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

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  PART V
  DERECOGNITION WHERE RECOGNITION AUTOMATIC
 
Introduction
     95. - (1) This Part of this Schedule applies if-
 
 
    (a) the CAC has issued a declaration under paragraph 19(2) that a union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of a bargaining unit, and
 
    (b) the parties have agreed under paragraph 26 or 27 a method by which they will conduct collective bargaining.
      (2) In such a case references in this Part of this Schedule to the bargaining arrangements are to-
 
 
    (a) the declaration, and
 
    (b) the parties' agreement.
     96. - (1) This Part of this Schedule also applies if-
 
 
    (a) the CAC has issued a declaration under paragraph 19(2) that a union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of a bargaining unit, and
 
    (b) the CAC has specified to the parties under paragraph 27(3) the method by which they are to conduct collective bargaining.
      (2) In such a case references in this Part of this Schedule to the bargaining arrangements are to-
 
 
    (a) the declaration, and
 
    (b) anything effective as, or as if contained in, a legally enforceable contract by virtue of paragraph 27.
     97. - (1) This Part of this Schedule also applies if the CAC has issued a declaration under paragraph 67(2) that a union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of a bargaining unit.
 
      (2) In such a case references in this Part of this Schedule to the bargaining arrangements are to -
 
 
    (a) the declaration, and
 
    (b) paragraph 67(6)(b).
     98. For the purposes of this Part of this Schedule the relevant date is the date of the expiry of the period of 3 years starting with the date of the CAC's declaration.
 
     99. References in this Part of this Schedule to the parties are to the employer and the union (or unions) concerned.
 
 
Employer's request to end arrangements
     100. - (1) The employer may after the relevant date request the union (or each of the unions) to agree to end the bargaining arrangements.
 
      (2) The request is not valid unless it-
 
 
    (a) is in writing,
 
    (b) identifies the bargaining arrangements,
 
    (c) states that it is made under this Schedule, and
 
    (d) states that fewer than half of the workers constituting the bargaining unit are members of the union (or unions).
     101. - (1) If before the end of the negotiation period the parties agree to end the bargaining arrangements no further steps are to be taken under this Part of this Schedule in relation to the request.
 
      (2) If no such agreement is made before the end of the negotiation period, the employer may apply to the CAC for the holding of a secret ballot to decide whether the bargaining arrangements should be ended.
 
      (3) The negotiation period is the period of 10 working days starting with the day after-
 
 
    (a) the day on which the union receives the request, or
 
    (b) the last day on which any of the unions receives the request;
  or such longer period (so starting) as the parties may from time to time agree.
 
     102. - (1) An application to the CAC under paragraph 101 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 under paragraph 101 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.
     103. - (1) An application to the CAC under paragraph 101 is not admissible unless the CAC is satisfied that fewer than half of the workers constituting the bargaining unit are members of the union (or unions).
 
      (2) The CAC must give reasons for the decision.
 
     104. - (1) The CAC must give notice to the parties of receipt of an application under paragraph 101.
 
      (2) Within the acceptance period the CAC must decide whether-
 
 
    (a) the request is valid within the terms of paragraph 100, and
 
    (b) the application is admissible within the terms of paragraphs 102 and 103.
      (3) In deciding those questions the CAC must consider any evidence which it has been given by the parties.
 
      (4) If the CAC decides that the request is not valid or 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 request is valid and 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.
 
Ballot on derecognition
     105. - (1) Paragraph 90 applies if the CAC accepts an application under paragraph 101 (as well as in the cases mentioned in paragraph 90(1) and (2)).
 
      (2) Paragraphs 91 to 94 apply accordingly, but as if-
 
 
    (a) the reference in paragraph 92(2)(a) to paragraph 81 or 82 were to paragraph 81, 82 or 101;
 
    (b) the reference in paragraph 94(4) to paragraph 81, 82 or 86 were to paragraph 81, 82, 86 or 101.
 
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