Employment Relations Bill - continued        House of Lords
SCHEDULE A1, COLLECTIVE BARGAINING: RECOGNITION - continued
PART I, RECOGNITION - continued
General provisions about admissibility - continued

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     33. - (1) An application under paragraph 10 or 11 is not admissible unless the CAC decides that-
 
 
    (a) members of the union (or unions) constitute at least 10 per cent of the workers constituting the relevant bargaining unit, and
 
    (b) a majority of the workers constituting the relevant bargaining unit would be likely to favour recognition of the union (or unions) as entitled to conduct collective bargaining on behalf of the bargaining unit.
      (2) The relevant bargaining unit is-
 
 
    (a) the proposed bargaining unit, where the application is under paragraph 10(2) or 11(2);
 
    (b) the agreed bargaining unit, where the application is under paragraph 11(4).
      (3) The CAC must give reasons for the decision.
 
     34. - (1) This paragraph applies to an application made by more than one union under paragraph 10 or 11.
 
      (2) The application is not admissible unless-
 
 
    (a) the unions show that they will co-operate with each other in a manner likely to secure and maintain stable and effective collective bargaining arrangements, and
 
    (b) the unions show that, if the employer wishes, they will enter into arrangements under which collective bargaining is conducted by the unions acting together on behalf of the workers constituting the relevant bargaining unit.
      (3) The relevant bargaining unit is-
 
 
    (a) the proposed bargaining unit, where the application is under paragraph 10(2) or 11(2);
 
    (b) the agreed bargaining unit, where the application is under paragraph 11(4).
     35. - (1) This paragraph applies if-
 
 
    (a) the CAC accepts a relevant application relating to a bargaining unit, and
 
    (b) the CAC has not issued a declaration under paragraph 20(2), 25(2), 27(3) or 27(4) in relation to that bargaining unit.
      (2) Another relevant application is not admissible if-
 
 
    (a) at least one worker falling within the relevant bargaining unit also falls within the bargaining unit referred to in sub-paragraph (1), and
 
    (b) the application is made by a union (or unions) other than the union (or unions) which made the application referred to in sub-paragraph (1).
      (3) A relevant application is an application under paragraph 10 or 11.
 
      (4) The relevant bargaining unit is-
 
 
    (a) the proposed bargaining unit, where the application is under paragraph 10(2) or 11(2);
 
    (b) the agreed bargaining unit, where the application is under paragraph 11(4).
     36. - (1) This paragraph applies if the CAC accepts a relevant application relating to a bargaining unit.
 
      (2) Another relevant application is not admissible if-
 
 
    (a) the application is made within the period of 3 years starting with the day after that on which the CAC gave notice of acceptance of the application mentioned in sub-paragraph (1),
 
    (b) the relevant bargaining unit is the same or substantially the same as the bargaining unit mentioned in sub-paragraph (1), and
 
    (c) the application is made by the union (or unions) which made the application mentioned in sub-paragraph (1).
      (3) A relevant application is an application under paragraph 10 or 11.
 
      (4) The relevant bargaining unit is-
 
 
    (a) the proposed bargaining unit, where the application is under paragraph 10(2) or 11(2);
 
    (b) the agreed bargaining unit, where the application is under paragraph 11(4).
      (5) This paragraph does not apply if paragraph 37 applies.
 
     37. - (1) This paragraph applies if the CAC issues a declaration that a union is (or unions are) not entitled to be recognised as entitled to conduct collective bargaining on behalf of a bargaining unit.
 
      (2) An application under paragraph 10 or 11 is not admissible if-
 
 
    (a) the application is made within the period of 3 years starting with the day after that on which the declaration was issued,
 
    (b) the relevant bargaining unit is the same or substantially the same as the bargaining unit mentioned in sub-paragraph (1), and
 
    (c) the application is made by the union (or unions) which made the application leading to the declaration.
      (3) The relevant bargaining unit is-
 
 
    (a) the proposed bargaining unit, where the application is under paragraph 10(2) or 11(2);
 
    (b) the agreed bargaining unit, where the application is under paragraph 11(4).
     38. - (1) This paragraph applies for the purposes of paragraphs 36 and 37.
 
      (2) It is for the CAC to decide whether one bargaining unit is the same or substantially the same as another, but in deciding the CAC may take account of the views of any person it believes has an interest in the matter.
 
 
Competing applications
     39. - (1) For the purposes of this paragraph-
 
 
    (a) the original application is the application referred to in paragraph 35(1), and
 
    (b) the competing application is the other application referred to in paragraph 35(2).
      (2) This paragraph applies if-
 
 
    (a) the CAC decides that the competing application is not admissible by reason of paragraph 35,
 
    (b) at the time the decision is made the parties to the original application have not agreed the appropriate bargaining unit under paragraph 16, and the CAC has not decided the appropriate bargaining unit under paragraph 17, in relation to the application, and
 
    (c) the 10 per cent test (within the meaning given by paragraph 13) is satisfied with regard to the competing application.
      (3) In such a case-
 
 
    (a) the CAC must cancel the original application,
 
    (b) the CAC must give notice to the parties to the application that it has been cancelled,
 
    (c) no further steps are to be taken under this Part of this Schedule in relation to the application, and
 
    (d) the application shall be treated as if it had never been admissible.
  PART II
  VOLUNTARY RECOGNITION
 
Introduction
     40. 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.
     41. - (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 45(2).
 
 
Application to CAC to specify method
     42. - (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.
      (9) An order made under paragraph 6(6) may also-
 
 
    (a) provide that sub-paragraphs (2)(a), (3) and (5) to (8) of this paragraph 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-paragraph (3).
     43. - (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 which is made by a union (or unions) to the CAC 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 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 17 June 1999