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

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Union recognition
     20. - (1) This paragraph applies if-
 
 
    (a) the CAC accepts an application under paragraph 11(2) or 12(2),
 
    (b) the parties have agreed an appropriate bargaining unit at the end of the appropriate period, or the CAC has decided an appropriate bargaining unit, and
 
    (c) that bargaining unit differs from the proposed bargaining unit.
      (2) Within the decision period the CAC must decide whether the application is invalid within the terms of paragraphs 43 to 50.
 
      (3) In deciding whether the application is invalid, 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 invalid-
 
 
    (a) the CAC must give notice of its decision to the parties,
 
    (b) the CAC must not proceed with 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 not invalid it must-
 
 
    (a) proceed with the application, and
 
    (b) give notice to the parties that it is so proceeding.
      (6) The decision period is-
 
 
    (a) the period of 10 working days starting with the day after that on which the parties agree an appropriate bargaining unit or the CAC decides an appropriate bargaining unit, or
 
    (b) such longer period (so starting) as the CAC may specify to the parties by notice containing reasons for the extension.
     21. - (1) This paragraph applies if-
 
 
    (a) the CAC accepts an application under paragraph 11(2) or 12(2),
 
    (b) the parties have agreed an appropriate bargaining unit at the end of the appropriate period, or the CAC has decided an appropriate bargaining unit, and
 
    (c) that bargaining unit is the same as the proposed bargaining unit.
      (2) This paragraph also applies if the CAC accepts an application under paragraph 12(4).
 
      (3) The CAC must proceed with the application.
 
     22. - (1) This paragraph applies if-
 
 
    (a) the CAC proceeds with an application in accordance with paragraph 20 or 21, and
 
    (b) the CAC is satisfied that a majority of the workers constituting the bargaining 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 bargaining 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 bargaining 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 bargaining 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 bargaining 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.
     23. - (1) This paragraph applies if-
 
 
    (a) the CAC proceeds with an application in accordance with paragraph 20 or 21, and
 
    (b) the CAC is not satisfied that a majority of the workers constituting the bargaining 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 bargaining unit are asked whether they want the union (or unions) to conduct collective bargaining on their behalf.
 
     24. - (1) This paragraph applies if the CAC gives notice under paragraph 22(3) or 23(2).
 
      (2) Within the notification period-
 
 
    (a) the union (or unions), or
 
    (b) the union (or unions) and the employer,
  may notify the CAC that the party making the notification does not (or the parties making the notification do not) want the CAC to arrange for the holding of the ballot.
 
      (3) 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, and
 
    (c) no further steps are to be taken under this Part of this Schedule.
      (4) If the CAC is not so notified it must arrange for the holding of the ballot.
 
      (5) The notification period is the period of 10 working days starting-
 
 
    (a) for the purposes of sub-paragraph (2)(a), with the day on which the union (or last of the unions) receives the CAC's notice under paragraph 22(3) or 23(2), or
 
    (b) for the purposes of sub-paragraph (2)(b), with that day or (if later) the day on which the employer receives the CAC's notice under paragraph 22(3) or 23(2).
     25. - (1) This paragraph applies if the CAC arranges under paragraph 24 for the holding of a ballot.
 
      (2) The ballot must be conducted by a qualified independent person appointed by the CAC.
 
      (3) The ballot must be conducted within-
 
 
    (a) the period of 20 working days starting with the day after that on which the qualified independent person is appointed, or
 
    (b) such longer period (so starting) as the CAC may decide.
      (4) The ballot must be conducted-
 
 
    (a) at a workplace or workplaces decided by the CAC,
 
    (b) by post, or
 
    (c) by a combination of the methods described in sub-paragraphs (a) and (b),
  depending on the CAC's preference.
 
      (5) In deciding how the ballot is to be conducted the CAC must take into account-
 
 
    (a) the likelihood of the ballot being affected by unfairness or malpractice if it were conducted at a workplace or workplaces;
 
    (b) costs and practicality;
 
    (c) such other matters as the CAC considers appropriate.
      (6) The CAC may not decide that the ballot is to be conducted as mentioned in sub-paragraph (4)(c) unless there are special factors making such a decision appropriate; and special factors include-
 
 
    (a) factors arising from the location of workers or the nature of their employment;
 
    (b) factors put to the CAC by the employer or the union (or unions).
      (7) A person is a qualified independent person if-
 
 
    (a) he satisfies such conditions as may be specified for the purposes of this paragraph by order of the Secretary of State or is himself so specified, and
 
    (b) there are no grounds for believing either that he will carry out any functions conferred on him in relation to the ballot otherwise than competently or that his independence in relation to the ballot might reasonably be called into question.
      (8) An order under sub-paragraph (7)(a) shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
 
      (9) As soon as is reasonably practicable after the CAC is required under paragraph 24 to arrange for the holding of a ballot it must inform the parties-
 
 
    (a) that it is so required;
 
    (b) of the name of the person appointed to conduct the ballot and the date of his appointment;
 
    (c) of the period within which the ballot must be conducted;
 
    (d) whether the ballot is to be conducted by post or at a workplace or workplaces;
 
    (e) of the workplace or workplaces concerned (if the ballot is to be conducted at a workplace or workplaces).
 
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Prepared 9 July 1999