Decision

Recognition Decision

Updated 23 May 2022

Applies to England, Scotland and Wales

Case Number: TUR1/1255(2022)

23 May 2022

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

(Cambus) - Stagecoach East

1. Introduction

1) Unite the Union (the Union) submitted an application to the CAC dated 1 March 2022 which was received on 2 March 2022 that it should be recognised for collective bargaining by (Cambus) - Stagecoach East (the Employer) for a bargaining unit comprising “Controllers, Inspectors, Supervisory and Admin Staff (including Engineering) at Cambridge, Fenstanton, Peterborough and Bedford.”. The CAC gave both parties notice of receipt of the application on 2 March 2022. The Employer submitted a response to the CAC on 8 March 2022 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 Ms Laura Prince, Panel Chair, and, as Members, Mrs Anna Berry and Mr Kieran Grimshaw. Mr Kieran Grimshaw was subsequently replaced as a member of the Panel by Mr Richard Fulham. The Case Manager appointed to support the Panel was Kaniza Bibi.

3) By a decision dated 28 March 2022 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. On 9 May 2022 the parties notified the CAC that they had reached an agreement as to the appropriate bargaining unit and this was “Controllers, Inspectors, Supervisory and Admin Staff (including Engineering) at Cambridge, Fenstanton, Peterborough and Bedford.” Both parties confirmed that this bargaining unit was as per the Union’s application and that there was no change.

2. Issues

4) Paragraph 22 of 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.

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.

3. The Union’s claim to majority membership and submission it should be recognised without a ballot

5) In a letter dated 6 May 2022 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 9 May 2022, confirmed that the majority of those in the recently agreed bargaining unit were in membership of the Union and that the precise level of membership stood at 75%.   For this reason, the Union believed that it should be granted recognition without the requirement of a ballot.

4. Summary of the Employer’s response to the Union’s claim that it should be recognised without a ballot

6) On 10 May 2022 the CAC copied the Union’s e-mail of 9 May 2022 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.

7) In its response dated 16 May 2022 the Employer stated that it would not be contesting the application.

5. Considerations

8) The Act 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.

9) The membership and support check conducted on 15 March 2022 had shown the Employer listing a total of 32 workers. As stated in the acceptance decision dated 28 March 2022, the Union had provided a spreadsheet listing 22 union members which concluded that 56.25% of the workers in the proposed bargaining unit were members of the Union. There was no change between the bargaining unit proposed by the Union and subsequently in an email dated 6 May 2022 both parties had agreed that the bargaining unit was as per the Unions application. Accordingly, the Panel accepts that the majority of workers in the bargaining unit are members of the Union.

10) The Panel has considered carefully the submissions of both parties and all the evidence 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)

11) 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)

12) 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)

13) 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

14) 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 “Controllers, Inspectors, Supervisory and Admin Staff (including Engineering) at Cambridge, Fenstanton, Peterborough and Bedford.”.

Panel

Ms Laura Prince, Panel Chair

Mrs Anna Berry

Mr Richard Fulham

23 May 2022