 23 July 2025 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 Alan Bogg, Panel Chair, and, as Members, Mr Alistair Paton and Mr Stephen Jary. The Case Manager appointed to support the Panel was Joanne Curtis.
3) By a decision dated 18 August 2025 the Panel accepted the Union’s application. The parties then entered a period of negotiation in an attempt to reach agreement on the appropriate bargaining unit. As no agreement was reached, the parties were invited to supply the Panel with, and to exchange, written submissions relating to the question of the determination of the appropriate bargaining unit. A hearing was held via zoom on 18 September 2025 and on 25 September 2025 the Panel issued a decision that the appropriate bargaining unit was “Road Workers, located at Bear Scotland Limited, Bridgepoint Depot, 23a Longman Drive, Inverness, IV1 1SU.” The CAC Panel now has to decide whether a majority of the workers in the bargaining unit are members of the Union.
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:
(i) the CAC is satisfied that a ballot should be held in the interests of good industrial relations.
(ii) 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.
(iii) 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.
5) Paragraph 22(5) provides that “membership evidence” for these purposes 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.
The Union’s claim to majority membership and submission that it should be recognised without a ballot
6) In a letter dated 25 September 2025 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 e mail dated 25 September 2025, stated “I can confirm that Unite’s position is that it has majority membership within the bargaining unit, and I would therefore ask the CAC to grant recognition without a ballot.
Even Bear Scotland has agreed there is only 23 road workers in total, and we have 15 and soon to have more.”
Summary of the Employer’s response to the Union’s claim that it should be recognised without a ballot
7) On 25 September 2025 the CAC copied the Union’s e mail of 25 September 2025 to the Employer and invited the Employer to make submissions in relation to the Union’s claim that it had majority membership within the bargaining unit and in relation to the three qualifying conditions specified in paragraph 22(4) of the Schedule.
8) In its response dated 26 September 2025 the Employer stated, “BEAR respects the CAC’s decision on the definition of the bargaining unit. We also have no reason to challenge Unite the Union’s position that they have majority membership within the bargaining unit, however we would like to get updated information confirming this (ideally employees who have been included). Our reasoning for this request is that the numbers have changed over the period of discussions.”
3. Membership and support check
9) In light of the comments made by the Employer in paragraph 8 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 23 workers in the bargaining unit. The Union provided a list of 16 union members. The number of union members in the bargaining unit was 16, a membership level of 69.57%. A report was issued to the parties on 6 October 2025. The Employer was invited to comment on whether a majority of the workers in the bargaining unit were members of the Union and the three qualifying conditions, as specified in paragraph 22(4) of the Schedule.
4. Comments on the membership and support check
10) In an e mail dated 7 October 2025 the Union said, “we have been in discussions with Iain at BEAR Scotland and are cautiously optimistic that he will accept the CAC recognition request without dispute as this has been intimated to us in our correspondence.” The Union said that it was also under the impression from what the Employer had said to them “that BEAR Scotland will not demand a ballot in relation to Unite’s CAC application for recognition.”
11) In an e mail dated 8 October 2025 the Employer said: “Thank you for completing the membership check and confirming that Unite do have a majority membership in the determined bargaining unit. As highlighted in an earlier e-mail, with specific request to pause the CAC decision on the recognition outcome, I can confirm that BEAR and Unite have been seeking to reach an agreement outside of the statutory process. Both parties are seeking to agree that Unite is recognised to negotiate on pay, hours and holidays for those members defined in the unit. For the avoidance of doubt, we do not intend to oppose or argue any of the conditions for holding a ballot as outlined in your letter.”
12) It is important to note at this stage that the Panel has not received any request from the Union to pause the statutory recognition process at such a late stage instead the Union have intimated that the Employer would accept the recognition granted by the CAC without dispute or seeking to argue any of the conditions for holding a ballot.
5. Considerations
13) The Schedule requires the Panel to consider whether it is satisfied that a majority of the workers constituting the bargaining unit are members of the Union. If the Panel is satisfied that a majority of the workers constituting the bargaining unit are members of the Union, it must declare the Union to be recognised as entitled to conduct collective bargaining on behalf of the workers constituting the bargaining unit unless it decides that any of the three qualifying conditions set out in paragraph 22(4) is fulfilled. If the Panel considers that any of those specific conditions is fulfilled, it must give notice to the parties that it intends to arrange for the holding of a secret ballot.
14) The most recent membership and support check conducted on 6 October 2025 had shown the Employer listing a total of 23 workers, in the bargaining unit. The Union had provided a list of 16 union members. The number of union members in the proposed bargaining unit was 16, a membership level of 69.57%. Accordingly, the Panel accepts that the majority of workers in the bargaining unit are members of the Union.
15) The Panel has carefully considered in reaching its decision as to whether any of the qualifying conditions laid down in paragraph 22(4) of the Schedule is fulfilled.
Paragraph 22(4) (a)
16) 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 secret ballot would be in the interests of good industrial relations. The Panel is therefore satisfied that this condition does not apply.
Paragraph 22(4) (b)
17) 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.
Paragraph 22(4) (c)
18) 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.
6. Declaration of recognition
19) The Panel is satisfied in accordance with paragraph 22(1)(b) of the Schedule that a 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 is met. 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. 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 “Road Workers, located at Bear Scotland Limited, Bridgepoint Depot, 23a Longman Drive, Inverness, IV1 1SU.”
Panel
Professor Alan Bogg, Panel Chair
Mr Alistair Paton
Mr Stephen Jary
13 October 2025