Decision

Recognition Decision

Updated 20 May 2021

Applies to England, Scotland and Wales

Case Number: TUR1/1207/2021

20 May 2021

CENTRAL ARBITRATION COMMITTEE

TRADE UNION AND LABOUR RELATIONS (CONSOLIDATION) ACT 1992

SCHEDULE A1 - COLLECTIVE BARGAINING: RECOGNITION DECLARATION OF RECOGNITION WITHOUT A BALLOT

The Parties:

United Voices of the World

and

Ecocleen Services Ltd

1. Introduction

1) United Voices of the World (the Union) submitted an application to the CAC dated 2 February 2021 that it should be recognised for collective bargaining purposes by Ecocleen Services Ltd (the Employer) in respect of a bargaining unit comprising “The cleaners employed by Ecocleen Services Limited to work at La Retraite, Roman Catholic Girls’ School, Atkins Road, Clapham Park, London SW12 OAB.” The location of the bargaining unit was given as “La Retraite, Roman Catholic Girls’ School, Atkins Road, Clapham Park, London SW12 OAB.” The application was received by the CAC on 2 February 2021 and the CAC gave both parties notice of receipt of the application the same day. The Employer submitted a response to the CAC dated 10 February 2021 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 Gillian Morris, Panel Chair, and, as Members, Mr David Cadger and Mr Gerry Veart. Owing to his retirement from the CAC on 31 March 2021 Mr Veart was replaced for the purposes of this decision and subsequent stages of the case by Ms Virginia Branney. On 26 April 2021 Professor Gillian Morris was also replaced for purposes of this stage by Ms Naeema Choudry. The Case Manager appointed to support the Panel was Kate Norgate.

3) By a decision dated 19 April 2021 the Panel accepted the Union’s application. The parties then entered a period of negotiation in which to try and reach agreement on the appropriate bargaining unit. As no agreement was reached, the parties were invited to supply the Panel with written submissions relating to the question of the determination of the appropriate bargaining unit. By a decision dated 21 April 2021 the Panel decided that the appropriate bargaining unit was that specified by the Union in its application.

2. Issues

4) Paragraph 22 of the Schedule A1 of 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.

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 21 April 2021 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 26 April 2021, stated that it did claim to have majority membership within the bargaining unit and therefore submitted that it was seeking recognition without a ballot.

4. The check of union membership within the bargaining unit

6) To assist in deciding whether to arrange for a secret ballot under the Schedule, the Panel proposed an independent check of the level of union membership in the determined bargaining unit. The information requested from both parties was received by the CAC on 30 April 2021. It was explicitly agreed with both parties that, to preserve confidentiality, the respective lists would not be copied to the other party and that agreement was confirmed in a letter from the Case Manager to both parties dated 28 April 2021.

7) The Employer provided a list of 28 workers in the bargaining unit. The Union provided a list of 15 members. The result of the check was that 15 names on the Union’s list appeared on the Employer’s list; a membership level of 53.57%. The result of the membership check was served on the Parties on 4 May 2021.

5. The Employer’s submissions

8) In the CAC’s letter of 4 May 2021, the Employer was also invited to make submissions on the three qualifying conditions specified in paragraph 22(4) of the Schedule. In its response dated 10 May 2021 the Employer stated that “we have no further comments.”

6. Considerations

9) 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.

10) In this case, the membership check conducted by the Case Manager (described in paragraphs 6 - 7 above) showed that 53.57% of the workers in the proposed bargaining unit were members of the Union. The Panel is satisfied that, in the absence of any evidence to the contrary, a majority of the workers constituting the bargaining unit are members of the Union for the purposes of paragraph 22(1) of the Schedule.

11) 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.

12) The first condition is that the Panel is satisfied that a ballot should be held in the interests of good industrial relations. No evidence has been put before the Panel to show how industrial relations would be detrimentally affected if it were to award recognition without holding a ballot. The Panel has therefore concluded that this condition has not been satisfied.

13) 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. No such evidence has been produced and the Panel has therefore concluded that this condition has not been satisfied.

14) 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 the Panel has therefore concluded that this condition has not been satisfied.

7. Declaration of recognition

15) 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 “The cleaners employed by Ecocleen Services Limited to work at La Retraite, Roman Catholic Girls’ School, Atkins Road, Clapham Park, London SW12 OAB.”

Panel

Ms Naeema Choudry, Panel Chair

Ms Virginia Branney

Mr David Cadger

20 May 2021