Validity Decision

Question 1

1. Introduction

Accepted Answer

1)聽聽聽聽聽聽聽聽 Unite (the Union) submitted an application to the CAC dated 17 January 2025 that it should be recognised for collective bargaining purposes by Culina Logistics Limited (the Employer) for a bargaining unit comprising 鈥渁ll warehouse operatives (currently referred to as General Warehouse Operatives and Warehouse Operatives) working at the Culina Logistics Warehouse at the Port of Tilbury (Culina Logistics Ltd, Berth 45, Port of Tilbury, Tilbury, Essex RM18 7EH).鈥� The location of the bargaining unit was given as 鈥淐ulina Logistics Ltd, Berth 45, Port of Tilbury, Tilbury, Essex RM18 7EH.鈥� The application was received by the CAC on 17 January 2025 and the CAC gave both parties notice of receipt of the application that same day.聽 The Employer submitted a response to the CAC dated 24 January 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 a decision dated 3 March 2025 the Panel accepted the Union鈥檚 application.聽 Following this decision, the parties then reached agreement on the appropriate bargaining unit.聽 The agreed bargaining unit was described as 鈥淲arehouse Operatives, General Warehouse Operatives and Hygiene operatives鈥�.

Question 2

2. Issues

Accepted Answer

4)聽聽聽聽聽聽聽聽 As the agreed bargaining unit differed 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 Union鈥檚 application is invalid within the terms of paragraphs 43 to 50 of the Schedule.聽

5)聽聽聽聽聽聽聽聽 In a letter dated 31 March 2025 the parties were invited to make their submissions on the validity tests for consideration by the Panel.

Question 3

3. Union鈥檚 comments on the validity tests

Accepted Answer

6)聽聽聽聽聽聽聽聽 The Union said that the addition of hygiene operatives to the bargaining unit only increased the size of the bargaining unit by four workers. The Union said that of the four workers one was a Union member (and had also signed the petition) and the other three (who were non-members) had signed the petition in support of recognition. The Union added that both parties were in agreement that a further membership and support check would not be required as the Union would still have a membership level of at least 10% in the agreed bargaining unit and had already shown that there was a likelihood of majority support for recognition irrespective of the increase in size of the bargaining unit. The Union went on to add 鈥渢he expanded description won鈥檛 alter the maths, however I am happy to provide the up to date membership data and up to date petitions, please let me know if you require this information.鈥漒u003c/p>

Question 4

4. Employer鈥檚 comments on the validity tests

Accepted Answer

7)聽聽聽聽聽聽聽聽 The Employer stated that it accepted the previous membership check that had been carried out and did not require the CAC to carry out a further check as it accepted that the Union had at least 10% membership within the new bargaining unit, and that the previous check showed that a majority of workers even based on the new bargaining unit would be likely to favour recognition.

Question 5

5. Considerations

Accepted Answer

8)聽聽聽聽聽聽聽聽 The Panel is required to decide whether the Union鈥檚 application is invalid within the terms of paragraphs 43 to 50 of the Schedule.聽 In reaching its decision the Panel has considered carefully the submissions of the parties and all the other evidence before it.聽

9)聽聽聽聽聽聽聽聽 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.聽

Paragraph 45(a)

10)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 on 12 February 2025 showed that 29.78% of the workers in the proposed bargaining unit were members of the Union. The Employer accepts that even with the increase in size of the agreed bargaining unit by four workers this would not increase or decrease membership density to such an extent that the 10% test would not be met. 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.聽

Paragraph 45(b)

11)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 support check conducted by the Case Manager on 12 February 2025 showed that 69.12% of the workers in the proposed bargaining unit (188 out of 272 workers) had signed a petition in support of recognition of the Union.聽 Of those who had signed the petition, 59 (21.69%) were union members and 129 were non-members (47.43%). The Panel notes the Union鈥檚 comments that of the additional four workers now to be included within the bargaining all four signed the petition (one member and three non-members). The Panel believes that were this to be the case the percentage in terms of members and non-members signing the petition would only marginally increase.

12)聽聽聽聽聽聽 The Panel, at this stage, is testing the likelihood of majority support. On the basis of the evidence before it, and in the absence of any evidence to the contrary, the level of union membership and the fact that 129 (potentially 132) non-members signed the Union鈥檚 petition in favour of recognition, taken together constitutes sufficient evidence for the Panel to conclude that, on the balance of probabilities, a majority of the workers in the 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.

Question 6

6. 顿别肠颈蝉颈辞苍听

Accepted Answer

13)聽聽聽聽聽聽 For the reasons given in paragraphs 8 - 12 above, the Panel鈥檚 decision is that the application is not invalid, and that the CAC is proceeding with the application.

Panel

Mr Rohan Pirani, Panel Chair

Mr David Cadger

Mr Steve Gillan

16 April 2025

188体育