Failure to appoint or elect reps
[ch 6: pages 34-35]The first of two complaints to the CAC about Wincanton Container Logistics in 2011 concerned the company’s alleged failure to arrange for the election or appointment of negotiating reps, and to ballot to elect ICE reps.
A valid employee request was made on 15 October 2010. The company accepted that it was under an obligation to conduct negotiations to reach agreement, but did not do so. It held Driver Representative meetings twice a year and said that a meeting on 1 December 2010 had agreed to draft an “Information & Consultation Agreement” confirming arrangements already in place. A meeting was arranged to discuss the draft agreement on 18 May 2011.
Mr Burgar, who brought the complaint, said no negotiations had taken place. The first meeting “was held under the present, non-compliant, arrangements”, while the second was to discuss a draft prepared by the employer without input from the employees.
The CAC agreed that the complaint was well-founded and ordered the employer to arrange for the holding of a ballot. As the time period for negotiating an agreement had passed, it was required to elect the relevant number of information and consultation reps under the standard information and consultation provisions (see page 40).
Wincanton Container Logistics 19 April 2011 I&C/38/2011