Employment Relations Bill - continued        House of Lords
SCHEDULE A1, COLLECTIVE BARGAINING: RECOGNITION - continued
PART III, CHANGES AFFECTING BARGAINING UNIT - continued
Position where CAC decides new unit - continued

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     66. - (1) If in the CAC's opinion the new unit contains at least one worker falling within an outside bargaining unit-
 
 
    (a) the CAC must issue a declaration that the relevant bargaining arrangements, so far as relating to workers falling within the new unit, are to cease to have effect on a date specified by the CAC in the declaration, and
 
    (b) the relevant bargaining arrangements shall cease to have effect accordingly.
      (2) The relevant bargaining arrangements are-
 
 
    (a) the bargaining arrangements relating to the original unit, and
 
    (b) the bargaining arrangements relating to the outside unit.
      (3) The bargaining arrangements relating to the original unit are the bargaining arrangements as defined in paragraph 46 or 47.
 
      (4) The bargaining arrangements relating to the outside unit are-
 
 
    (a) the declaration recognising a union (or unions) as entitled to conduct collective bargaining on behalf of the workers constituting the outside unit, and
 
    (b) the provisions relating to the collective bargaining method.
      (5) For this purpose the provisions relating to the collective bargaining method are-
 
 
    (a) any agreement by the employer and the union (or unions) as to the method by which collective bargaining is to be conducted with regard to the outside 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 outside 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 outside unit.
      (6) 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 46 or 47.
      (7) The date specified under sub-paragraph (1)(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.
 
     67. - (1) This paragraph applies if-
 
 
    (a) the CAC issues a declaration under paragraph 66, 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 49 or 58 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.
     68. - (1) If the CAC's opinion is not that mentioned in paragraph 66(1) it must-
 
 
    (a) decide whether the difference between the original unit and the new unit is such that the support of the union (or unions) within the new unit needs to be assessed, and
 
    (b) inform the parties of its decision.
      (2) If the CAC's decision is that such support does not need to be assessed-
 
 
    (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;
 
    (b) so far as it affects workers in the new unit 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, with any modifications which the CAC considers necessary to take account of the change of bargaining unit and specifies in the declaration.
     69. - (1) This paragraph applies if the CAC decides under paragraph 68(1) that the support of the union (or unions) within the new unit needs to be assessed.
 
      (2) The CAC must decide these questions-
 
 
    (a) whether members of the union (or unions) constitute at least 10 per cent of the workers constituting the new unit;
 
    (b) whether a majority of the workers constituting the new unit would be likely to favour recognition of the union (or unions) as entitled to conduct collective bargaining on behalf of the new unit.
      (3) If the CAC decides one or both of the questions in the negative-
 
 
    (a) the CAC must issue a declaration that the bargaining arrangements, so far as relating to workers falling within the new unit, 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.
     70. - (1) This paragraph applies if-
 
 
    (a) the CAC decides both the questions in paragraph 69(2) in the affirmative, and
 
    (b) the CAC is satisfied that a majority of the workers constituting the new unit are members of the union (or unions).
      (2) The CAC must issue a declaration that the union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of the workers constituting the new unit.
 
      (3) But if any of the three qualifying conditions is fulfilled, instead of issuing a declaration under sub-paragraph (2) the CAC must give notice to the parties that it intends to arrange for the holding of a secret ballot in which the workers constituting the new unit are asked whether they want the union (or unions) to conduct collective bargaining on their behalf.
 
      (4) These are the three qualifying conditions-
 
 
    (a) the CAC is satisfied that a ballot should be held in the interests of good industrial relations;
 
    (b) a significant number of the union members within the new unit inform the CAC that they do not want the union (or unions) to conduct collective bargaining on their behalf;
 
    (c) membership evidence is produced which leads the CAC to conclude that there are doubts whether a significant number of the union members within the new unit want the union (or unions) to conduct collective bargaining on their behalf.
      (5) For the purposes of sub-paragraph (4)(c) membership evidence is-
 
 
    (a) evidence about the circumstances in which union members became members;
 
    (b) evidence about the length of time for which union members have been members, in a case where the CAC is satisfied that such evidence should be taken into account.
      (6) If the CAC issues a declaration under sub-paragraph (2)-
 
 
    (a) so far as it affects workers in the new unit 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;
 
    (b) the method of collective bargaining relating to the original unit shall have effect in relation to the new unit, with any modifications which the CAC considers necessary to take account of the change of bargaining unit and specifies in the declaration.
     71. - (1) This paragraph applies if-
 
 
    (a) the CAC decides both the questions in paragraph 69(2) in the affirmative, and
 
    (b) the CAC is not satisfied that a majority of the workers constituting the new unit are members of the union (or unions).
      (2) The CAC must give notice to the parties that it intends to arrange for the holding of a secret ballot in which the workers constituting the new unit are asked whether they want the union (or unions) to conduct collective bargaining on their behalf.
 
     72. - (1) If the CAC gives notice under paragraph 70(3) or 71(2) the union (or unions) may within the notification period notify the CAC that the union does not (or unions do not) want the CAC to arrange for the holding of the ballot; and the notification period is the period of 10 working days starting with the day after that on which the union (or last of the unions) receives the CAC's notice.
 
      (2) If the CAC is so notified-
 
 
    (a) it must not arrange for the holding of the ballot,
 
    (b) it must inform the parties that it will not arrange for the holding of the ballot, and why,
 
    (c) it must issue a declaration that the bargaining arrangements, so far as relating to workers falling within the new unit, are to cease to have effect on a date specified by it in the declaration, and
 
    (d) the bargaining arrangements shall cease to have effect accordingly.
      (3) If the CAC is not so notified it must arrange for the holding of the ballot.
 
      (4) Paragraph 23 applies if the CAC arranges under this paragraph for the holding of a ballot (as well as if the CAC arranges under paragraph 22 for the holding of a ballot).
 
      (5) Paragraphs 24 to 27 apply accordingly, but as if references to the bargaining unit were references to the new unit.
 
      (6) If as a result of the ballot the CAC issues a declaration that the union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of the new unit-
 
 
    (a) so far as it affects workers in the new unit 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;
 
    (b) the method of collective bargaining relating to the original unit shall have effect in relation to the new unit, with any modifications which the CAC considers necessary to take account of the change of bargaining unit and specifies in the declaration.
      (7) If as a result of the ballot the CAC issues a declaration that the union is (or unions are) not entitled to be recognised as entitled to conduct collective bargaining on behalf of the new unit-
 
 
    (a) the CAC must state in the declaration the date on which the bargaining arrangements, so far as relating to workers falling within the new unit, are to cease to have effect, and
 
    (b) the bargaining arrangements shall cease to have effect accordingly.
 
Residual workers
     73. - (1) This paragraph applies if-
 
 
    (a) the CAC decides an appropriate bargaining unit or units under paragraph 53 or 62, 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.
 
Applications under this Part
     74. - (1) An application to the CAC under this Part of this Schedule 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 under this Part of this Schedule 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 under this Part of this Schedule 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.
  PART IV
  DERECOGNITION: GENERAL
 
Introduction
     75. - (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 references in this Part of this Schedule 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,
 
    (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, or
 
    (c) any provision of Part III of this Schedule that a method of collective bargaining is to have effect.
     76. - (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 references in this Part of this Schedule to the bargaining arrangements are to-
 
 
    (a) the parties' agreement mentioned in sub-paragraph (1)(a), and
 
    (b) anything effective as, or as if contained in, a legally enforceable contract by virtue of paragraph 45.
 
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Prepared 17 June 1999