Employment Relations Bill -
Amendments to be debated in the House of Lords
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95*     Page 33, line 23, at end insert--
 
    ("(4)  An outside bargaining unit is a bargaining unit which fulfils these conditions--
    (a)  it is not the original unit;
    (b)  a union is (or unions are) recognised as entitled to conduct collective bargaining on its behalf;
    (c)  the union (or at least one of the unions) is not a party referred to in paragraph 44 or 45.")
 
96*     Page 33, line 27, leave out ("which differs") and insert ("or units differing") 
97*     Page 33, line 32, leave out ("appropriate or that no other unit is") and insert ("or units are") 
98*     Page 33, line 44, leave out ("whether another bargaining unit is appropriate, and what the unit is,") and insert ("what other bargaining unit is or units are appropriate") 
99*     Page 33, line 46, after ("unit") insert ("or units") 
100*     Page 34, line 6, at end insert --
 
    ("(5A)  If the CAC decides that two or more bargaining units are appropriate its decision must be such that no worker falls within more than one of them.")
 
101*     Page 34, line 14, leave out ("in relation to the application under paragraph 47") 
102*     Page 34, leave out lines 15 to 22 
103*     Page 34, line 25, after ("is") insert ("(or units which are)") 
104*     Page 34, line 25, at end insert --
 
    ("54A.--(1) This paragraph applies if --
    (a)  the parties agree under paragraph 50 a bargaining unit or units differing from the original unit,
    (b)  paragraph 50(1A) does not apply, and
    (c)  at least one worker falling within the original unit does not fall within the new unit (or any of the new units).
    (2)  In such a case --
    (a)  the CAC must issue a declaration that the bargaining arrangements, so far as relating to the worker or workers mentioned in sub-paragraph (1)(c), 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.")
 
105*     Page 34, leave out lines 27 to 30 and insert--
 
    ("(1)  If the employer--
    (a)  believes that the original unit has ceased to exist, and
    (b)  wishes the bargaining arrangements to cease to have effect,
he must give the union (or each of the unions) a notice complying with sub-paragraph (2) and must give a copy of the notice to the CAC.")
 
106*     Page 34, line 37, after ("day") insert ("after that") 
107*     Page 34, leave out lines 39 to 41 and insert--
 
    ("(3)  Within the validation period the CAC must decide whether the notice complies with sub-paragraph (2).
 
    (4)  If the CAC decides that the notice does not comply with sub-paragraph (2)--
    (a)  the CAC must give the parties notice of its decision, and
    (b)  the employer's notice shall be treated as not having been given.
    (5)  If the CAC decides that the notice complies with sub-paragraph (2) it must give the parties notice of the decision.
 
    (6)  The bargaining arrangements shall cease to have effect on the date specified under sub-paragraph (2)(d) if--
    (a)  the CAC gives notice under sub-paragraph (5), and
    (b)  the union does not (or unions do not) apply to the CAC under paragraph 56.
    (7)  The validation period is--
    (a)  the period of 10 working days starting with the day after that on which the CAC receives the copy of the notice, or
    (b)  such longer period (so starting) as the CAC may specify to the parties by notice containing reasons for the extension.")
 
108*     Page 34, line 43, leave out ("a notice is given which purports to be given under paragraph 55") and insert ("the CAC gives notice under paragraph 55(5)") 
109*     Page 34, line 44, after ("day") insert ("after that") 
110*     Page 34, line 46, leave out ("one or more of") 
111*     Page 35, leave out line 2 
112*     Page 35, line 27, after ("day") insert ("after that on which") 
113*     Page 35, line 33, leave out ("question or") 
114*     Page 35, line 35, leave out ("question or") 
115*     Page 35, leave out lines 37 to 40 
116*     Page 35, line 41, leave out ("that the employer's notice is given in accordance with paragraph 55 and") 
117*     Page 35, line 46, leave out ("that the employer's notice is given in accordance with paragraph 55,") 
118*     Page 35, line 47, leave out ("there is no evidence") and insert ("it is not the case") 
119*     Page 36, line 2, leave out ("that the employer's notice is given in accordance with paragraph 55,") 
120*     Page 36, line 3, leave out ("there is prima facie evidence that") 
121*     Page 36, line 8, after ("day") insert ("after that on which") 
122*     Page 36, line 17, leave out ("(the new unit) which differs") and insert ("or units (the new unit or units) differing") 
123*     Page 36, line 19, at end insert--
 
    ("(1A)  If in the CAC's opinion the new unit (or any of the new units) contains at least one worker falling within an outside bargaining unit no further steps are to be taken under this Part of this Schedule.")
 
124*     Page 36, leave out line 20 and insert ("If sub-paragraph (1A) does not apply--") 
125*     Page 36, line 23, at end insert ("or units") 
126*     Page 36, line 24, at beginning insert ("so far as it affects workers in the new unit (or units) who fall within the original unit,") 
127*     Page 36, line 28, after ("unit") insert ("or units") 
128*     Page 36, line 35, at end insert--
 
    ("(4)  An outside bargaining unit is a bargaining unit which fulfils these conditions--
    (a)  it is not the original unit;
    (b)  a union is (or unions are) recognised as entitled to conduct collective bargaining on its behalf;
    (c)  the union (or at least one of the unions) is not a party referred to in paragraph 44 or 45.")
 
129*     Page 36, line 39, leave out ("which differs") and insert ("or units differing") 
130*     Page 36, line 40, leave out from beginning to end of line 4 on page 37 and insert--
 
    ("(2)  During the second period the CAC--
    (a)  must decide what other bargaining unit is or units are appropriate;
    (b)  must give notice of its decision to the parties.")
 
131*     Page 37, line 5, leave out ("whether another bargaining unit is appropriate, and what the unit is,") and insert ("what other bargaining unit is or units are appropriate") 
132*     Page 37, line 7, after ("unit") insert ("or units") 
133*     Page 37, line 17, at end insert --
 
    ("(5A)  If the CAC decides that two or more bargaining units are appropriate its decision must be such that no worker falls within more than one of them.")
 
134*     Page 37, leave out lines 23 to 26 
135*     Page 37, leave out lines 27 to 34 
136*     Page 37, leave out lines 36 and 37 and insert ("a decision as to the bargaining unit which is (or units which are) appropriate.") 
137*     Page 37, line 37, at end insert --
 
    ("63A.--(1) This paragraph applies if --
    (a)  the parties agree under paragraph 59 a bargaining unit or units differing from the original unit,
    (b)  paragraph 59(1A) does not apply, and
    (c)  at least one worker falling within the original unit does not fall within the new unit (or any of the new units).
    (2)  In such a case --
    (a)  the CAC must issue a declaration that the bargaining arrangements, so far as relating to the worker or workers mentioned in sub-paragraph (1)(c), are to cease to have effect on a date specified by the CAC in the declaration, and
    (c)  the bargaining arrangements shall cease to have effect accordingly.")
 
138*     Page 37, line 39, leave out ("or paragraph 60") 
139*     Page 37, line 42, leave out ("(the new unit)") and insert ("or units which are appropriate") 
140*     Page 37, line 42, at end insert--
 
    ("(1A)  This paragraph also applies if the CAC gives notice under paragraph 60 of a decision as to the bargaining unit which is appropriate or units which are appropriate.
 
    (1B)  The CAC--
    (a)  must proceed as stated in paragraphs 64A to 69 with regard to the appropriate unit (if there is one only), or
    (b)  must proceed as stated in paragraphs 64A to 69 with regard to each appropriate unit separately (if there are two or more).
    (1C)  References in those paragraphs to the new unit are to the appropriate unit under consideration.")
 
141*     Page 37, leave out lines 43 to 48 
142*     Page 38, leave out lines 1 and 2 and insert--
 
    ("64A.--(1) If in the CAC's opinion the new unit contains at least one worker falling within an outside bargaining unit--")
 
143*     Page 38, line 10, leave out ("other") and insert ("outside") 
144*     Page 38, line 13, leave out ("other") and insert (outside") 
145*     Page 38, line 14, leave out ("agreement or") 
146*     Page 38, line 16, leave out ("other") and insert ("outside") 
147*     Page 38, line 21, leave out ("other") and insert ("outside") 
148*     Page 38, line 25, leave out ("other") and insert ("outside") 
149*     Page 38, line 27, leave out ("other") and insert ("outside") 
150*     Page 38, line 27, at end insert--
 
    ("(8)  An outside bargaining unit is a bargaining unit which fulfils these conditions--
    (a)  it is not the original unit;
    (b)  a union is (or unions are) recognised as entitled to conduct collective bargaining on its behalf by virtue of a declaration of the CAC;
    (c)  the union (or at least one of the unions) is not a party referred to in paragraph 44 or 45.
    (9)  The date specified under sub-paragraph (3)(a) must be--
    (a)  the date on which the relevant period expires, or
    (b)  if the CAC believes that to maintain the relevant bargaining arrangements would be impracticable or contrary to the interests of good industrial relations, the date after the date on which the declaration is issued;
and the relevant period is the period of 65 working days starting with the day after that on which the declaration is issued.")
 
151*     Page 38, line 27, at end insert--
 
    ("64B.--(1) This paragraph applies if--
    (a)  the CAC issues a declaration under paragraph 64A, and
    (b)  in the CAC's opinion the outside bargaining unit contains at least one worker not falling within the new unit.
    (2)  In this paragraph--
    (a)  references to the residual unit are to the worker or workers falling within the outside bargaining unit but not within the new unit;
    (b)  references to the outside union (or unions) are to the union (or unions) recognised as entitled to conduct collective bargaining on behalf of the outside bargaining unit.
    (3)  The CAC may issue a declaration that the outside union is (or outside unions are) recognised as entitled to conduct collective bargaining on behalf of the residual unit.
 
    (4)  But no such declaration may be issued if the CAC has received an application under paragraph 47 or 56 in relation to the outside bargaining unit.
 
    (5)  If the CAC issues a declaration under this paragraph--
    (a)  the declaration shall have effect in place of the existing declaration that the outside union is (or outside unions are) recognised as entitled to conduct collective bargaining on behalf of the outside bargaining unit, so far as the existing declaration relates to the residual unit;
    (b)  the method of collective bargaining relating to the outside bargaining unit shall have effect in relation to the residual unit, with any modifications which the CAC considers necessary to take account of the change of bargaining unit and specifies in the declaration.")
 
152*     Page 38, line 28, leave out from ("If") to ("it") in line 29 and insert ("the CAC's opinion is not that mentioned in paragraph 64A(1)") 
153*     Page 38, line 38, at beginning insert ("so far as it affects workers in the new unit who fall within the original unit,") 
154*     Page 39, line 2, after ("arrangements") insert (", so far as relating to workers falling within the new unit,") 
155*     Page 39, line 34, at beginning insert ("so far as it affects workers in the new unit who fall within the original unit,") 
156*     Page 40, line 1, after ("day") insert ("after that") 
157*     Page 40, line 7, after ("arrangements") insert (", so far as relating to workers falling within the new unit,") 
158*     Page 40, line 12, leave out ("19 or 20") and insert ("20A") 
159*     Page 40, line 19, at beginning insert ("so far as it affects workers in the new unit who fall within the original unit,") 
160*     Page 40, line 30, after ("arrangements") insert (", so far as relating to workers falling within the new unit,") 
161*     Page 40, line 31, at end insert --
 
    ("69A.--(1) This paragraph applies if --
    (a)  the CAC decides an appropriate bargaining unit or units under paragraph 51 or 60, and
    (b)  at least one worker falling within the original unit does not fall within the new unit (or any of the new units).
    (2)  In such a case --
    (a)  the CAC must issue a declaration that the bargaining arrangements, so far as relating to the worker or workers mentioned in sub-paragraph (1)(b), 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.")
 
162*     Page 41, leave out lines 40 to 45 and insert--
 
    ("(1)  This paragraph applies if--
    (a)  the employer believes that he, taken with any associated employer or employers, employed an average of fewer than 21 workers in any period of 13 weeks, and
    (b)  that period ends on or after the relevant date.
    (1A)  If the employer wishes the bargaining arrangements to cease to have effect, he must give the union (or each of the unions) a notice complying with sub-paragraph (2) and must give a copy of the notice to the CAC.")
 
  
BY THE BARONESS MILLER OF HENDON
THE BARONESS DENTON OF WAKEFIELD
THE BARONESS SECCOMBE
 
163     Page 41, line 44, leave out ("21") and insert ("50") 
  
BY THE LORD SIMON OF HIGHBURY
 
164*     Page 41, line 47, at end insert--
    ("(aa)  specifies the period of 13 weeks in question,")
 
165*     Page 41, line 48, at end insert--
    ("(ba)  is given within the period of 5 working days starting with the day after the last day of the specified period of 13 weeks,")
 
166*     Page 42, line 2, leave out ("period of 13 weeks ending with the day preceding that on which the notice is given") and insert ("specified period of 13 weeks") 
167*     Page 42, line 6, after ("day") insert ("after that") 
168*     Page 42, leave out lines 8 to 10 
169*     Page 42, line 12, leave out ("period of 13 weeks ending with the day preceding that on which the notice is given") and insert ("specified period of 13 weeks") 
170*     Page 42, line 27, at end insert--
 
    ("(7)  An order made under paragraph 6(6) may also--
    (a)  provide that sub-paragraphs (1) to (6) of this paragraph and paragraphs 76 to 78 are not to apply, or are not to apply in specified circumstances, or
    (b)  vary the number of workers for the time being specified in sub-paragraphs (1)(b) and (2)(c).")
 
171*     Page 42, line 27, at end insert--
 
    ("75A.--(1) Within the validation period the CAC must decide whether the notice complies with paragraph 75(2).
 
    (2)  If the CAC decides that the notice does not comply with paragraph 75(2)--
    (a)  the CAC must give the parties notice of its decision, and
    (b)  the employer's notice shall be treated as not having been given.
    (3)  If the CAC decides that the notice complies with paragraph 75(2) it must give the parties notice of the decision.
 
    (4)  The bargaining arrangements shall cease to have effect on the date specified under paragraph 75(2)(d) if--
    (a)  the CAC gives notice under sub-paragraph (3), and
    (b)  the union does not (or unions do not) apply to the CAC under paragraph 76.
    (5)  The validation period is--
    (a)  the period of 10 working days starting with the day after that on which the CAC receives the copy of the notice, or
    (b)  such longer period (so starting) as the CAC may specify to the parties by notice containing reasons for the extension.")
 
172*     Page 42, line 29, leave out ("a notice is given which purports to be given under paragraph 75") and insert ("the CAC gives notice under paragraph 75A(3)") 
173*     Page 42, line 30, after ("day") insert ("after that") 
174*     Page 42, line 32, leave out from first ("whether") to end of line 34 and insert ("the period of 13 weeks specified under paragraph 75(2)(aa) ends on or after the relevant date and whether the statement made under paragraph 75(2)(c) is correct") 
175*     Page 42, line 35, leave out ("to the CAC") 
176*     Page 42, line 38, leave out ("to the CAC") 
177*     Page 43, leave out lines 5 and 6 and insert--
 
    ("(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.")
 
178*     Page 43, line 8, after ("day") insert ("after that on which") 
179*     Page 43, line 14, leave out from ("the") to end of line 16 and insert ("questions whether the period of 13 weeks specified under paragraph 75(2)(aa) ends on or after the relevant date and whether the statement made under paragraph 75(2)(c) is correct") 
180*     Page 43, line 17, leave out ("question (or questions)") and insert ("questions") 
181*     Page 43, line 19, leave out ("paragraph 75(1)(b) is fulfilled and that the notice is given in accordance with paragraph 75") and insert ("the period of 13 weeks specified under paragraph 75(2)(aa) ends on or after the relevant date and that the statement made under paragraph 75(2)(c) is correct") 
182*     Page 43, line 22, leave out ("paragraph 75(1)(b) is not fulfilled or that the notice is not given in accordance with paragraph 75, the notice") and insert ("the period of 13 weeks specified under paragraph 75(2)(aa) does not end on or after the relevant date or that the statement made under paragraph 75(2)(c) is not correct, the notice under paragraph 75") 
183*     Page 43, line 26, after ("day") insert ("after that on which") 
184*     Page 43, line 34, leave out ("84") and insert ("85") 
185*     Page 43, line 38, at end insert--
    ("(aa)  is received by the union (or each of the unions),")
 
  
BY THE BARONESS MILLER OF HENDON
THE BARONESS DENTON OF WAKEFIELD
THE BARONESS SECCOMBE
 
186     Page 43, line 40, at end insert (", and
    (d) states the reasons why the employer seeks to end the bargaining arrangements.")
 
  
BY THE LORD SIMON OF HIGHBURY
 
187*     Page 43, line 43, leave out ("in relation to the request") 
188*     Page 44, line 1, leave out ("in the second period") 
189*     Page 44, line 3, leave out ("in") and insert ("before the end of") 
190*     Page 44, line 4, leave out ("in relation to the request") 
  
BY THE BARONESS MILLER OF HENDON
THE BARONESS DENTON OF WAKEFIELD
THE BARONESS SECCOMBE
 
191     Page 44, line 7, leave out ("10") and insert ("20") 
  
BY THE LORD SIMON OF HIGHBURY
 
192*     Page 44, line 11, leave out ("28") and insert ("20 working") 
193*     Page 44, line 25, leave out ("in") and insert ("before the end of") 
  
BY THE BARONESS MILLER OF HENDON
THE BARONESS DENTON OF WAKEFIELD
THE BARONESS SECCOMBE
 
194     Page 44, line 28, leave out ("10") and insert ("20") 
  
BY THE LORD SIMON OF HIGHBURY
 
195*     Page 44, line 31, leave out ("and the employer rejects the proposal") and insert ("and--
    (a)  the employer rejects the proposal, or
    (b)  the employer fails to accept the proposal within the period of 10 working days starting with the day after that on which the union makes (or unions make) the proposal.")
 
196*     Page 44, line 33, leave out ("to the CAC") 
197*     Page 44, line 37, leave out ("to the CAC") 
198*     Page 45, line 5, after ("is") insert ("made in accordance with paragraph 81 or 82 and") 
199*     Page 45, line 8, at end insert ("made in accordance with paragraph 81 or 82 or is not") 
200*     Page 45, line 13, after second ("is") insert ("made in accordance with paragraph 81 or 82 and is") 
201*     Page 45, line 18, after ("day") insert ("after that on which") 
202*     Page 46, line 8, after ("day") insert ("after that on which") 
203*     Page 46, line 20, leave out ("28 days starting with the day") and insert ("20 working days starting with the day after that on which") 
204*     Page 46, line 37, leave out ("28") and insert ("20 working") 
205*     Page 46, line 42, at end insert ("or
    (c)  by a combination of the methods described in paragraphs (a) and (b),")
 
206*     Page 47, line 1, at end insert--
 
    ("(7A)  The CAC may not decide that the ballot is to be conducted as mentioned in sub-paragraph (6)(c) unless there are special factors making such a decision appropriate; and special factors include--
    (a)  factors arising from the location of workers or the nature of their employment;
    (b)  factors put to the CAC by the employer or the union (or unions).")
 
207*     Page 47, line 11, leave out ("has decided") and insert ("is required under sub-paragraph (3)") 
208*     Page 47, line 13, leave out ("of the decision") and insert ("that it is so required") 
  
BY THE BARONESS MILLER OF HENDON
THE BARONESS DENTON OF WAKEFIELD
THE BARONESS SECCOMBE
 
209     Page 47, line 29, at end insert ("provided that unless the employer otherwise agrees, such access shall only be required to be granted on each occasion outside the hours the employees are required to work and shall be restricted to such parts of the employer's premises as he may from time to time designate.") 
  
BY THE LORD SIMON OF HIGHBURY
 
210*     Page 47, line 32, at end insert ("after that on which") 
 
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Prepared 27 May 1999