51茶馆

Case Number: TUR1/1451(2025)

聽19 May 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:聽

Unite the Union

and

EMCOR UK

1. Introduction

1)聽聽聽聽聽聽聽聽 Unite (the Union) submitted an application to the CAC dated 7 February 2025 that it should be recognised for collective bargaining purposes by EMCOR UK (the Employer) for a bargaining unit comprising 鈥渁ll staff at the Headington Site working for EMCOR UK.鈥� The location of the bargaining unit was given as 鈥淓MCOR Employees, Roosevelt Drive, Headington, Oxford, OX3 7FZ.鈥� The application was received by the CAC on 7 February 2025 and the CAC gave both parties notice of receipt of the application on 10 February 2025.聽 The Employer submitted a response to the CAC dated 14 February 2025 which was copied to the Union.

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.聽 The Panel consisted of Mr Rohan Pirani, Panel Chair, and, as Members, Mr David Cadger and Mr Steve Gillan. The Case Manager appointed to support the Panel was Joanne Curtis.

3)聽聽聽聽聽聽聽聽 By its written decision dated 13 March 2025 the Panel accepted the Union鈥檚 application. The parties then entered a period of negotiation in an attempt to reach agreement on the appropriate bargaining unit. On 15 April 2025 the parties notified the CAC that they had reached an agreement as to the appropriate bargaining unit and this was 鈥渢hose employees engaged by EMCOR UK whose place of work is Roosevelt Drive, Headington, Oxford, OX3 7FZ.鈥� The Panel were satisfied that although the agreed bargaining unit was worded slightly differently to that in the Union鈥檚 application for statutory recognition the bargaining unit itself did not differ to that proposed.

2. Issues

4)聽聽聽聽聽聽聽聽 Paragraph 22 of 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 unions, it must issue a declaration of recognition under paragraph 22(2) unless any of the three qualifying conditions specified in paragraph 22(4) applies.聽 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.聽 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 (or unions) 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 (or unions) to conduct collective bargaining on their behalf.

5)聽聽聽聽聽聽聽聽 Paragraph 22(5) provides that 鈥渕embership evidence鈥� 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鈥檚 claim to majority membership and submission that it should be recognised without a ballot

6)聽聽聽聽聽聽聽聽 In a letter dated 15 April 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. The Union, in an email dated 17 April 2025, said that since the membership check carried out at acceptance stage Union membership had increased from 43% to 52.17% and that 12 out of the 23 workers in the bargaining unit were now members of the Union.

4. Membership and support check

7)聽聽聽聽聽聽聽聽 In light of the comments made by the Union the Panel requested that a further membership check be undertaken to ascertain whether the Union had a majority of members in the bargaining unit. The Employer provided a list with a total of 23 workers in the bargaining unit. The Union provided a list of 13 union members. The number of union members in the bargaining unit was 12, a membership level of 52.17%.聽 A report was issued to the parties on 28 April 2025 and comments invited on whether a majority of the workers in the bargaining unit were members of the Union and the three qualifying conditions, as specified in paragraph 22(4) of the Schedule. The Union again confirmed that it was claiming majority membership within the bargaining unit and that it should be granted recognition without a ballot. No comments were received from the Employer within the timeframe given by the CAC. When the Employer did reply they expressed a preference for a ballot because the membership check was 鈥渟till close to the wire and not confirmed鈥�.

5. Considerations

8)聽聽聽聽聽聽聽聽 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.聽 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.聽 If the Panel considers that any of those specific conditions is fulfilled, it must give notice to the parties that it intends to arrange for the holding of a secret ballot.聽

9)聽聽聽聽聽聽聽聽 The most recent membership and support check conducted on 28 April 2025 had shown the Employer listing a total of 23 workers in the bargaining unit. The Union had provided a list of 13 union members. The number of union members in the proposed bargaining unit was 12, a membership level of 52.17%.聽 Accordingly, the Panel accepts that the majority of workers in the bargaining unit are members of the Union.

10)聽聽聽聽聽聽 The Panel has carefully considered all the evidence in reaching its decision as to whether any of the qualifying conditions laid down in paragraph 22(4) of the Schedule is fulfilled.

Paragraph 22(4) (a)

11)聽聽聽聽聽聽 The first condition is that the Panel is satisfied that a ballot should be held in the interests of good industrial relations. In this case even allowing for the late submissions made by the Employer there is no evidence to suggest that a secret ballot would be in the interests of good industrial relations. There is no evidence to suggest that there is any dispute or uncertainty about the membership check. The Panel is therefore satisfied that this condition does not apply.

Paragraph 22(4) (b)

12)聽聽聽聽聽聽 The second 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 does not apply.

Paragraph 22(4) (c)

13)聽聽聽聽聽聽 The third 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.聽 No such evidence has been produced, and this condition does not apply.

6. Declaration of recognition

14)聽聽聽聽聽聽 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 are 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 鈥渢hose employees engaged by EMCOR UK whose place of work is Roosevelt Drive, Headington, Oxford, OX3 7FZ.鈥�

Panel

Mr Rohan Pirani, Panel Chair

Mr David Cadger

Mr Steve Gillan

19 May 2025