Decision

Recognition Decision

Updated 12 September 2018

Case Number: TUR1/1049(2018)

4 September 2018

CENTRAL ARBITRATION COMMITTEE

TRADE UNION AND LABOUR RELATIONS (CONSOLIDATION) ACT 1992

SCHEDULE A1 - COLLECTIVE BARGAINING: RECOGNITION

DECLARATION OF RECOGNITION

The Parties:

Prospect

and

Babcock Mission Critical Services Onshore Ltd

1. Introduction

1) Prospect (the Union) submitted an application to the CAC on 27 April 2018 that it should be recognised for collective bargaining by Babcock Mission Critical Services Onshore Ltd (the Employer) for a bargaining unit comprising “Those permanent employees in Maintenance engineering below that of Supervisors and for Pilots below that of Head of Flight Operations. For the avoidance of doubt this covers, licenced maintenance engineers and unlicenced maintenance engineers and all Pilots”. Asked to give the location of the bargaining unit the Union stated that the main location was at Staverton in Gloucestershire but the Employer operated a number of smaller bases across the country, however all were managed from Staverton. The CAC gave both parties notice of receipt of the application on 30 April 2018. The Employer submitted a response to the CAC dated 4 May 2018 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. The Panel consisted of Mr Barry Clarke, Chairman of the Panel, and, as Members, Mr Derek Devereux and Mr Paul Talbot. The Case Manager appointed to support the Panel was Nigel Cookson.

3) By a decision dated 29 May 2018 the Panel accepted the Union’s application. The parties then entered a period of negotiation in an attempt to reach agreement on the appropriate bargaining unit. On 2 July 2018 the CAC was informed that the parties had met and agreed an appropriate bargaining unit which was: “Those permanent employees in Maintenance engineering below that of Supervisors and for Pilots below that of Senior Pilots and Training Captains. For the avoidance of doubt this covers licenced maintenance engineers and unlicensed maintenance engineers and Pilots, co-pilots and HHOs”. This differed from the bargaining unit originally proposed by the Union by the exclusion of the Senior Pilots and Training Captains.

4) As the agreed 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’s application was valid or invalid within the terms of paragraphs 43 to 50 of the Schedule. By a decision dated 18 July 2018 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 18 July 2018 the Panel, not being satisfied that a majority of the workers constituting the agreed 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. The 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. The parties were also asked for their views on the form the ballot should take.

6) The notification period under paragraph 24(5) and 24(6) of the Schedule ended on 1 August 2018. The 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). The Panel, having considered the parties’ 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. The Ballot

7) Mi-Voice was appointed as QIP on 3 August 2018 to conduct the ballot and the parties were notified accordingly. The postal ballot papers were despatched on 20 August 2018 to be returned by no later than noon on 3 September 2018, the day that the ballot closed.

8) The QIP reported to the CAC on 3 September 2018 that out of 130 workers eligible to vote, 84 ballot papers had been returned: no ballot papers were found to be spoilt. Eighty-four (84) workers, that is 100% of those voting, had voted to support the proposal that the Union be recognised for the purposes of collective bargaining with the Employer. No (0) workers voted to reject the proposal. The number of votes supporting the proposal as a percentage of the bargaining unit was 65%.

9) The CAC informed the Employer and the Union on 3 September 2018 of the result of the ballot in accordance with paragraph 29(2) of the Schedule.

3. Declaration of Recognition

10) The 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.

11) The CAC declares that the Union is recognised by the Employer as entitled to conduct collective bargaining on behalf of the bargaining unit comprising the “Those permanent employees in Maintenance engineering below that of Supervisors and for Pilots below that of Senior Pilots and Training Captains. For the avoidance of doubt this covers licenced maintenance engineers and unlicensed maintenance engineers and Pilots, Co-Pilots and HHOs”.

Panel

Mr Barry Clarke, Panel Chair

Mr Derek Devereux

Mr Paul Talbot

4 September 2018