Employment Relations Bill -
Amendments to be debated in the House of Lords
- continued
House of Lords

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     Page 41, line 34, after ("66(1)") insert ("or 66A(1)") 
     Page 43, line 45, at end insert--
 
    ("(8)  Paragraphs (a) and (b) of sub-paragraph (6) also apply if the CAC issues a declaration under paragraph 25(2).")
 
     Page 44, line 5, at end insert--
 
    ("73A.--(1) This paragraph applies if--
    (a)  the CAC has proceeded as stated in paragraphs 66 to 72 with regard to the new unit (if there is one only) or with regard to each new unit (if there are two or more), and
    (b)  in so doing the CAC has issued one or more declarations under paragraph 66.
    (2)  The CAC must--
    (a)  consider each declaration issued under paragraph 66, and
    (b)  in relation to each declaration, identify each statutory outside bargaining unit which contains at least one worker who also falls within the new unit to which the declaration relates;
and in this paragraph each statutory outside bargaining unit so identified is referred to as a parent unit.
 
    (3)  The CAC must then--
    (a)  consider each parent unit, and
    (b)  in relation to each parent unit, identify any workers who fall within the parent unit but who do not fall within the new unit (or any of the new units);
and in this paragraph the workers so identified in relation to a parent unit are referred to as a residual unit.
 
    (4)  In relation to each residual unit, the CAC must issue a declaration that the outside union is (or outside unions are) recognised as entitled to conduct collective bargaining on its behalf.
 
    (5)  But no such declaration shall be issued in relation to a residual unit if the CAC has received an application under paragraph 49 or 58 in relation to its parent unit.
 
    (6)  In this paragraph references to the outside union (or to outside unions) in relation to a residual unit are to the union which is (or unions which are) recognised as entitled to conduct collective bargaining on behalf of its parent unit.
 
    (7)  If the CAC issues a declaration under sub-paragraph (4)--
    (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 parent unit, so far as the existing declaration relates to the residual unit;
    (b)  if there is a method of collective bargaining relating to the parent unit, it 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.")
 
     Page 44, line 20, at end insert-- 
 ("Withdrawal of application 
     74A.--(1) If an application under paragraph 49 or 58 is accepted by the CAC, the applicant (or applicants) may not withdraw the application--
    (a)  after the CAC issues a declaration under paragraph 52(3) or 61(3),
    (b)  after the CAC decides under paragraph 60(2) or 60(3),
    (c)  after the CAC issues a declaration under paragraph 66(1), 68(2), 69(3) or 70(2) in relation to the new unit (where there is only one) or a declaration under any of those paragraphs in relation to any of the new units (where there is more than one),
    (d)  after the union has (or unions have) notified the CAC under paragraph 72(1) in relation to the new unit (where there is only one) or any of the new units (where there is more than one), or
    (e)  after the end of the notification period referred to in paragraph 72(1) and relating to the new unit (where there is only one) or any of the new units (where there is more than one).
    (2)  If an application is withdrawn by the applicant (or applicants)--
    (a)  the CAC must give notice of the withdrawal to the other party (or parties), and
    (b)  no further steps are to be taken under this Part of this Schedule.")
 
     Page 44, line 20, at end insert-- 
 ("Meaning of collective bargaining 
     74B.--(1) This paragraph applies for the purposes of this Part of this Schedule.
 
    (2)  Except in relation to paragraphs 52(5), 61(5) and 66(6), the meaning of collective bargaining given by section 178(1) shall not apply.
 
    (3)  In relation to a new unit references to collective bargaining are to negotiations relating to the matters which were the subject of collective bargaining in relation to the corresponding original unit; and the corresponding original unit is the unit which was the subject of an application under paragraph 49 or 58 in consequence of which the new unit was agreed by the parties or decided by the CAC.
 
    (4)  But if the parties agree matters as the subject of collective bargaining in relation to the new unit, references to collective bargaining in relation to that unit are to negotiations relating to the agreed matters; and this is the case whether the agreement is made before or after the time when 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.
 
    (5)  In construing paragraphs 52(3)(c), 61(3)(c), 67(5)(b), 68(2)(c), 70(6)(b) and 72(6)(b)--
    (a)  sub-paragraphs (3) and (4) do not apply, and
    (b)  references to collective bargaining are to negotiations relating to pay, hours and holidays.
 
 Method of collective bargaining 
     74C.--(1) This paragraph applies for the purposes of this Part of this Schedule.
 
    (2)  Where a method of collective bargaining has effect in relation to a new unit, that method shall have effect as if it were contained in a legally enforceable contract made by the parties.
 
    (3)  But if the parties agree in writing--
    (a)  that sub-paragraph (2) shall not apply, or shall not apply to particular parts of the method, or
    (b)  to vary or replace the method,
the written agreement shall have effect as a legally enforceable contract made by the parties.
 
    (4)  Specific performance shall be the only remedy available for breach of anything which is a legally enforceable contract by virtue of this paragraph.")
 
     Page 44, line 39, leave out from beginning to end of line 2 on page 45 
     Page 45, line 5, leave out from ("declaration") to end of line 8 
     Page 45, line 38, leave out ("(1)(b)") and insert ("(1)(a)") 
     Page 45, line 49, leave out ("81") and insert ("80") 
     Page 46, line 2, leave out ("(1)(b)") and insert ("(1)(a)") 
     Page 46, line 32, at end insert--
 
    ("(4)  An application is not admissible if--
    (a)  a relevant application was made within the period of 3 years prior to the date of the application,
    (b)  the relevant application and the application relate to the same bargaining unit, and
    (c)  the CAC accepted the relevant application.
    (2)  A relevant application is an application made to the CAC--
    (a)  by the union (or the unions) under this paragraph,
    (b)  by the employer under paragraph 86, 87 or 106, or
    (c)  by a worker (or workers) under paragraph 91.")
 
     Page 48, line 38, at end insert--
 
    ("88A.--(1) An application under paragraph 86 or 87 is not admissible if--
    (a)  a relevant application was made within the period of 3 years prior to the date of the application under paragraph 86 or 87,
    (b)  the relevant application and the application under paragraph 86 or 87 relate to the same bargaining unit, and
    (c)  the CAC accepted the relevant application.
    (2)  A relevant application is an application made to the CAC--
    (a)  by the union (or the unions) under paragraph 81,
    (b)  by the employer under paragraph 86, 87 or 106, or
    (c)  by a worker (or workers) under paragraph 91.")
 
     Page 49, line 2, leave out ("and") and insert ("to") 
     Page 49, line 28, at end insert--
 
    ("91A.--(1) An application under paragraph 91 is not admissible if--
    (a)  a relevant application was made within the period of 3 years prior to the date of the application under paragraph 91,
    (b)  the relevant application and the application under paragraph 91 relate to the same bargaining unit, and
    (c)  the CAC accepted the relevant application.
    (2)  A relevant application is an application made to the CAC--
    (a)  by the union (or the unions) under paragraph 81,
    (b)  by the employer under paragraph 86, 87 or 106, or
    (c)  by a worker (or workers) under paragraph 91.")
 
     Page 49, line 39, leave out ("and") and insert ("to") 
     Page 54, line 40, leave out ("to the CAC") 
     Page 54, line 44, leave out ("to the CAC") 
     Page 54, line 47, at end insert--
 
    ("107A.--(1) An application under paragraph 106 is not admissible if--
    (a)  a relevant application was made within the period of 3 years prior to the date of the application under paragraph 106,
    (b)  the relevant application and the application under paragraph 106 relate to the same bargaining unit, and
    (c)  the CAC accepted the relevant application.
    (2)  A relevant application is an application made to the CAC--
    (a)  by the union (or the unions) under paragraph 81,
    (b)  by the employer under paragraph 86, 87 or 106, or
    (c)  by a worker (or workers) under paragraph 91.")
 
     Page 55, line 1, leave out ("to the CAC") 
     Page 55, line 9, leave out ("and") and insert ("to") 
     Page 56, line 18, at end insert--
 
    ("114A. An application under paragraph 114 is not admissible if the CAC is satisfied that any of the unions has a certificate under section 6 that it is independent.")
 
     Page 56, line 25, at end insert--
 
    ("(115A.  An application under paragraph 114 is not admissible if the CAC is satisfied that--
    (a)  the union (or any of the unions) has made an application to the Certification Officer under section 6 for a certificate that it is independent, and
    (b)  the Certification Officer has not come to a decision on the application (or each of the applications).")
 
     Page 56, line 29, leave out ("and 115") and insert ("to 115A") 
     Page 57, line 11, at end insert--
 
    ("117A.--(1) This paragraph applies if--
    (a)  the CAC accepts an application under paragraph 114,
    (b)  during the period mentioned in paragraph 117(1) or 117C(3) the CAC is satisfied that the union (or each of the unions) has made an application to the Certification Officer under section 6 for a certificate that it is independent, that the application (or each of the applications) to the Certification Officer was made before the application under paragraph 114 and that the Certification Officer has not come to a decision on the application (or each of the applications), and
    (c)  at the time the CAC is so satisfied there has been no agreement or withdrawal as described in paragraph 117(1) or 117C(3).
    (2)  In such a case paragraph 117(1) or 117C(3) shall cease to apply from the time when the CAC is satisfied as mentioned in sub-paragraph (1)(b).
 
    117B.--(1) This paragraph applies if the CAC is subsequently satisfied that--
    (a)  the Certification Officer has come to a decision on the application (or each of the applications) mentioned in paragraph 117A(1)(b), and
    (b)  his decision is that the union (or any of the unions) which made an application under section 6 is independent.
    (2)  In such a case--
    (a)  the CAC must give the worker (or workers), the employer and the union (or unions) notice that it is so satisfied, and
    (b)  the application under paragraph 114 shall be treated as not having been made.
    117C.--(1) This paragraph applies if the CAC is subsequently satisfied that--
    (a)  the Certification Officer has come to a decision on the application (or each of the applications) mentioned in paragraph 117A(1)(b), and
    (b)  his decision is that the union (or each of the unions) which made an application under section 6 is not independent.
    (2)  The CAC must give the worker (or workers), the employer and the union (or unions) notice that it is so satisfied.
 
    (3)  In the new negotiation period the CAC must help the employer, the union (or unions) and the worker (or workers) with a view to--
    (a)  the employer and the union (or unions) agreeing to end the bargaining arrangements, or
    (b)  the worker (or workers) withdrawing the application.
    (4)  The new negotiation period is--
    (a)  the period of 20 working days starting with the day after that on which the CAC gives notice under sub-paragraph (2), or
    (b)  such longer period (so starting) as the CAC may decide with the consent of the worker (or workers), the employer and the union (or unions).
    117D.--(1) This paragraph applies if--
    (a)  the CAC accepts an application under paragraph 114,
    (b)  paragraph 117A does not apply, and
    (c)  during the relevant period the CAC is satisfied that a certificate of independence has been issued to the union (or any of the unions) under section 6.
    (2)  In such a case the relevant period is the period starting with the first day of the negotiation period (as defined in paragraph 117(2)) and ending with the first of the following to occur--
    (a)  any agreement by the employer and the union (or unions) to end the bargaining arrangements;
    (b)  any withdrawal of the application by the worker (or workers);
    (c)  the CAC being informed of the result of a relevant ballot by the person conducting it;
and a relevant ballot is a ballot held by virtue of this Part of this Schedule.
 
    (3)  This paragraph also applies if--
    (a)  the CAC gives notice under paragraph 117C(2), and
    (b)  during the relevant period the CAC is satisfied that a certificate of independence has been issued to the union (or any of the unions) under section 6.
    (4)  In such a case, the relevant period is the period starting with the first day of the new negotiation period (as defined in paragraph 117C(4)) and ending with the first of the following to occur--
    (a)  any agreement by the employer and the union (or unions) to end the bargaining arrangements;
    (b)  any withdrawal of the application by the worker (or workers);
    (c)  the CAC being informed of the result of a relevant ballot by the person conducting it;
and a relevant ballot is a ballot held by virtue of this Part of this Schedule.
 
    (5)  If this paragraph applies--
    (a)  the CAC must give the worker (or workers), the employer and the union (or unions) notice that it is satisfied as mentioned in sub-paragraph (1)(c) or (3)(b), and
    (b)  the application under paragraph 114 shall be treated as not having been made.")
 
     Page 57, line 15, after ("117(1)") insert ("or 117C(3)") 
     Page 57, line 22, at end insert--
    ("(c)  the reference in paragraph 97(4) to the CAC refusing an application under paragraph 97(2) included a reference to it being required to give notice under paragraph 117D(5)")
 
     Page 61, leave out lines 32 and 33 
     Page 62, line 14, after ("20") insert ("or 70") 
     Page 62, line 24, after ("20") insert ("or 70") 
     Page 62, line 44, at end insert-- 
 ("Directions about certain applications 
     139A.--(1) The Secretary of State may make to the CAC directions as described in sub-paragraph (2) in relation to any case where--
    (a)  two or more applications are made to the CAC,
    (b)  each application is a relevant application,
    (c)  each application relates to the same bargaining unit, and
    (d)  the CAC has not accepted any of the applications.
    (2)  The directions are directions as to the order in which the CAC must consider the admissibility of the applications.
 
    (3)  The directions may include--
    (a)  provision to deal with a case where a relevant application is made while the CAC is still considering the admissibility of another one relating to the same bargaining unit;
    (b)  other incidental provisions.
    (4)  A relevant application is an application under paragraph 81, 86, 87, 91 or 106.")
 
  
BY THE BARONESS MILLER OF HENDON
THE LORD MACKAY OF ARDBRECKNISH
THE BARONESS SECCOMBE
 
     Page 31, line 31, leave out ("21") and insert ("50") 
     Page 31, line 32, leave out ("21") and insert ("50") 
     Page 45, line 14, leave out ("21") and insert ("50") 
     Page 45, line 27, leave out ("21") and insert ("50") 
  
Clause 3
 
  
BY THE LORD SIMON OF HIGHBURY
 
     Page 2, line 2, leave out ("recruitment") and insert ("discrimination in relation to recruitment or in relation to the treatment of workers") 
     Page 2, line 8, at end insert--
    ("(  ) include provision for or about the grant and enforcement of specified remedies by courts and tribunals;
    (  ) include provision for the making of awards of compensation calculated in accordance with the regulations;
    (  ) include provision permitting proceedings to be brought by trade unions on behalf of members in specified circumstances;
    (  ) include provision about cases where an employee is dismissed by his employer and the reason or principal reason for the dismissal, or why the employee was selected for dismissal, relates to a list to which subsection (1) applies;")
 
     Page 2, line 28, at end insert-- 
 
    (", and
 
 
    worker" has the meaning given by section 13.")
 
     Page 2, line 29, at beginning insert ("Subject to subsection (5),") 
  
Schedule 3
 
  
BY THE LORD SIMON OF HIGHBURY
 
     Page 66, line 16, at end insert--
 
    ("(  ) In the definition of "strike" in section 246 (interpretation) after "means" there shall be inserted "(except for the purposes of section 229(2))".")
 
     Page 66, line 16, at end insert-- 
 ("Conduct of ballot: merchant seamen 
     . In section 230 (conduct of ballot) for subsections (2A) and (2B) there shall be substituted--
        (2A)  Subsection (2B) applies to a merchant seaman if the trade union reasonably believes that--
      (a)  he will be employed in a ship either at sea or at a place outside Great Britain at some time in the period during which votes may be cast, and
      (b)  it will be convenient for him to receive a voting paper and vote while on the ship or while at a place where the ship is rather than in accordance with subsection (2).
        (2B)  Where this subsection applies to a merchant seaman he shall, if it is reasonably practicable--
      (a)  have a voting paper made available to him while on the ship or while at a place where the ship is, and
      (b)  be given an opportunity to vote while on the ship or while at a place where the ship is."")
 
 
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Prepared 6 July 1999