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

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CAC's response to application
     44. - (1) The CAC must give notice to the parties of receipt of an application under paragraph 42.
 
      (2) Within the acceptance period the CAC must decide whether the application is admissible within the terms of paragraphs 42 and 43.
 
      (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 after that on which 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.
     45. - (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 20 working days starting with the day after that on which the CAC gives notice of acceptance of the application, or
 
    (b) such longer period (so starting) as the parties may from time to time agree.
  PART III
  CHANGES AFFECTING BARGAINING UNIT
 
Introduction
     46. - (1) This Part of this Schedule applies if the CAC has issued a declaration 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, in this Part of this Schedule-
 
 
    (a) references to the original unit are to the bargaining unit on whose behalf the union is (or unions are) recognised as entitled to conduct collective bargaining, and
 
    (b) references to the bargaining arrangements are to the declaration and to the provisions relating to the collective bargaining method.
      (3) For this purpose the provisions relating to the collective bargaining method are-
 
 
    (a) the parties' agreement as to the method by which collective bargaining is to be conducted with regard to the original 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 original 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 original unit.
     47. - (1) This Part of this Schedule also applies if-
 
 
    (a) the parties have agreed that a union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of a bargaining unit,
 
    (b) the CAC has specified to the parties under paragraph 45(2) the method by which they are to conduct collective bargaining, and
 
    (c) the parties have not agreed in writing to replace the method or that paragraph 45(3) shall not apply.
      (2) In such a case, in this Part of this Schedule-
 
 
    (a) references to the original unit are to the bargaining unit agreed by the parties, and
 
    (b) references to the bargaining arrangements are to the parties' agreement mentioned in sub-paragraph (1)(a) and to the provisions relating to the collective bargaining method.
      (3) For this purpose the provisions relating to the collective bargaining method are 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 original unit.
 
     48. References in this Part of this Schedule to the parties are to the employer and the union (or unions) concerned.
 
 
Either party believes unit no longer appropriate
     49. - (1) This paragraph applies if the employer believes or the union believes (or unions believe) that the original unit is no longer an appropriate bargaining unit.
 
      (2) The employer or union (or unions) may apply to the CAC to make a decision as to what is an appropriate bargaining unit.
 
     50. - (1) An application under paragraph 49 is not admissible unless the CAC decides that it is likely that the original unit is no longer appropriate by reason of any of the matters specified in sub-paragraph (2).
 
      (2) The matters are-
 
 
    (a) a change in the organisation or structure of the business carried on by the employer;
 
    (b) a change in the activities pursued by the employer in the course of the business carried on by him;
 
    (c) a substantial change in the number of workers employed in the original unit.
     51. - (1) The CAC must give notice to the parties of receipt of an application under paragraph 49.
 
      (2) Within the acceptance period the CAC must decide whether the application is admissible within the terms of paragraphs 50 and 74.
 
      (3) In deciding whether the 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 after that on which 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.
     52. - (1) This paragraph applies if-
 
 
    (a) the CAC gives notice of acceptance of the application, and
 
    (b) before the end of the first period the parties agree a bargaining unit or units (the new unit or units) differing from the original unit and inform the CAC of their agreement.
      (2) 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.
 
      (3) If sub-paragraph (2) does not apply-
 
 
    (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 or units;
 
    (b) so far as it affects workers in the new unit (or units) who fall within the original unit, 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 or units, with any modifications which the CAC considers necessary to take account of the change of bargaining unit and specifies in the declaration.
      (4) The first period is-
 
 
    (a) the period of 10 working days starting with the day after that on which the CAC gives notice of acceptance of the application, or
 
    (b) such longer period (so starting) as the parties may from time to time agree and notify to the CAC.
      (5) 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 46 or 47.
     53. - (1) This paragraph applies if-
 
 
    (a) the CAC gives notice of acceptance of the application, and
 
    (b) the parties do not inform the CAC before the end of the first period that they have agreed a bargaining unit or units differing from the original unit.
      (2) During the second period-
 
 
    (a) the CAC must decide whether or not the original unit continues to be an appropriate bargaining unit;
 
    (b) if the CAC decides that the original unit does not so continue, it must decide what other bargaining unit is or units are appropriate;
 
    (c) the CAC must give notice to the parties of its decision or decisions under paragraphs (a) and (b).
      (3) In deciding whether or not the original unit continues to be an appropriate bargaining unit the CAC must take into account only these matters-
 
 
    (a) any change in the organisation or structure of the business carried on by the employer;
 
    (b) any change in the activities pursued by the employer in the course of the business carried on by him;
 
    (c) any substantial change in the number of workers employed in the original unit.
      (4) In deciding what other bargaining unit is or units are appropriate the CAC must take these matters into account-
 
 
    (a) the need for the unit or units to be compatible with effective management;
 
    (b) the matters listed in sub-paragraph (5), so far as they do not conflict with that need.
      (5) The matters are-
 
 
    (a) the views of the employer and of the union (or unions);
 
    (b) existing national and local bargaining arrangements;
 
    (c) the desirability of avoiding small fragmented bargaining units within an undertaking;
 
    (d) the characteristics of workers falling within the original unit and of any other employees of the employer whom the CAC considers relevant;
 
    (e) the location of workers.
      (6) 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.
 
      (7) The second period is-
 
 
    (a) the period of 10 working days starting with the day after that on which the first period ends, or
 
    (b) such longer period (so starting) as the CAC may specify to the parties by notice containing reasons for the extension.
     54. If the CAC gives notice under paragraph 53 of a decision that the original unit continues to be an appropriate bargaining unit no further steps are to be taken under this Part of this Schedule.
 
 
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Prepared 17 June 1999