Decision

Recognition Decision

Updated 3 November 2025

Applies to England, Scotland and Wales

Case Number: TUR1/1491(2025)

3 November 2025

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

Wilson James Limited

1. Introduction

1)         United Voices of the World (the Union) submitted an application to the CAC on 1 September 2025 that it should be recognised for collective bargaining by Wilson James Limited (the Employer) for a bargaining unit comprising of “Employees of Wilson James Limited, excluding management grade and above, contracted to work at The Science Museum, Exhibition Rd, South Kensington,London,SW7 2DD”. The CAC gave both parties notice of receipt of the application on 1 September 2025. The Employer submitted a response to the CAC dated 5 September 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 Professor Alan Bogg, Panel Chair, and, as Members, Mr Mustafa Faruqi and Mr Andy Peart. The Case Manager appointed to support the Panel was Kaniza Bibi.

3)         By its written decision dated 1 October 2025 the Panel accepted the Union’s application. The parties then entered a period of negotiation on the appropriate bargaining unit. On 14 October 2025 the parties notified the CAC that they had agreed the bargaining unit as “Employees of Wilson James Limited, excluding management grade and above”, contracted to work at The Science Museum, Exhibition Rd, South Kensington, London, SW7 2DD. This bargaining unit comprised the same workers as that originally proposed by the Union in its application.

2. Issues

4)         Paragraph 22 of the Schedule A1 to 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. 

5)         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 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 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 recognition without a ballot

6)         In an e-mail dated 14 October 2025, 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. In an e-mail dated 16 October 2025, the Union stated that it did have majority membership within the bargaining unit and therefore submitted that it should be granted recognition without a ballot. The Union said that its claim was based on the CAC’s earlier decision, issued on 1 October 2025, regarding acceptance of the application for recognition.

7)         The Union referred to paragraph 31 of that decision, which stated that according to the Case Manager’s report, the number of Union members in the proposed bargaining unit was 28, representing a membership level of 37.33%. The Union also referred to paragraph 33, which stated that members of the Union would be likely to favour recognition (37.33%), as would non-union members who had signed the petition (28.00%), giving a total of 65.33%. The Union commented that paragraph 25 of the same decision recorded that the Employer’s list contained 75 workers. It further noted that, in an e-mail dated 6 October 2025, the Employer had confirmed that there was one category of worker in the proposed bargaining unit Security Officers and that there were 66 in total.

8)         The Union stated that, as the original membership check had found, it had 28 members within the bargaining unit, representing 42.42% of the total. However, it said that further recruitment activity had taken place in recent days, resulting in six additional members joining. This brought total membership within the bargaining unit to 34, equating to 51.5%. The Union commented that more workers within the bargaining unit had indicated their intention to join, which would further increase the Union’s majority. The Union confirmed that it could provide an updated membership list if required.

9)         Finally, the Union submitted that, given the majority membership now held, the Panel must declare the Union to be recognised without a ballot, as none of the three qualifying conditions specified in paragraph 22(4) of the Schedule were fulfilled.

10)       The CAC copied the Union’s e-mail of 16 October 2025 to the Employer and the Panel confirmed that no further comments were required from either party at this stage. The Panel agreed to proceed with a membership check in order to clarify the number of workers within the bargaining unit and to determine how many of those workers were members of the Union.

4. The membership and support check.        

11)       The Panel proposed an independent check of the level of union membership within the agreed bargaining unit as this would allow for any doubts on membership figures to be cleared up. It was agreed with the parties that the Employer would supply to the Case Manager a list of the names, dates of birth and job titles of workers within the agreed bargaining unit, and that the Union would supply to the Case Manager a list of its paid-up members within that unit including full names and dates of birth. 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 dated 17 October 2025 from the Case Manager to both parties. 

12)       The information from the Union was received by the CAC on 20 October 2025 and from the Employer on 22 October 2025.

13)       The list supplied by the Employer showed that there were 60 workers in the agreed bargaining unit. The list of members supplied by the Union contained 38 names. According to the Case Manager’s report the number of Union members in the agreed bargaining unit was 38, a membership level of 63.33%. A report of the result of the membership check was circulated to the Panel and the parties on 23 October 2025 and the Employer was asked for its submissions on the qualifying conditions.

5. Employer submissions on the membership check and qualifying conditions

14)       In its submissions dated 29 October 2025, the Employer stated, “We are satisfied that this information is accurate negating the need for a ballot”. In these circumstances, the Panel considered that there was no requirement to invite comments from the Union, as the Employer had not argued that one or more of the qualifying conditions were satisfied.

6. Considerations

15)       The Schedule 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 conditions is fulfilled, it must give notice to the parties that it intends to arrange for the holding of a secret ballot. 

16)       In the membership and support check conducted on 23 October 2025 the Employer listed a total of 60 workers in the bargaining unit. The Union provided a spreadsheet listing 38 union members in the unit. The union membership level is therefore 63.33%. Accordingly, the Panel accepts that the majority of workers in the bargaining unit are members of the Union.

Paragraph 22(4)(a)

17)       The first qualifying 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 satisfied that this condition does not apply.

Paragraph 22(4)(b)

18)       The second qualifying 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 therefore does not apply.

Paragraph 22(4)(c)

19)       The third qualifying 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 therefore does not apply.

7. Declaration of recognition

20)       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 of: Employees of Wilson James Limited, excluding management grade and above, contracted to work at The Science Museum, Exhibition Rd, South Kensington, London, SW7 2DD.

Panel

Professor Alan Bogg, Panel Chair

Mr Mustafa Faruqi

Mr Andy Peart

3 November 2025