Decision

Recognition Decision

Updated 24 October 2018

Case Number: TUR1/1038(2018)

24 October 2018

CENTRAL ARBITRATION COMMITTEE

TRADE UNION AND LABOUR RELATIONS (CONSOLIDATION) ACT 1992 SCHEDULE A1 - COLLECTIVE BARGAINING: RECOGNITION DECLARATION THAT THE UNION IS NOT ENTITLED TO BE RECOGNISED

The Parties:

Unite the Union

and

Eddie Stobart Limited

1. Introduction

1) Unite the Union (the Union) submitted an application to the CAC dated 5 March 2018 that it should be recognised for collective bargaining purposes by Eddie Stobart Limited (the Employer) for a bargaining unit described as: “All LGV Drivers employed at the 3 locations listed”. The listed locations were:

Eddie Stobart Lillyhall, Branthwaite Road, Lillyhall Industrial Estate, Workington, CA14 4ED

Eddie Stobart Carlisle Truckstop, Kingstown Trading Estate, Carlisle, CA3 0JR

Eddie Stobart Penrith Truckstop, Penrith Industrial Estate, Penrith, Cumbria, CA11 9EH”

The application was received by the CAC on 5 March 2018 and the CAC gave both parties notice of receipt of the application that day. The Employer submitted a response to the CAC dated 12 March 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 Professor Gillian Morris, Panel Chair, and, as Members, Ms Virginia Branney and Mr Tom Keeney. The Case Manager initially appointed to support the Panel was Sharmin Khan who was subsequently replaced by Linda Lehan.

3) By a decision dated 13 April 2018 the Panel accepted the Union’s application. Following this decision, at the request of both parties, an informal meeting was held with the CAC Panel Chair and the Case Manager at which the parties reached agreement that the Union’s proposed bargaining unit was an appropriate bargaining unit.

4) On 11 May 2018, the Panel, not being satisfied that a majority of the workers constituting the agreed bargaining unit were members of the Union, gave notice pursuant to paragraph 23(2) of Schedule A1 to the Act (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 of ten working days, as specified in paragraph 24, before arranging for the holding of the ballot. The notification period elapsed without the Union, or the Union and the Employer jointly, informing the CAC that they did not want the CAC to arrange for the holding of the ballot.

5) Both parties were in agreement that the ballot should take the form of a postal ballot. In a letter to the parties dated 1 June 2018 the Case Manager informed the parties that the Panel had decided, in accordance with paragraph 25(4) of the Schedule, that the ballot should be a postal ballot. The parties were able, eventually, to reach agreement on access to workers during the balloting period and the CAC was notified accordingly.

2. The Ballot

6) On 14 September 2018 Electoral Reform Services was appointed as the Qualified Independent Person (QIP) to conduct the ballot and the parties were notified accordingly.

7) The postal ballot papers were dispatched on 1 October 2018 to be returned to the QIP by no later than noon on 22 October 2018.

8) The QIP reported to the CAC on 22 October 2018 that, of the 161 workers eligible to vote, one hundred (100) ballot papers had been returned of which there was one (1) invalid (blank/spoilt) paper. Fifty two (52) workers (52.5% 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. Forty seven (47) workers (47.5% of the valid vote) had voted to reject the proposal. The proportion of workers constituting the bargaining unit who supported the proposal was 32.3%.

9) The CAC informed the Employer and the Union on 24 October 2018 of the result of the ballot in accordance with paragraph 29(2) of the Schedule.

3. Declaration that the Union is not entitled to be recognised

10) The ballot did not establish that at least 40% of the workers constituting the bargaining unit supported the proposal that the Union should be recognised by the Employer for the purposes of conducting collective bargaining on behalf of the bargaining unit.

11) In accordance with paragraph 29(4) of the Schedule, the CAC declares that the Union is not entitled to be recognised by the Employer as entitled to conduct collective bargaining on behalf of the bargaining unit.

Panel

Professor Gillian Morris, Panel Chair

Ms Virginia Branney

Mr Tom Keeney

24 October 2018