Employment Relations Bill - continued        House of Lords
SCHEDULE A1, COLLECTIVE BARGAINING: RECOGNITION - continued
PART III, CHANGES AFFECTING BARGAINING UNIT - continued

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Position where CAC decides new unit
     64. - (1) This paragraph applies if the CAC gives notice under paragraph 51 or paragraph 60 of-
 
 
    (a) a decision that the original unit is no longer an appropriate bargaining unit, and
 
    (b) a decision as to the bargaining unit which is appropriate (the new unit).
      (2) The CAC must decide whether the following conditions are fulfilled-
 
 
    (a) at least one worker falling within the new unit also falls within another bargaining unit;
 
    (b) the other unit is not the original unit;
 
    (c) a union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of the workers constituting the other unit.
      (3) If the CAC decides that the conditions specified in sub-paragraph (2) are fulfilled-
 
 
    (a) the CAC must issue a declaration that the relevant bargaining arrangements, so far as relating to workers falling within the new unit, are to cease to have effect on a date specified by the CAC in the declaration, and
 
    (b) the relevant bargaining arrangements shall cease to have effect accordingly.
      (4) The relevant bargaining arrangements are-
 
 
    (a) the bargaining arrangements relating to the original unit, and
 
    (b) the bargaining arrangements relating to the other unit.
      (5) The bargaining arrangements relating to the original unit are the bargaining arrangements as defined in paragraph 44 or 45.
 
      (6) The bargaining arrangements relating to the other unit are-
 
 
    (a) the agreement or declaration recognising a union (or unions) as entitled to conduct collective bargaining on behalf of the workers constituting the other unit, and
 
    (b) the provisions relating to the collective bargaining method.
      (7) For this purpose the provisions relating to the collective bargaining method are-
 
 
    (a) any agreement by the employer and the union (or unions) as to the method by which collective bargaining is to be conducted with regard to the other unit,
 
    (b) anything effective as, or as if contained in, a legally enforceable contract and relating to the method by which collective bargaining is to be conducted with regard to the other unit, or
 
    (c) any provision of this Part of this Schedule that a method of collective bargaining is to have effect with regard to the other unit.
     65. - (1) If the CAC decides that the conditions specified in paragraph 64(2) are not fulfilled it must-
 
 
    (a) decide whether the difference between the original unit and the new unit is such that the support of the union (or unions) within the new unit needs to be assessed, and
 
    (b) inform the parties of its decision.
      (2) If the CAC's decision is that such support does not need to be assessed-
 
 
    (a) the CAC must issue a declaration that the union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of the new unit;
 
    (b) the declaration shall have effect in place of any declaration or agreement that the union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of the original unit;
 
    (c) the method of collective bargaining relating to the original unit shall have effect in relation to the new unit, with any modifications which the CAC considers necessary to take account of the change of bargaining unit and specifies in the declaration.
     66. - (1) This paragraph applies if the CAC decides under paragraph 65(1) that the support of the union (or unions) within the new unit needs to be assessed.
 
      (2) The CAC must decide these questions-
 
 
    (a) whether members of the union (or unions) constitute at least 10 per cent of the workers constituting the new unit;
 
    (b) whether a majority of the workers constituting the new unit would be likely to favour recognition of the union (or unions) as entitled to conduct collective bargaining on behalf of the new unit.
      (3) If the CAC decides one or both of the questions in the negative-
 
 
    (a) the CAC must issue a declaration that the bargaining arrangements are to cease to have effect on a date specified by the CAC in the declaration, and
 
    (b) the bargaining arrangements shall cease to have effect accordingly.
     67. - (1) This paragraph applies if-
 
 
    (a) the CAC decides both the questions in paragraph 66(2) in the affirmative, and
 
    (b) the CAC is satisfied that a majority of the workers constituting the new unit are members of the union (or unions).
      (2) The CAC must issue a declaration that the union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of the workers constituting the new unit.
 
      (3) But if any of the three qualifying conditions is fulfilled, instead of issuing a declaration under sub-paragraph (2) the CAC must give notice to the parties that it intends to arrange for the holding of a secret ballot in which the workers constituting the new unit are asked whether they want the union (or unions) to conduct collective bargaining on their behalf.
 
      (4) These are the three qualifying conditions-
 
 
    (a) the CAC is satisfied that a ballot should be held in the interests of good industrial relations;
 
    (b) a significant number of the union members within the new unit inform the CAC that they do not want the union (or unions) to conduct collective bargaining on their behalf;
 
    (c) membership evidence is produced which leads the CAC to conclude that there are doubts whether a significant number of the union members within the new unit want the union (or unions) to conduct collective bargaining on their behalf.
      (5) For the purposes of sub-paragraph (4)(c) membership evidence is-
 
 
    (a) evidence about the circumstances in which union members became members;
 
    (b) evidence about the length of time for which union members have been members, in a case where the CAC is satisfied that such evidence should be taken into account.
      (6) If the CAC issues a declaration under sub-paragraph (2)-
 
 
    (a) the declaration shall have effect in place of any declaration or agreement that the union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of the original unit;
 
    (b) the method of collective bargaining relating to the original unit shall have effect in relation to the new unit, with any modifications which the CAC considers necessary to take account of the change of bargaining unit and specifies in the declaration.
     68. - (1) This paragraph applies if-
 
 
    (a) the CAC decides both the questions in paragraph 66(2) in the affirmative, and
 
    (b) the CAC is not satisfied that a majority of the workers constituting the new unit are members of the union (or unions).
      (2) The CAC must give notice to the parties that it intends to arrange for the holding of a secret ballot in which the workers constituting the new unit are asked whether they want the union (or unions) to conduct collective bargaining on their behalf.
 
     69. - (1) If the CAC gives notice under paragraph 67(3) or 68(2) the union (or unions) may within the notification period notify the CAC that the union does not (or unions do not) want the CAC to arrange for the holding of the ballot; and the notification period is the period of 10 working days starting with the day on which the union (or last of the unions) receives the CAC's notice.
 
      (2) If the CAC is so notified-
 
 
    (a) it must not arrange for the holding of the ballot,
 
    (b) it must inform the parties that it will not arrange for the holding of the ballot, and why,
 
    (c) it must issue a declaration that the bargaining arrangements are to cease to have effect on a date specified by it in the declaration, and
 
    (d) the bargaining arrangements shall cease to have effect accordingly.
      (3) If the CAC is not so notified it must arrange for the holding of the ballot.
 
      (4) Paragraph 21 applies if the CAC arranges under this paragraph for the holding of a ballot (as well as if the CAC arranges under paragraph 19 or 20 for the holding of a ballot).
 
      (5) Paragraphs 22 to 25 apply accordingly, but as if references to the bargaining unit were references to the new unit.
 
      (6) If as a result of the ballot the CAC issues a declaration that the union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of the new unit-
 
 
    (a) the declaration shall have effect in place of any declaration or agreement that the union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of the original unit;
 
    (b) the method of collective bargaining relating to the original unit shall have effect in relation to the new unit, with any modifications which the CAC considers necessary to take account of the change of bargaining unit and specifies in the declaration.
      (7) If as a result of the ballot the CAC issues a declaration that the union is (or unions are) not entitled to be recognised as entitled to conduct collective bargaining on behalf of the new unit-
 
 
    (a) the CAC must state in the declaration the date on which the bargaining arrangements are to cease to have effect, and
 
    (b) the bargaining arrangements shall cease to have effect accordingly.
 
Applications under this Part
     70. - (1) An application to the CAC under this Part of this Schedule 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 which is made by a union (or unions) to the CAC under this Part of this Schedule is not admissible unless the union gives (or unions give) to the employer-
 
 
    (a) notice of the application, and
 
    (b) a copy of the application and any documents supporting it.
      (3) An application which is made by an employer to the CAC under this Part of this Schedule is not admissible unless the employer gives to the union (or each of the unions)-
 
 
    (a) notice of the application, and
 
    (b) a copy of the application and any documents supporting it.
 
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Prepared 14 April 1999