皇冠体育app

Case Number: TUR5/001(2023)

14 December 2023

CENTRAL ARBITRATION COMMITTEE

TRADE UNION AND LABOUR RELATIONS (CONSOLIDATION) ACT 1992

SCHEDULE A1 - COLLECTIVE BARGAINING: DERECOGNITION WHERE RECOGNITION AUTOMATIC

DECISION ON WHETHER TO ACCEPT THE APPLICATION

皇冠体育app Parties:

Noble Foods

and

Unite the Union

1. Introduction

1)聽聽聽聽聽聽聽聽 Noble Foods (the Employer) submitted an application to the CAC dated 20 November 2023 that a secret ballot be held to determine whether the bargaining arrangements with Unite the Union (the Union) should be ended where recognition without a ballot had previously been declared by the CAC on 21 October 2020. 皇冠体育app Union is recognised by the Employer as entitled to conduct collective bargaining on behalf of a bargaining unit comprising 鈥渁ll factory operatives working in Butchery, Hob, EV, Matt Chill, Packing, Tray Wash, Despatch, Line Leaders, Team Leaders, Hygiene and Technical.鈥� 皇冠体育app location of the bargaining unit is 鈥淣oble Foods Limited, Corringham Road, Gainsborough, Lincolnshire, DN21 1QH.鈥� 皇冠体育app application was received by the CAC on 21 November 2023 and the CAC gave both parties notice of receipt of the application by a letter of the same date. 皇冠体育app Union submitted a response to the CAC dated 29 November 2023 which was copied to the Employer.

2)聽聽聽聽聽聽聽聽 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. 皇冠体育app Panel consisted of Mr Rohan Pirani, Panel Chair, and, as Members, Mrs Susan Jordan and Mr Paul Noon. 皇冠体育app Case Manager appointed to support the Panel was Joanne Curtis.

3)聽聽聽聽聽聽聽聽 皇冠体育app CAC Panel has extended the acceptance period in this case. 皇冠体育app initial period expired on 5 December 2023. 皇冠体育app acceptance period was extended until 31 December 2023 in order to allow time for a membership check to take place, for the parties to comment on the subsequent report, and for the Panel to consider the comments before arriving at a decision.

2. Issues

4)聽聽聽聽聽聽聽聽 皇冠体育app Panel is required by paragraph 132 of Schedule A1 to the Act (the Schedule) to decide whether the Employer鈥檚 request to the Union to agree to end the bargaining arrangements is valid within the terms of paragraph 127, and whether the Employer鈥檚 application is admissible within the terms of paragraphs 129 to 131; and therefore, should be accepted.

3. Summary of the Employer鈥檚 application

5)聽聽聽聽聽聽聽聽 In its application to the CAC the Employer stated that the CAC had issued a declaration that the Union was recognised as entitled to conduct collective bargaining on behalf of the bargaining unit on 21 October 2020. 皇冠体育app Employer attached a copy of this declaration to its application. 皇冠体育app Employer said that there was in place a method by which the parties conducted collective bargaining. 皇冠体育app Employer attached a copy of the method of collective bargaining to its application.

6)聽聽聽聽聽聽聽聽 皇冠体育app Employer said it wrote to the Union dated 23 October 2023 to request derecognition and that copies were also sent by post and received by the Union on 26 October 2023. A copy of the letter dated 23 October 2023 was attached to the Employer鈥檚 application. 皇冠体育app Employer said it had received no response from the Union.

7)聽聽聽聽聽聽聽聽 皇冠体育app Employer said there were 199 workers in the bargaining unit. When asked what evidence existed to establish that fewer than half of the workers constituting the bargaining unit were members of the Union, the Employer said that a ballot of Union members had taken place on 12 May 2023. 皇冠体育app Employer went on to say that it had been informed by the Regional Officer for the Union that there were only 36 Union members in the bargaining unit at that time. 皇冠体育app Employer said it believed that since the ballot this number had reduced further.

8)聽聽聽聽聽聽聽聽 皇冠体育app Employer confirmed that there had not been a previous application under either Part IV or Part V of Schedule A1 in respect of the same bargaining unit.

4. Summary of the Union鈥檚 response to the Employer鈥檚 application

9)聽聽聽聽聽聽聽聽 皇冠体育app Union said that following the CAC鈥檚 declaration of recognition there was a method of bargaining put in place and that this method of bargaining was still being pursued. 皇冠体育app Union said that it received the Employer鈥檚 written request to end the collective bargaining arrangements by 聽email dated 23 October 2023. 皇冠体育app Union said that it did not respond to the request.

10)聽聽聽聽聽聽 皇冠体育app Union said that it did not disagree with the Employer鈥檚 statement that fewer than half the workers in the bargaining unit were Union members. When asked if the Union considered that a majority of workers in the bargaining unit would be likely to favour an end to the bargaining arrangements the Union said that it had no 鈥渃ounter position.鈥� 皇冠体育app Union went on to say that membership had drifted following the loss of a key activist. 皇冠体育app Union said that despite its efforts the wider workforce had not embraced Union membership.

11)聽聽聽聽聽聽 皇冠体育app Union said that it was not aware of any previous application either under Part IV or Part V of Schedule A1 by either the Employer or the workers for an end to the bargaining arrangements. 皇冠体育app Union confirmed that it had received a copy of the Employer鈥檚 application form to the CAC and the supporting documents on 22 November 2023.

5. 皇冠体育app membership and support check

12)聽聽聽聽聽聽 To assist the determination of one of the admissibility criteria specified in the Schedule, namely, whether fewer than half of the workers constituting the bargaining unit are members of the union (paragraph 131(1)), the Panel proposed an independent check of the level of union membership within the bargaining unit. 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 bargaining unit, and that the Union would supply to the Case Manager a list of its paid-up members within that unit including their full names, dates of birth and job roles (where available). It was explicitly agreed with both parties that, to preserve confidentiality, the respective lists would not be copied to the other party. 皇冠体育appse arrangements were confirmed in a letter dated 4 December 2023 from the Case Manager to both parties.

13)聽聽聽聽聽聽 皇冠体育app information requested from the Union was received by the CAC on 5 December 2023 and from the Employer on 4 December 2023. 皇冠体育app Panel is satisfied that the checks were conducted properly and impartially and in accordance with the agreement reached with the parties.

14)聽聽聽聽聽聽 皇冠体育app list supplied by the Employer indicated that there were 206 workers in the Union鈥檚 proposed bargaining unit.

15)聽聽聽聽聽聽 皇冠体育app list of members supplied by the Union contained 28 names. According to the Case Manager鈥檚 report, the number of Union members in the proposed bargaining unit was 25, a membership level of 12.14%.

16)聽聽聽聽聽聽 A report of the result of the membership and support check was circulated to the Panel and the parties on 5 December 2023 and the parties were invited to comment on the results of that check by noon on 11 December 2023. Neither the Employer nor the Union submitted any comments.

6. Considerations

17)聽聽聽聽聽聽 In determining whether to accept the application the Panel must decide whether the admissibility and validity provisions referred to in paragraph 4 above are satisfied.聽 皇冠体育app Panel has considered carefully the submissions of both parties and all the evidence in reaching its decision.聽

18)聽聽聽聽聽聽 皇冠体育app Panel is satisfied that the Employer made a valid request to the Union within the terms of paragraph 127 of the Schedule.

19)聽聽聽聽聽聽 皇冠体育app Panel is further satisfied that the application is not rendered inadmissible by any of the provisions in paragraphs 129-130 of the Schedule. 皇冠体育app remaining issue for the Panel to decide is whether the admissibility criteria contained in paragraph 131 is met.

Paragraph 131

20)聽聽聽聽聽聽 Under paragraph 131 of the Schedule an application is not admissible unless the Panel is satisfied that fewer than half of the workers constituting the bargaining unit are members of the union.

21)聽聽聽 皇冠体育app membership check conducted by the Case Manager (described in paragraphs 12 to 16 above) showed that 12.14% of the workers in the bargaining unit were members of the Union. As stated in paragraph 13 above, the Panel is satisfied that this check was conducted properly and impartially and in accordance with the agreement reached with the parties.

22)聽聽聽聽聽聽 For the reasons set out in paragraph 15 above the Panel has decided that fewer than half the workers constituting the bargaining unit are members of the union as required by paragraph 31 of the Schedule.

7. Decision

23)聽聽聽聽聽聽 For the reasons given in paragraphs 17-22 above, the Panel鈥檚 decision is that the application is accepted by the CAC.

Panel

Mr Rohan Pirani, Panel Chair

Mrs Susan Jordan

Mr Paul Noon.

14 December 2023