天美影院

Case Number: TUR1/1472(2025)

26 June 2025

CENTRAL ARBITRATION COMMITTEE

TRADE UNION AND LABOUR RELATIONS (CONSOLIDATION) ACT 1992

SCHEDULE A1 - COLLECTIVE BARGAINING: RECOGNITION

DECISION ON WHETHER TO ACCEPT THE APPLICATION

The Parties:

URTU

and

Lineage

1. Introduction

1)聽聽聽聽聽聽聽聽 URTU (the Union) submitted an application to the CAC on 2 June 2025 that it should be recognised for collective bargaining by Lineage (the Employer) for a bargaining unit comprising of 鈥淐lass 1 HGV drivers, Class 2 HGV drivers, and Shunter Drivers鈥� based at Hareshill Road, Heywood, OL10 2TP.聽 The CAC gave both parties notice of receipt of the application on 2 June 2025. 聽The Employer submitted a response to the CAC dated 11 June 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 Mark Pennifold and Mr Christopher Burrows.聽 The Case Manager appointed to support the Panel was Kaniza Bibi.

2. Issues

3)聽聽聽聽聽聽聽聽 The Panel is required by paragraph 15 of Schedule A1 to the Act (the Schedule) to decide whether the Union鈥檚 application to the CAC is valid within the terms of paragraphs 5 to 9; is made in accordance with paragraphs 11 or 12; is admissible within the terms of paragraphs 33 to 42; and therefore, should be accepted.

4)聽聽聽聽聽聽聽聽 The CAC Panel has extended the acceptance period in this case. The initial period expired on 16 June 2025.聽 The acceptance period was then extended to 30 June 2025 to allow a membership check to be conducted and for the parties to comment on the results before the Panel arrived at a decision.

3. Summary of the Union鈥檚 application

5)聽聽聽聽聽聽聽聽 In its application to the CAC the Union stated that it made its formal request for recognition on 2 April 2025 by email. The Employer, in its response dated 16 April 2025, rejected the Union鈥檚 claim for recognition but stated it was open to negotiation with the Union.

6)聽聽聽聽聽聽聽聽 When asked whether the Union had made a previous application under the Schedule for statutory recognition for workers in the proposed bargaining unit or a similar unit the Union answered, 鈥淣o鈥�.聽 The Union stated that, following receipt of the request for recognition, the Employer had not proposed that Acas should be requested to assist the parties.

7)聽聽聽聽聽聽聽聽 The Union stated that it did not know the total number of workers employed by the Employer but that there were 77 workers in the proposed bargaining unit, of whom 46 were Union members.

8)聽聽聽聽聽聽聽聽 Asked whether the Employer agreed on the number of workers in the proposed bargaining unit the Union answered 鈥淵es鈥�.聽 When called upon to provide evidence that the majority of the workers in the proposed bargaining unit were likely to support recognition for collective bargaining, the Union stated, 鈥淔urther to the members details held on the Unions database, please see attached driver survey confirming support for URTU recognition鈥�.

9)聽聽聽聽聽聽聽聽 The Union stated it had selected the proposed bargaining unit because 鈥淭he United Road Transport Union is a specialised Trade Union, which organises solely in the Road Transport and Logistics sector. The vast majority of its members are employed as HGV drivers and believe it is best placed, to serve the interests of its members employed within the proposed bargaining unit for collective bargaining purposes鈥�.

10)聽聽聽聽聽聽 Finally, the Union stated that there was no existing recognition agreement which covered any of the workers in the bargaining unit, it confirmed that it held a current certificate of independence, and it confirmed that it had copied the application and supporting documents to the Employer on 2 June 2025.聽聽

4. Summary of the Employer鈥檚 response to the Union鈥檚 application

11)聽聽聽聽聽聽 In its response to the Union鈥檚 application the Employer stated that it had received the Union鈥檚 written request for recognition on 8 May 2025^{[footnote 1]}. The Employer stated it had replied to the request but had not attached a copy of the reply with its response. The Union had included with its application a copy of the Employer鈥檚 reply to the formal request which was an email dated 16 May 2025 which stated, 鈥淚 am writing to inform you that we are rejecting your claim for recognition at Heywood, but we are open to negotiation with the union. I would like to request a meeting with you next week to discuss further. Please can you give us some dates you are free so we can look to find a convenient time for all parties鈥�.

12)聽聽聽聽聽聽 The Employer, when asked if it had agreed the bargaining unit with the Union before it had received a copy of the application form from the Union, stated 鈥淲e had verbally agreed it in our teams meeting of 23rd April 2025鈥�. In response to the question if it agreed the proposed bargaining unit the Employer confirmed 鈥淵es鈥�.

13)聽聽聽聽聽聽 When asked if, following receipt of the Union鈥檚 request, it had proposed that Acas should be requested to assist, the Employer answered, 鈥淣o鈥�.

14)聽聽聽聽聽聽 When asked to confirm the number of workers employed by them, the Employer confirmed, 鈥�1747 in total UK -聽 277 employees in the transport Company at Heywood 鈥� this is not solely drivers and shunters but other roles as well鈥�. When asked whether it agreed with the number of workers in the proposed bargaining unit as defined in the Union鈥檚 application the Employer answered it believed the number to be 68.

15)聽聽聽聽聽聽 The Employer said there was no existing agreement for recognition in force covering workers in the proposed bargaining unit.

16)聽聽聽聽聽聽 When invited to give its reasons if it did not consider that a majority of the workers in the bargaining unit would be likely to support recognition, the Employer did not answer this question.

17)聽聽聽聽聽聽 Finally, the Employer stated 鈥淣o鈥�, when asked it was aware of any previous application under the Schedule for statutory recognition by the Union in respect of this or a similar bargaining unit.聽聽 Asked whether it had received any other applications under the Schedule for recognition in respect of any of the workers in the proposed bargaining unit the Employer answered, 鈥淣o鈥�.

5. The check of membership and support

18)聽聽聽聽聽聽 To assist the determination of two of the admissibility criteria specified in the Schedule, namely, whether 10% of the workers in the proposed bargaining unit are members of the Union (paragraph 36(1)(a)) and whether 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 (paragraph 36(1)(b)), the Panel proposed an independent check of the level of Union membership within the proposed bargaining unit.聽 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 proposed bargaining unit, and that the Union would supply to the Case Manager a list of its paid-up members within that unit including their full names and dates of birth. It was explicitly agreed with both 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 11 June 2025 from the Case Manager to both parties.聽

19)聽聽聽聽聽聽 The information requested from the Union and Employer was received by the CAC on 12 June 2025. The Panel is satisfied that this check was conducted properly and impartially and in accordance with the agreement reached with the parties.

20)聽聽聽聽聽聽 The list supplied by the Employer showed that there were 77 workers in the proposed bargaining unit.聽 The list of members supplied by the Union contained 47 names.聽 According to the Case Manager鈥檚 report the number of Union members in the proposed bargaining unit was 45, a membership level of 58.44%.聽 A report of the result of the membership check was circulated to the Panel and the parties on 12 June 2025 and the parties鈥� comments invited.

6. Parties鈥� comments on the membership check

21)聽聽聽聽聽聽 In its comments dated 20 June 2025, the Union stated 鈥淎s reported we have 45 members (58.44% Union membership) we believe if recognition is attained our Union membership will increase further. I have been reliably informed that the company actively discourages Union membership at the site and many of the workers have been led to believe that only Lineage can decide if they can have Union recognition or not (I find this is a common misconception across many different workforces). Therefore, they ironically believe its futile to join our Union until recognition is attained. 聽We do have a petition with 61 signatures from workers at Lineage Heywood which can be made available to the CAC when requested. We are still open to discuss voluntary Union recognition with the company however, the misconceptions I mentioned are still prevalent even amongst current Union members so any delays would be detrimental. So, although we are open to enter into a voluntary recognition agreement with the company it would have to be done in an expeditious manner鈥�.

22)聽聽聽聽聽聽 The Employer did not submit any comments by the deadline imposed.

7. Considerations

23)聽聽聽聽聽聽 In determining whether to accept the application the Panel must decide whether the admissibility and validity provisions referred to in paragraph 4 above are satisfied.聽 The Panel has carefully considered the submissions of both parties and all the evidence in reaching its decision.聽

24)聽聽聽聽聽聽 The Panel is satisfied that the Union made a valid request to the Employer within the terms of paragraphs 5 to 9 of the Schedule and that its application was made in accordance with paragraph 12. Furthermore, the Panel is satisfied that the application is not rendered inadmissible by any of the provisions in paragraphs 33 to 35 and 37 to 42 of the Schedule. The remaining issues for the Panel to decide are whether the admissibility criteria contained in paragraph 36(1)(a) and paragraph 36(1)(b) are met.聽

Paragraph 36(1)(a)

25)聽聽聽聽聽聽 Under paragraph 36(1)(a) of the Schedule an application is not admissible unless the Panel decides that members of the Union constitute at least 10% of the workers in the Union鈥檚 proposed bargaining unit.聽 The membership check conducted by the Case Manager described in paragraph 20 above showed that 58.44% of the workers in the proposed bargaining unit were members of the Union. The Panel is satisfied that this check was conducted properly and impartially and in accordance with the arrangements agreed with the parties. The Panel has therefore decided that members of the Union constitute at least 10% of the workers in the proposed bargaining unit as required by paragraph 36(1)(a) of the Schedule.

Paragraph 36(1)(b)

26)聽聽聽聽聽聽 Under paragraph 36(1)(b) of the Schedule, an application is not admissible unless the Panel decides that a majority of the workers constituting 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.

27)聽聽聽聽聽聽 The Panel notes from the membership check that the majority of the workers in the proposed bargaining unit (58.44%) are members of the Union.聽 In the absence of clear and cogent evidence to the contrary, the Panel is entitled to assume that members of the Union would be likely to favour recognition of the Union to conduct collective bargaining with the Employer on their behalf.聽

28)聽聽聽聽聽聽 On the evidence before it, the Panel has decided that 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 36(1)(b) of the Schedule and accordingly, this test is also met.

8. Decision

29)聽聽聽聽聽聽 For the reasons given above, the Panel鈥檚 decision is that the application is accepted by the CAC.

Panel

Mr Rohan Pirani, Panel Chair

Mr Mark Pennifold

Mr Christopher Burrows

26 June 2025

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