皇冠体育app

Case Number: TUR1/1299(2023)

20 July 2023

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

皇冠体育app Parties:

Unite the Union

and

Moog Controls Limited

1. Introduction

1) Unite the Union (the Union) submitted an application to the CAC dated 16 January 2023 that it should be recognised for collective bargaining purposes by Moog Controls Limited (the Employer) for a bargaining unit comprising 鈥淒irects within Assembly and Test, covering the job roles Assembler Tester, Technician, Technician 2, Senior Technician, Cell Lead, Shift Lead and Production Supervisor employed at Moog Controls Limited, Ashchurch, Tewkesbury, Gloucestershire, GL20 8NA. Directs within Manufacturing, covering the job roles Semi Skilled Assembler/Finisher, Skilled Machinist, Machinist Cell Fitter, Cell lead, Tool Maker, Induction Machinist, Trainer Machinist, Trainer Assembler/Finisher, Semi Skilled Machinist and Machinist CNC employed at Moog Controls Limited, Ashchurch, Tewkesbury, Gloucestershire, GL20 8NA.鈥� 皇冠体育app location of the bargaining unit was given as 鈥淢oog Controls Limited, Ashchurch, Tewkesbury, Gloucestershire, GL20 8NA.鈥� 皇冠体育app application was received by the CAC on 16 January 2023 and the CAC gave notice of receipt of the application to the parties that day. 皇冠体育app Employer submitted a response to the CAC dated 23 January 2023 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. 皇冠体育app Panel consisted of Mrs Sarah Havlin, Panel Chair, and, as Members, Mr Kieran Grimshaw and Mrs Claire Sullivan. 皇冠体育app Case Manager appointed to support the Panel was Joanne Curtis.

3). By a decision dated 23 February 2023 the Panel accepted the Union鈥檚 application. Following this decision, the parties then reached agreement on the appropriate bargaining unit. 皇冠体育app agreed bargaining unit was described as 鈥淒irects within Assembly and Test and Manufacturing who work at Aircraft Group Moog Controls Limited. 皇冠体育app bargaining unit includes the following categories of workers: Assembler Tester, Bridging Shift Leader, Cell Lead, Certified Training Lead, Induction Assembler/Finisher, Induction Machinist, Nightshift Supervisor, Production Supervisor, RUR Technician, Senior Technician, Shift Leader, Skilled Assembler/Finisher, L1Skilled Assembler/Finisher, L2 Skilled Machinist, Level 1 Skilled Machinist, Technician 2, Technician A&T, Trainer Assembler/Finisher and Trainer Machinist.鈥�

4) As the determined bargaining unit differed from that proposed by the Union in its application the Panel was required to decide whether the Union鈥檚 application was invalid. In a decision dated 19 April 2023 the Panel decided that the application was not invalid.

5) On 25 April 2023, the Panel, satisfied that a majority of the workers constituting the bargaining unit were not 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 in which the workers constituting the bargaining unit would be asked whether they wanted the Union to conduct collective bargaining on their behalf. 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), before arranging a secret ballot.

6) 皇冠体育app notification period under paragraph 24(5) of the Schedule ended on 11 May 2023. 皇冠体育app CAC was not notified by both the parties that they did not want the ballot to be held, as per paragraph 24(2). 皇冠体育app parties were also asked for their views on the form the ballot should take.

7) 皇冠体育app parties put forward two different types of ballot for the Panel to consider. 皇冠体育app Union argued for a workplace ballot, whereas the Employer submitted that the ballot should be a postal ballot. In a decision dated 7 June 2023 the Panel decided that a workplace ballot should take place with a postal element for those workers known in advance to be absent from the workplace on the day of the ballot. 皇冠体育app parties subsequently reached agreement on access arrangements. 皇冠体育app Panel directed that Popularis should be appointed as the Qualified Independent Person (QIP) to conduct the ballot.

2. 皇冠体育app Ballot

8) Popularis was appointed as QIP on 15 June 2023 to conduct the ballot and the parties were notified accordingly. 皇冠体育app postal ballot papers were despatched on 27 June 2023, to be returned by no later than noon on 12 July 2023. 皇冠体育app workplace ballot took place on 11 July 2023.

9) 皇冠体育app QIP reported to the CAC on 12 July 2023, that out of 138 workers eligible to vote, 130 ballot papers had been returned: no ballot papers were found to be spoilt. 55 workers, that is 42% of those voting, had voted to support the proposal that the Union be recognised for the purposes of collective bargaining with the Employer. 75 workers, that is 58% 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 40%.

10) 皇冠体育app CAC informed the Employer and the Union on 17 July 2023 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

11) 皇冠体育app 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.

12) In accordance with paragraph 29(4) of the Schedule, the CAC declares that the Union is not recognised by the Employer as entitled to conduct collective bargaining on behalf of the bargaining unit.

Panel

Mrs Sarah Havlin, Panel Chair

Mr Kieran Grimshaw

Mrs Claire Sullivan.

20 July 2023