皇冠体育app

Case Number: TUR1/1217(2021)

17 December 2021

CENTRAL ARBITRATION COMMITTEE

TRADE UNION AND LABOUR RELATIONS (CONSOLIDATION) ACT 1992

SCHEDULE A1 - COLLECTIVE BARGAINING: RECOGNITION DECLARATION THAT THE UNION IS ENTITLED TO BE RECOGNISED

皇冠体育app Parties:

Unite the Union

and

DHL Parcel UK Limited

1. Introduction

1) Unite the Union (the Union) submitted an application to the Central Arbitration Committee (the CAC) dated 16 April 2021 that it should be recognised for collective bargaining purposes by DHL Parcel UK Limited (the Employer) in respect of a bargaining unit comprising 鈥淟inehaul Drivers based at Ryton in Coventry.鈥� 皇冠体育app location of the bargaining unit was given as 鈥淒HL Parcel UK Limited, Hillman Way, Ryton-on-Dunsmore, Coventry, CV8 3ED.鈥� 皇冠体育app application was received by the CAC on 16 April 2021 and the CAC gave both parties notice of receipt of the application by a letter of the same date. 皇冠体育app Employer submitted a response to the CAC dated 23 April 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 Chairman established a Panel to deal with the case. 皇冠体育app Panel consisted of Mr Tariq Sadiq, Panel Chair, and, as Members, Ms Stephanie Marston and Mr Robert Lummis. On 21 July 2021 Mr Robert Lummis was replaced by Mr Len Aspell. 皇冠体育app Case Manager appointed to support the Panel was Kate Norgate.

3) By a decision dated 24 May 2021 the Panel accepted the Union鈥檚 application. 皇冠体育app parties then entered a period of negotiation in an attempt to reach agreement on the appropriate bargaining unit. No agreement was reached between the parties as to the appropriate bargaining unit. Following a virtual hearing held on 2 July 2021 the Panel decided, by a decision dated 14 July 2021, that the appropriate bargaining unit was 鈥淎ll Linehaul Drivers鈥�.

4) As the determined 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鈥檚 application was valid or invalid within the terms of paragraphs 43 to 50 of the Schedule. By a decision dated 17 August 2021 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 17 August 2021 the Panel, not being satisfied that a majority of the workers constituting the determined 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. 皇冠体育app 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. This period was extended on two occasions following requests from the parties. 皇冠体育app parties were also asked for their views on the form the ballot should take.

6) 皇冠体育app notification period under paragraph 24(5) and 24(6) of the Schedule ended on 18 October 2021. 皇冠体育app 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). 皇冠体育app Panel, having considered the parties鈥� 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. 皇冠体育app Ballot

7) Kanto Elect was appointed as the Qualified Independent Person (鈥淨IP鈥�) on 8 November 2021 to conduct the ballot and the parties were notified accordingly. 皇冠体育app postal ballot papers were despatched on 23 November 2021 to be returned by no later than noon on 6 December 2021, the day that the ballot closed.

8) On 10 and 11 November 2021 the Union submitted two complaints to the CAC under paragraph 27 of the Schedule that the Employer had failed to comply with its duties under paragraph 26(3) in relation to the Union鈥檚 access to workers. On 15 November 2021 the parties jointly attended a meeting with Acas to discuss the matter. On 16 November 2021 the Union informed the CAC that it wanted no further action to be taken regard to the Union鈥檚 complaints.

9) 皇冠体育app QIP reported to the CAC on 6 December 2021 that, out of 355 workers eligible to vote, 260 ballot papers had been returned; one ballot paper was found to be spoilt. One hundred and seventy-six (176) workers, that is 67.69% of those voting, had voted to support the proposal that the Union be recognised for the purposes of collective bargaining with the Employer. Eighty-three (83) workers, that is 31.92% of those voting, voted to reject the proposal. 皇冠体育app number of votes supporting the proposal as a percentage of the bargaining unit was 49.57%.

10) 皇冠体育app CAC informed the Employer and the Union on 9 December 2021 of the result of the ballot in accordance with paragraph 29(2) of the Schedule.

3. Declaration that the Union is entitled to be recognised

11) 皇冠体育app ballot establishes that a majority of the workers voting, and at least 40% of the workers constituting the bargaining unit, support the proposal that the Union should be recognised by the Employer for the purpose of conducting collective bargaining in respect of the bargaining unit. This satisfies the conditions under which the CAC must issue a declaration in favour of recognition in accordance with paragraph 29(3) of the Schedule.

12) 皇冠体育app CAC accordingly declares that the Union is recognised by the Employer as entitled to conduct collective bargaining on behalf of the bargaining unit comprising 鈥淎ll Linehaul Drivers鈥�.

Panel

Mr Tariq Sadiq, Panel Chair

Ms Stephanie Marston

Mr Len Aspell

17 December 2021