Decision

Recognition Decision

Updated 21 July 2025

Applies to England, Scotland and Wales

Case Number: TUR1/1447(2025)

21 July 2025

CENTRAL ARBITRATION COMMITTEE

TRADE UNION AND LABOUR RELATIONS (CONSOLIDATION) ACT 1992

SCHEDULE A1 - COLLECTIVE BARGAINING: RECOGNITION

DECLARATION OF RECOGNITION

The Parties:

Unite the Union

and

Culina Logistics Limited

1. Introduction

1)         Unite (the Union) submitted an application to the CAC dated 17 January 2025 that it should be recognised for collective bargaining purposes by Culina Logistics Limited (the Employer) for a bargaining unit comprising “all warehouse operatives (currently referred to as General Warehouse Operatives and Warehouse Operatives) working at the Culina Logistics Warehouse at the Port of Tilbury (Culina Logistics Ltd, Berth 45, Port of Tilbury, Tilbury, Essex RM18 7EH).” The location of the bargaining unit was given as “Culina Logistics Ltd, Berth 45, Port of Tilbury, Tilbury, Essex RM18 7EH.” The application was received by the CAC on 17 January 2025, and the CAC gave both parties notice of receipt of the application that same day.  The Employer submitted a response to the CAC dated 24 January 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 Mr Rohan Pirani, Panel Chair, and, as Members, Mr David Cadger and Mr Steve Gillan. The Case Manager appointed to support the Panel was Joanne Curtis.

3)         By a decision dated 3 March 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. On 31 March 2025 the parties notified the CAC that they had reached an agreement as to the appropriate bargaining unit and that this was “Warehouse Operatives, General Warehouse Operatives and Hygiene operatives.” As the agreed bargaining unit 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 16 April 2025 the Panel determined that the application was not invalid, and that the CAC would proceed with the application.

4)         On 16 April 2025, the Panel, not being 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 it intended to arrange for the holding of  a secret ballot in which the workers constituting the bargaining unit would be asked whether they wanted the Union to conduct collective bargaining on their behalf. The parties were advised that the Panel would wait until the end of the notification period,^{[footnote 1]}as specified in paragraphs 24(2) to (7) of the Schedule, before arranging for the holding of a ballot. The parties were also asked for their views on the form the ballot should take.

5)         The notification period described in the preceding paragraph elapsed without the Union, or the Union and the Employer jointly, informing the CAC that a ballot was not required.

6)       In an email to the CAC Manager dated 17 April 2025 the Union stated that it would prefer a workplace ballot. In an email dated 25 April 2025 the Employer said that it would prefer a postal ballot. The Panel considered the submissions from both parties and in a decision dated 12 May 2025 said the ballot should be a postal ballot.

2. The Ballot

7)         On 16 June 2025 Civica was appointed as the Qualified Independent Person (QIP) to conduct the ballot, and the parties were notified accordingly. The postal ballot papers were dispatched on 27 June 2025 to be returned to the QIP by no later than Noon on 11 July 2025.

8)         The QIP reported to the CAC on 11 July 2025 that, of the 304 workers eligible to vote, 150 ballot papers had been returned. 150 workers, that is 100% of those voting, had voted to support the proposal that the Union be recognised for the purposes of collective bargaining with the Employer. No workers voted to reject the proposal.  The number of votes supporting the proposal as a percentage of the bargaining unit was 49.3%.

9)         The CAC informed the Employer and the Union on 16 July 2025 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 accordingly declares that the Union is recognised by the Employer as entitled to conduct collective bargaining on behalf of the bargaining unit comprising “Warehouse Operatives, General Warehouse Operatives and Hygiene operatives, working at the Culina Logistics Warehouse at the Port of Tilbury (Culina Logistics Ltd, Berth 45, Port of Tilbury, Tilbury, Essex RM18 7EH).”

Panel

Mr Rohan Pirani, Panel Chair

Mr David Cadger

Mr Steve Gillan

21 July 2025

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1. The “notification period”, in relation to notification by the union, is the period of 10 working days starting with the day on which the union receives the CAC’s notice under paragraph 23(2) or such longer period as the CAC may specify; in relation to notification by the unions and the employer, the period of 10 working days starting with the day on which the last of the parties receives the CAC’s notice or such longer period as the CAC may specify: paragraph 24(5),(6). ↩