The supermarket chain Lidl has lost its appeal over union recognition for some of its warehouse workers.
The issue arose after the GMB union applied for collective bargaining rights for “warehouse operatives working in the following sections: goods in, goods out and selection” at one of Lidl’s regional distribution centres.
The company rejected the application so the union applied to the Central Arbitration Committee (CAC) to determine whether its proposed bargaining unit was appropriate.
The CAC panel rejected Lidl’s argument that the degree of fragmentation involved would not be compatible with efficient management. It decided that the union had proposed an appropriate bargaining unit.
The company appealed on the basis that the CAC had misconstrued the law and that the ruling was inconsistent with the desirability of avoiding small fragmented bargaining units.
However, the High Court upheld the decision. It held that the CAC had considered the issues thoroughly and there had been no misinterpretation of the law. It had given reasons for finding why the proposed unit was compatible with effective management and there was no reason to overturn that decision.
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Case featured:
Lidl loses appeal over union recognition for warehouse workers
[2016] EWHC 2040 (Admin)
R (on the application of LIDL LTD) (Claimant) v CENTRAL ARBITRATION COMMITTEE (Defendant) & GMB (Interested Party) (2016)
QBD (Admin) (Lewis J) 10/08/2016