The Burke Group - Cable and Wireless Case Study

Cable and Wireless Case Study

In May 2007, the Communication Workers Union (CWU) in the UK petitioned Cable and Wireless (C&W) for "automatic recognition" of their Field Service team by filing form 1A which defines and describes the potential unit to the CAC (Central Arbitration Committee). After review, CAC sanctioned the unit. However C&W Worldwide decided to challenge the decision due to the relatively small size of the unit and concerns about potential fragmentation.

In August 2007, reps employed by the Communication Workers Union were assigned at Cable and Wireless to provide guidance to employees regarding joining their union,. Cable and Wireless also employed reps to provide guidance to C&W management. But according to an article in The Guardian, the Communication Workers Union expressed "shock" saying that such hiring "can only lead to an atmosphere of bitterness and resentment."

In April 2008, after a review of the “appropriate bargaining unit”, the CAC ordered a workforce ballot election process (as opposed to automatic recognition) as the best way to decide the most appropriate form of representation. The subsequent ballot election resulted in a 92% turnout of the Cable and Wireless Field Services team where 77% voted against the Communication Worker’s Union as their representative for collective bargaining.

In May 2009, to dispute the outcome of the ballot election, the Communication Workers Union filed a complaint to the CAC and The Joint Committee on Human Rights. Annotated from evidence presented at the hearing:

“The Burke Group (TBG) was engaged by Cable and Wireless to advise them on the statutory recognition process because it was complex and unfamiliar to Cable and Wireless. TBG helped Cable and Wireless to implement a "fact-based" approach to the ballot process which enabled managers to inform their teams about the union recognition process and what it would mean for them. The Burke Group did not engage directly with employees in the bargaining unit, and they supported the ballot process. Both C&W and CWU had equal access to employees and colleagues during the 20 day ballot process.”

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