Employment Relations Bill - continued        House of Lords
SCHEDULE A1, COLLECTIVE BARGAINING: RECOGNITION - continued
PART III, CHANGES AFFECTING BARGAINING UNIT - continued
Either party believes unit no longer appropriate - continued

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     55. Paragraph 65 applies if the CAC gives notice under paragraph 53 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 (or units which are) appropriate.
     56. - (1) This paragraph applies if-
 
 
    (a) the parties agree under paragraph 52 a bargaining unit or units differing from the original unit,
 
    (b) paragraph 52(2) 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.
 
Employer believes unit has ceased to exist
     57. - (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.
 
      (2) A notice complies with this sub-paragraph if it-
 
 
    (a) identifies the unit and the bargaining arrangements,
 
    (b) states the date on which the notice is given,
 
    (c) states that the unit has ceased to exist, and
 
    (d) states that the bargaining arrangements are to cease to have effect on a date which is specified in the notice and which falls after the end of the period of 35 working days starting with the day after that on which the notice is given.
      (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 58.
      (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.
     58. - (1) Paragraph 59 applies if-
 
 
    (a) the CAC gives notice under paragraph 57(5), and
 
    (b) within the period of 10 working days starting with the day after that on which the notice is given the union makes (or unions make) an application to the CAC for a decision on the questions specified in sub-paragraph (2).
      (2) The questions are-
 
 
    (a) whether the original unit has ceased to exist;
 
    (b) whether the original unit is no longer appropriate by reason of any of the matters specified in sub-paragraph (3).
      (3) 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.
     59. - (1) The CAC must give notice to the parties of receipt of an application under paragraph 58.
 
      (2) Within the acceptance period the CAC must decide whether the application is admissible within the terms of paragraph 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.
     60. - (1) If the CAC accepts an application it-
 
 
    (a) must give the employer and the union (or unions) an opportunity to put their views on the questions in relation to which the application was made;
 
    (b) must decide the questions before the end of the decision period.
      (2) If the CAC decides that the original unit has ceased to exist-
 
 
    (a) the CAC must give the parties notice of its decision, and
 
    (b) the bargaining arrangements shall cease to have effect on the termination date.
      (3) If the CAC decides that the original unit has not ceased to exist, and that it is not the case that the original unit is no longer appropriate by reason of any of the matters specified in paragraph 58(3)-
 
 
    (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.
      (4) If the CAC decides that the original unit has not ceased to exist, and that the original unit is no longer appropriate by reason of any of the matters specified in paragraph 58(3), the CAC must give the parties notice of its decision.
 
      (5) The decision 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 CAC may specify to the parties by notice containing reasons for the extension.
      (6) The termination date is the later of-
 
 
    (a) the date specified in paragraph 57(2)(d), and
 
    (b) the day after the last day of the decision period.
     61. - (1) This paragraph applies if-
 
 
    (a) the CAC gives notice under paragraph 60(4), 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 under paragraph 60(4), 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.
     62. - (1) This paragraph applies if-
 
 
    (a) the CAC gives notice under paragraph 60(4), 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 the CAC-
 
 
    (a) must decide what other bargaining unit is or units are appropriate;
 
    (b) must give notice of its decision to the parties.
      (3) 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 (4), so far as they do not conflict with that need.
      (4) 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.
      (5) 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.
 
      (6) 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.
     63. Paragraph 65 applies if the CAC gives notice under paragraph 62 of a decision as to the bargaining unit which is (or units which are) appropriate.
 
     64. - (1) This paragraph applies if-
 
 
    (a) the parties agree under paragraph 61 a bargaining unit or units differing from the original unit,
 
    (b) paragraph 61(2) 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.
 
Position where CAC decides new unit
     65. - (1) This paragraph applies if the CAC gives notice under paragraph 53 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 or units which are appropriate.
      (2) This paragraph also applies if the CAC gives notice under paragraph 62 of a decision as to the bargaining unit which is appropriate or units which are appropriate.
 
      (3) The CAC-
 
 
    (a) must proceed as stated in paragraphs 66 to 72 with regard to the appropriate unit (if there is one only), or
 
    (b) must proceed as stated in paragraphs 66 to 72 with regard to each appropriate unit separately (if there are two or more).
      (4) References in those paragraphs to the new unit are to the appropriate unit under consideration.
 
 
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Prepared 17 June 1999