Employment Relations Bill - continued        House of Lords
SCHEDULE A1, COLLECTIVE BARGAINING: RECOGNITION - continued

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  PART II
  VOLUNTARY RECOGNITION
 
Introduction
     38. This Part of this Schedule applies if-
 
 
    (a) an employer and a union (or unions) have at any time agreed that the union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of a group or groups of workers employed by the employer,
 
    (b) the union (or every union) has a certificate under section 6 that it is independent, and
 
    (c) the agreement is still effective.
     39. - (1) This paragraph applies for the purposes of this Part of this Schedule.
 
      (2) References to the bargaining unit are to the group of workers concerned (or the groups taken together).
 
      (3) References to the parties are to the union (or unions) and the employer.
 
      (4) References to collective bargaining are to negotiations relating to pay, hours and holidays; but this has effect subject to sub-paragraph (5).
 
      (5) If the parties at any time agree matters as the subject of collective bargaining, references to collective bargaining are to negotiations relating to the agreed matters; but this does not apply in construing paragraph 43(2).
 
 
Application to CAC to specify method
     40. - (1) The employer or the union (or unions) may apply to the CAC to specify a method by which the parties are to conduct collective bargaining on behalf of the bargaining unit.
 
      (2) The application is not admissible unless-
 
 
    (a) the condition in sub-paragraph (3) is satisfied, and
 
    (b) one of the conditions in sub-paragraph (4) is satisfied.
      (3) The condition is that the employer, taken with any associated employer or employers, must-
 
 
    (a) employ at least 21 workers on the day the application is made, or
 
    (b) employ an average of at least 21 workers in the 13 weeks ending with that day.
      (4) The conditions are that-
 
 
    (a) the parties have not agreed a method by which they are to conduct collective bargaining on behalf of the bargaining unit;
 
    (b) the parties have agreed such a method but have failed to carry out the agreement.
      (5) To find the average under sub-paragraph (3)(b)-
 
 
    (a) take the number of workers employed in each of the 13 weeks (including workers not employed for the whole of the week);
 
    (b) aggregate the 13 numbers;
 
    (c) divide the aggregate by 13.
      (6) For the purposes of sub-paragraph (3)(a), any worker employed by an associated company incorporated outside Great Britain must be ignored unless the day the application was made fell within a period during which he ordinarily worked in Great Britain.
 
      (7) For the purposes of sub-paragraph (3)(b), any worker employed by an associated company incorporated outside Great Britain must be ignored in relation to a week unless the whole or any part of that week fell within a period during which he ordinarily worked in Great Britain.
 
      (8) For the purposes of sub-paragraphs (6) and (7), a worker who is employed on board a ship registered in the United Kingdom shall be treated as ordinarily working in Great Britain unless-
 
 
    (a) the ship is registered at a port outside Great Britain,
 
    (b) the employment is wholly outside Great Britain, or
 
    (c) the worker is not ordinarily resident in Great Britain.
     41. - (1) An application to the CAC is not admissible unless-
 
 
    (a) it is made in such form as the CAC specifies, and
 
    (b) it is supported by such documents as the CAC specifies.
      (2) An application to the CAC is not admissible unless the applicant gives to the other party-
 
 
    (a) notice of the application, and
 
    (b) a copy of the application and any documents supporting it.
      (3) In this paragraph-
 
 
    (a) the reference to the applicant is to the union (or unions) or to the employer making the application;
 
    (b) the reference to the other party is to the employer or to the union (or unions).
 
CAC's response to application
     42. - (1) The CAC must give notice to the parties of receipt of an application under paragraph 40.
 
      (2) Within the acceptance period the CAC must decide whether the application is admissible within the terms of paragraphs 40 and 41.
 
      (3) In deciding whether an application is admissible the CAC must consider any evidence which it has been given by the employer or the union (or unions).
 
      (4) If the CAC decides that the application is not admissible-
 
 
    (a) the CAC must give notice of its decision to the parties,
 
    (b) the CAC must not accept the application, and
 
    (c) no further steps are to be taken under this Part of this Schedule.
      (5) If the CAC decides that the application is admissible it must-
 
 
    (a) accept the application, and
 
    (b) give notice of the acceptance to the parties.
      (6) The acceptance period is-
 
 
    (a) the period of 10 working days starting with the day the CAC receives the application, or
 
    (b) such longer period (so starting) as the CAC may specify to the parties by notice containing reasons for the extension.
     43. - (1) If the CAC accepts an application it must try to help the parties to reach in the agreement period an agreement on a method by which they will conduct collective bargaining.
 
      (2) If at the end of the agreement period the parties have not made such an agreement the CAC must specify to the parties the method by which they are to conduct collective bargaining.
 
      (3) Any method specified under sub-paragraph (2) is to have effect as if it were contained in a legally enforceable contract made by the parties.
 
      (4) But if the parties agree in writing-
 
 
    (a) that sub-paragraph (3) shall not apply, or shall not apply to particular parts of the method specified by the CAC, or
 
    (b) to vary or replace the method specified by the CAC,
  the written agreement shall have effect as a legally enforceable contract made by the parties.
 
      (5) Specific performance shall be the only remedy available for breach of anything which is a legally enforceable contract by virtue of this paragraph.
 
      (6) If at any time before a specification is made under sub-paragraph (2) the parties jointly apply to the CAC requesting it to stop taking steps under this paragraph, the CAC must comply with the request.
 
      (7) The agreement period is-
 
 
    (a) the period of 28 days starting with the day after that on which the CAC gives notice of acceptance the application, or
 
    (b) such longer period (so starting) as the parties may from time to time agree.
 
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