Unite the Union Magellan Aerospace
| Jurisdiction | UK Non-devolved |
| Judgment Date | 25 June 2013 |
| Court | Industrial Court (UK) |
| Judgement Number | IC52/13 |
Case Ref No: IC-52/2013
THE INDUSTRIAL COURT
THE TRADE UNION AND LABOUR RELATIONS (NORTHERN IRELAND) ORDER
1995 (AS INSERTED BY ARTICLE 3 OF THE EMPLOYMENT RELATIONS
(NORTHERN IRELAND) ORDER 1999)
SCHEDULE 1A – COLLECTIVE BARGAINING: RECOGNITION
DECISION ON WHETHER TO ACCEPT THE APPLICATION
The Parties:
Unite the Union
And
Magellan Aerospace
DECISION
Introduction
1. Unite the Union submitted an application to the Industrial Court (the Court) on 31st May
2013, for recognition at Magellan Aerospace, 11 Tullykevin Road, Greyabbey, BT22 2QE.
The bargaining unit description was, “All employees (up to level of manager) within the
shop floor, clerical and engineering groups” and the proposed bargaining unit’s location
was, “Magellan site at 11 Tullykevin Road Greyabbey”.
The application was copied to the employer on 31st May 2013 and a completed response
questionnaire was received 6th June 2013.
2. In accordance with Article 92(A) of the Industrial Relations (Northern Ireland) Order 1992,
the Industrial Court Acting Chairman established a Panel of the Court to deal with the case.
The Court consisted of Mr Barry Fitzpatrick, Chairman, and, as Members, Mr Robin Bell
and Mr Pat Masterson. The Case Manager appointed to support the Court was Mr Paul
Cassidy.
Background
3. The Union’s application gave the total number of workers employed by the employer as 76,
the number of workers in the bargaining unit as 68 and the number of union members in the
bargaining unit as 41. It was accompanied by a letter from the union to the employer dated
11th March 2013, which contained the originating request, a response from the employer,
dated 30th April 2013 and a blank petition form. The Union’s originating letter of request
described the proposed bargaining unit in identical terms as the application form.
4. The employer’s response questionnaire stated that it received the union’s originating letter
on 11th March 2013 and that the employer responded in writing on 30th April 2013. The
employer confirmed that it received a copy of the union’s application to the Court on 31st
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