Decision

Validity Decision

Updated 22 March 2024

Applies to England, Scotland and Wales

Case Number: TUR1/1374(2023)

13 March 2024

CENTRAL ARBITRATION COMMITTEE

TRADE UNION AND LABOUR RELATIONS (CONSOLIDATION) ACT 1992

SCHEDULE A1 - COLLECTIVE BARGAINING: RECOGNITION

DECISION ON WHETHER THE APPLICATION IS VALID FOLLOWING

AGREEMENT ON THE BARGAINING UNIT

The Parties:

Prospect

and

Gloucestershire Airport Limited

1. Introduction

1)聽聽聽聽聽聽聽聽 Prospect (the Union) submitted an application to the Central Arbitration Committee (the CAC) dated 27 October 2023 that it should be recognised for collective bargaining purposes by Gloucestershire Airport Limited (the Employer) in respect of a bargaining unit comprising 바카라 사이트淓mployees in the airport바카라 사이트檚 Air Traffic Control (ATC) unit.바카라 사이트� The location of the bargaining unit was given as 바카라 사이트淕loucestershire Airport.바카라 사이트� The application was received by the CAC on 27 October 2023 and the CAC gave both parties notice of receipt of the application by a letter of the same date. The Employer submitted a response to the CAC dated 2 November 2023 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 Chairman established a Panel to deal with the case. The Panel consisted of Mr Stuart Robertson, Panel Chair, and, as Members, Mr Mustafa Faruqi 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 a decision dated 27 November 2023 the Panel accepted the Union바카라 사이트檚 application. Following this decision, the parties reached agreement on the appropriate bargaining unit. The agreed bargaining unit was described as 바카라 사이트淎ir Traffic Control Assistant (ATCA), Air Traffic Control Officer (ATCO), Air Traffic Controller (ATC), Air Traffic Services Assistant (ATSA), Air Traffic Engineer (ATE) and Deputy Head of Air Traffic Control (DHAT).바카라 사이트�

2. Issues

4)聽聽聽聽聽聽聽聽 As the agreed bargaining unit differs from that proposed by the Union, the Panel is required by paragraph 20 of Schedule A1 to the Act (the Schedule) to decide whether the Union바카라 사이트檚 application is valid or invalid within the terms of paragraphs 43 to 50 of the Schedule.

3. Membership and support check

5)聽聽聽聽聽聽聽聽 To assist the determination of two of the validity tests specified in the Schedule,聽 namely whether 10% of the workers in the agreed bargaining unit are members of the union (paragraph 45(a)) and whether a majority of the workers in the agreed bargaining unit would be likely to favour recognition of the union as entitled to conduct collective bargaining on behalf of the bargaining unit (paragraph 45(b)), the Panel proposed an independent check of the level of union membership within the agreed 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 agreed bargaining unit, and that the Union would supply to the Case Manager a list of its paid-up members within that unit (including their dates of birth). It was explicitly agreed with both the parties that, to preserve confidentiality, the respective lists would not be copied to the other party and that agreement was confirmed in a letter dated 7 March 2024 from the Case Manager to both parties.

6)聽聽聽聽聽聽聽聽 The information from the Employer was received by the CAC on 7 March 2024 and from the Union on 8 March 2024. The Panel is satisfied that this check was conducted properly and impartially and in accordance with the agreement reached with the parties.

7)聽聽聽聽聽聽聽聽 The list supplied by the Employer indicated that there were 13 workers in the agreed bargaining unit. The list of members supplied by the Union contained 9 names. According to the Case Manager바카라 사이트檚 report, the number of Union members in the agreed bargaining unit was 9, a membership level of 69.23%.

8)聽聽聽聽聽聽聽聽 A report of the result of the membership check was circulated to the Panel and the parties on 11 March 2024 and the parties were invited to comment on the result of the check. In a previous letter dated 4 March 2024 the parties had also been invited to make their submissions on the validity tests for consideration by the Panel.

4. Union바카라 사이트檚 comments on the validity tests

9)聽聽聽聽聽聽聽聽 In an e mail to the Case Manager dated 7 March 2024 the Union made the following comments on the validity tests:

(a) Is there an existing recognition agreement covering any of the workers within the new bargaining unit? 바카라 사이트淣o. This was confirmed by the Employer in its response to the application.바카라 사이트�

(b) Is there 10% union membership within the new bargaining unit? 바카라 사이트淵es.바카라 사이트�

(c) Are the majority of the workers in the new bargaining unit likely to favour recognition? 바카라 사이트淥n the basis of the Employer바카라 사이트檚 letter to the CAC dated 29 November, the new bargaining unit encompasses 13 workers (the 14 in our original Application, less the manager). The original Application was submitted at the request of the Union바카라 사이트檚 members, and they have been kept informed of progress. At the time of the Application 바카라 사이트� 27 October 2023 바카라 사이트� our membership was seven. It is submitted that the subsequent growth to a density of approximately 75% is evidence of the favourable view towards recognition of the majority of the workers in the bargaining unit.바카라 사이트�

(d) Is there a competing application, from another union, where their proposed bargaining unit covers any workers in the new bargaining unit? 바카라 사이트淣ot to our knowledge.바카라 사이트�

(e) Has there been a previous application in respect of the new bargaining unit? 바카라 사이트淣ot from Prospect.바카라 사이트�

10)聽聽聽聽聽聽 The Union confirmed in an e mail dated 11 March 2024 that it had 바카라 사이트渘o substantive comments to make바카라 사이트� on the membership check carried out.

5. Employer바카라 사이트檚 comments on the validity tests

11)聽聽聽聽聽聽 In an e-mail to the Case Manager dated 7 March 2024 the Employer made the following comments on the validity tests:

(a) Is there an existing recognition agreement covering any of the workers within the new bargaining unit? 바카라 사이트淣o.바카라 사이트�

(b) Is there 10% union membership within the new bargaining unit? 바카라 사이트淵es.바카라 사이트�

(c) Are the majority of the workers in the new bargaining unit likely to favour recognition? 바카라 사이트淯nknown but as most are in the Union this would be a presumption.바카라 사이트�

(d) Is there a competing application, from another union, where their proposed bargaining unit covers any workers in the new bargaining unit? 바카라 사이트淣o.바카라 사이트�

(e) Has there been a previous application in respect of the new bargaining unit? 바카라 사이트淯nknown but not believed to have been.바카라 사이트�

12)聽聽聽聽聽聽 The Employer did not comment on the membership report.

6. Considerations

13)聽聽聽聽聽聽 The Panel is required to decide whether the Union바카라 사이트檚 application is valid or invalid within the terms of paragraphs 43 to 50 of the Schedule. In reaching its decision the Panel has carefully considered the submissions of the parties and all the other evidence before it.

14)聽聽聽聽聽聽 The Panel is satisfied that the application is not rendered invalid by any of the provisions in paragraphs 44 and 46 to 50 of the Schedule. The remaining issue for the Panel to decide is whether the application is invalid under paragraph 45 of the Schedule.

Paragraph 45(a)

15)聽聽聽聽聽聽 Under paragraph 45(a) of the Schedule an application is invalid unless the Panel decides that members of the Union constitute at least 10 per cent of the workers in the agreed bargaining unit. The membership check conducted by the Case Manager (see paragraphs 5 to 8 above) showed that 69.23% of the workers in the agreed bargaining unit were members of the Union. As stated in paragraph 6 above, the Panel is satisfied that this check was conducted properly and impartially and in accordance with the agreement reached with the parties. The Panel has therefore decided that members of the Union constitute at least 10% of the workers in the agreed bargaining unit as required by paragraph 45(a) of the Schedule.

Paragraph 45(b)

16)聽聽聽聽聽聽 Paragraph 45(b) provides that the application in question is invalid unless the CAC decides that a majority of the workers constituting the agreed bargaining unit would be likely to favour recognition of the union as entitled to conduct collective bargaining on behalf of the bargaining unit. The Panel notes that the membership check conducted by the Case Manager (see paragraphs 5 to 8 above) showed that 69.23% of the workers in the agreed bargaining unit were Union members. The Panel also notes that the Employer has not sought to put forward any arguments that the application is invalid.

17)聽聽聽聽聽聽 The Panel, at this stage, is testing the likelihood of majority support and the evidence to support the position that the Union has established a likelihood of majority support for collective bargaining within the bargaining unit. On the basis of the evidence before it, and in the absence of any evidence to the contrary, the level of union membership constitutes sufficient evidence for the Panel to conclude that, on the balance of probabilities, a majority of the workers in the proposed bargaining unit would be likely to favour recognition of the Union as entitled to conduct collective bargaining on behalf of the bargaining unit, as required by paragraph 45(b) of the Schedule.

7. 顿别肠颈蝉颈辞苍听

18)聽聽聽聽聽聽 For the reasons given in paragraphs 13 - 17 above, the Panel바카라 사이트檚 decision is that the application is not invalid, and that the CAC is proceeding with the application.

Panel

Mr. Stuart Robertson, Panel Chair

Mr. Mustafa Faruqi

Mr. Steve Gillan.

13 March 2024