Union rights ruling is overturned

A HIGH Court judge today threw a spanner in the works of a union's bid for recognition at branches of Kwik-Fit's car repair chain.

Mr Justice Elias, in a judgment with important implications for other firms and organisations, quashed an arbitration ruling that all the company's centres within the M25 London area made up 'an appropriate unit' for bargaining on employees' rights.

In December, the Central Arbitration Committee (CAC) ruled that defining a bargaining unit as being within a geographical area was not contrary to the principle of the unit being 'compatible with effective management'.

The judge said that Parliament could never have intended the CAC to have such 'wide and arbitrary discretion' in making the decision and sent the matter back to be reconsidered by a different CAC panel.

Mr Justice Elias said he found it 'surprising' that a definition of an 'effective bargaining unit' had not been 'unambiguously spelt out' in legislation.

Kwik-Fit had argued that a bargaining unit should only be so big that the company can maintain effective management.

The T&G said that the ruling meant they would now have to call off a ballot over union recognition of over 650 employees up to and including depot managers at the company's 110 centres within the M25 area.

Union regional organiser Steve Hart said outside court: 'Naturally we are disappointed that our members and Kwik-Fit employees will not be able to vote on February 18.

'We are very confident we shall be successful at a forthcoming CAC hearing which we believe will reiterate the original decision and ensure Kwik-Fit employees are given the vote and able to have collective bargaining.'