Decision

Recognition Decision

Updated 12 March 2021

Case Number: TUR1/1153(2019)

11 March 2021

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

Stepan UK Ltd

1. Introduction

1) Unite the Union (the Union) submitted an application to the CAC on 18 December 2019 that it should be recognised for collective bargaining by Stepan UK Ltd (the Employer) for a bargaining unit comprising “All manual shop floor workers employed in the Sulphonation, Organics, Production services and Maintenance departments.” The CAC gave both parties notice of receipt of the application on 19 December 2019. The Employer submitted a response to the CAC which was received on 30 December 2019 and 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 Charles Wynn-Evans, Chairman of the Panel, and, as Members, Ms Fiona Wilson and Mr Nick Caton. The Case Manager appointed to support the Panel was Kate Norgate.

3) By a decision dated 18 February 2020 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. By e-mails to the Case Manager dated 29 September 2020 the parties confirmed that they had reached agreement and that the bargaining unit should be described as “All Stepan employees at grade F and below (including the ungraded employees) employed at London and Stalybridge.”

4) As the agreed bargaining unit differed from that proposed by the Union in its application, the Panel was required by paragraph 20 of Schedule A1 to the Act (the Schedule) to decide whether the Union’s application was valid or invalid within the terms of paragraphs 43 to 50 of the Schedule. By a decision dated 3 December 2020 the Panel determined that the application was valid for the purposes of paragraph 20 and that the CAC would therefore proceed with the application.

5) On 3 December 2020 the Panel, not being satisfied that a majority of the workers constituting the agreed 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. The Panel also advised the parties that it would wait until the end of the notification period of ten working days, as specified in paragraph 24(5) and 24(6), before arranging a secret ballot. The parties were also asked for their views on the form the ballot should take.

6) The notification period under paragraph 24(5) and 24(6) of the Schedule ended on 16 December 2020. The CAC was not notified by the Union or by both parties jointly that they did not want the ballot to be held, as per paragraph 24(2). The Panel, having considered the parties’ views decided that a Postal ballot should take place. This decision was made in accordance with paragraph 25(4) of the Schedule and the parties were informed accordingly.

2. The Ballot

7) IPA was appointed as the Qualified Independent Person (“QIP”) on 5 February 2021 to conduct the ballot and the parties were notified accordingly. The postal ballot papers were despatched on 22 February 2021 to be returned by no later than noon on 5 March 2021, the day that the ballot closed.

8) The QIP reported to the CAC on 5 March 2021 that, out of 87 workers eligible to vote, 72 ballot papers had been returned; no ballot papers were found to be spoilt. Twelve (12) workers, that is 17% of those voting, had voted to support the proposal that the Union be recognised for the purposes of collective bargaining with the Employer. Sixty (60) workers, that is 83% of those voting, voted to reject the proposal. The number of votes supporting the proposal as a percentage of the bargaining unit was 14%.

9) The CAC informed the Employer and the Union on 9 March 2021 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 establishes that recognition of the Union is not supported by a majority of the workers voting and so, in accordance with paragraph 29(4) of the Schedule, the CAC declares that the Union is not recognised as entitled to conduct collective bargaining on behalf of the bargaining unit.

Panel

Mr Charles Wynn-Evans, Panel Chair

Mr Nicholas Caton

Ms Fiona Wilson

11 March 2021