Cranberry Foods v. Unite stand-off unlikely to recur, academic

Gregor Gall, professor of industrial relations at the University of Hertfordshire, told FoodManufacture.co.uk that – plagued by declining membership in the manufacturing and service sectors – he doubted whether trade unions had the necessary financial resources to challenge companies that opposed workplace union recognition.

While “union density”​ had always been low in the private sector, Gall said, falling from 24% in 1995 to 15% in 2009, density in manufacturing specifically fell from 32% to 21% over the same period.

He said that Unite had made efforts since 2000 to grow union membership amongst employees in the white meat processing sector, moving on to red meat in 2007.

Nonetheless, the general situation regarding checks on company action ahead of unionisation ballots in the UK was “rather depressing” ​said Gall, “given that there is no legal regulation of ​what employers can and cannot do.” ​

 “The version that we have of 'unfair labour practices' since 2004 with regard to the statutory union recognition provisions is very weak and no union has been successful in using them despite substantial evidence of very questionable employer practice. ​

“The only avenue that exists ​[for aggrieved employees] would be to take out an internal grievance on something like unfair promotion​ [where workers who vote ‘No’ to unionisation have been rewarded accordingly] but the chances of success may be outweighed by getting a black mark against your name.”​

FDF response​

Responding to Gall’s concerns, Food & Drink Federation (FDF) human resources director Angela Coleshill confirmed that union membership rates had fallen amongst FDF members over the past 20 years.

However, she stressed that this was not the result of employer interventions:“Many employers continue to operate check-off via payroll and give union representatives the facilities to speak to new recruits as part of their induction process.​

“In some cases organisations have introduced employee forums to represent the whole workforce precisely because union membership has fallen so low and they have felt the need for a truly representative body.​

“Our interpretation is that employees are simply less inclined to take up union membership. Possible reasons might be that the advances in employment law leave employees less fearful of arbitrary or unreasonable management actions or the improvement in management practices, which leave employees feeling more engaged with their business and feeling less need for perceived union protection.”​

But Gall said that employers often founded employee councils with the aim of "union substitution"​, and that this was a commonplace tactic for a “hardcore minority​” of firms who also used other sharp practices to counter a perceived union threat.

“The costs of acting in this way are regarded as a price worth paying to maintain the managerial prerogative, the right to manage unilaterally.” ​

Autumn of discontent​

Friction between food manufacturers and unions is currently headline news, following strike action at Scottish tea maker Tunnock’s last week​, recent action at Coca-Cola’s Edmonton facility​ and Nestle’s ongoing pay dispute with unions.

Leading poultry processor Cranberry Foods courted controversy in mid-September,​ when it emerged that it had employed US ‘union busting’ consultancy firm The Burke Group (TBG) to advise management ahead of a workplace ballot on unionisation that would allow employees collective bargaining powers on pay, conditions and pensions.

Unite narrowly lost the vote at the Derbyshire factory, but the union alleged numerous breaches of the ETI (Ethical Trading Initiative) base code; this informs the buying practises of leading supermarkets such as Asda, which Cranberry Foods supplies.

The code contains specific provisions safeguarding rights of union association, wages, and working hours.

The ETI itself confirmed that Cranberry Foods had breached the code by merely employing TBG, a charge the company denies, while Unite also alleges intimidation and anti-union pressure.