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

back to previous text
 
     26. - (1) An employer who is informed by the CAC under paragraph 25(9) must comply with the following three duties.
 
      (2) The first duty is to co-operate generally, in connection with the ballot, with the union (or unions) and the person appointed to conduct the ballot; and the second and third duties are not to prejudice the generality of this.
 
      (3) The second duty is to give to the union (or unions) such access to the workers constituting the bargaining unit as is reasonable to enable the union (or unions) to inform the workers of the object of the ballot and to seek their support and their opinions on the issues involved.
 
      (4) The third duty is to do the following (so far as it is reasonable to expect the employer to do so)-
 
 
    (a) to give to the CAC, within the period of 10 working days starting with the day after that on which the employer is informed under paragraph 25(9), the names and home addresses of the workers constituting the bargaining unit;
 
    (b) to give to the CAC, as soon as is reasonably practicable, the name and home address of any worker who joins the unit after the employer has complied with paragraph (a);
 
    (c) to inform the CAC, as soon as is reasonably practicable, of any worker whose name has been given to the CAC under paragraph (a) or (b) but who ceases to be within the unit.
      (5) As soon as is reasonably practicable after the CAC receives any information under sub-paragraph (4) it must pass it on to the person appointed to conduct the ballot.
 
      (6) If asked to do so by the union (or unions) the person appointed to conduct the ballot must send to any worker-
 
 
    (a) whose name and home address have been given under sub-paragraph (5), and
 
    (b) who is still within the unit (so far as the person so appointed is aware),
  any information supplied by the union (or unions) to the person so appointed.
 
      (7) The duty under sub-paragraph (6) does not apply unless the union bears (or unions bear) the cost of sending the information.
 
      (8) Each of the following powers shall be taken to include power to issue Codes of Practice about reasonable access for the purposes of sub-paragraph (3)-
 
 
    (a) the power of ACAS under section 199(1);
 
    (b) the power of the Secretary of State under section 203(1)(a).
     27. - (1) If the CAC is satisfied that the employer has failed to fulfil any of the three duties imposed by paragraph 26, and the ballot has not been held, the CAC may order the employer-
 
 
    (a) to take such steps to remedy the failure as the CAC considers reasonable and specifies in the order, and
 
    (b) to do so within such period as the CAC considers reasonable and specifies in the order.
      (2) If the CAC is satisfied that the employer has failed to comply with an order under sub-paragraph (1), and the ballot has not been held, the CAC may issue a declaration that the union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of the bargaining unit.
 
      (3) If the CAC issues a declaration under sub-paragraph (2) it shall take steps to cancel the holding of the ballot; and if the ballot is held it shall have no effect.
 
     28. - (1) This paragraph applies if the holding of a ballot has been arranged under paragraph 24 whether or not it has been cancelled.
 
      (2) The gross costs of the ballot shall be borne-
 
 
    (a) as to half, by the employer, and
 
    (b) as to half, by the union (or unions).
      (3) If there is more than one union they shall bear their half of the gross costs-
 
 
    (a) in such proportions as they jointly indicate to the person appointed to conduct the ballot, or
 
    (b) in the absence of such an indication, in equal shares.
      (4) The person appointed to conduct the ballot may send to the employer and the union (or each of the unions) a demand stating-
 
 
    (a) the gross costs of the ballot, and
 
    (b) the amount of the gross costs to be borne by the recipient.
      (5) In such a case the recipient must pay the amount stated to the person sending the demand, and must do so within the period of 15 working days starting with the day after that on which the demand is received.
 
      (6) In England and Wales, if the amount stated is not paid in accordance with sub-paragraph (5) it shall, if a county court so orders, be recoverable by execution issued from that court or otherwise as if it were payable under an order of that court.
 
      (7) References to the costs of the ballot are to-
 
 
    (a) the costs wholly, exclusively and necessarily incurred in connection with the ballot by the person appointed to conduct it,
 
    (b) such reasonable amount as the person appointed to conduct the ballot charges for his services, and
 
    (c) such other costs as the employer and the union (or unions) agree.
     29. - (1) As soon as is reasonably practicable after the CAC is informed of the result of a ballot by the person conducting it, the CAC must act under this paragraph.
 
      (2) The CAC must inform the employer and the union (or unions) of the result of the ballot.
 
      (3) If the result is that the union is (or unions are) supported by-
 
 
    (a) a majority of the workers voting, and
 
    (b) at least 40 per cent of the workers constituting the bargaining unit,
  the CAC must issue a declaration that the union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of the bargaining unit.
 
      (4) If the result is otherwise the CAC must issue a declaration that the union is (or unions are) not entitled to be so recognised.
 
      (5) The Secretary of State may by order amend sub-paragraph (3) so as to specify a different degree of support; and different provision may be made for different circumstances.
 
      (6) An order under sub-paragraph (5) shall be made by statutory instrument.
 
      (7) No such order shall be made unless a draft of it has been laid before Parliament and approved by a resolution of each House of Parliament.
 
 
Consequences of recognition
     30. - (1) This paragraph applies if the CAC issues a declaration under this Part of this Schedule that the union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of a bargaining unit.
 
      (2) The parties may in the negotiation period conduct negotiations with a view to agreeing a method by which they will conduct collective bargaining.
 
      (3) If no agreement is made in the negotiation period the employer or the union (or unions) may apply to the CAC for assistance.
 
      (4) The negotiation period is-
 
 
    (a) the period of 30 working days starting with the start day, or
 
    (b) such longer period (so starting) as the parties may from time to time agree.
      (5) The start day is the day after that on which the parties are notified of the declaration.
 
     31. - (1) This paragraph applies if an application for assistance is made to the CAC under paragraph 30.
 
      (2) The CAC must try to help the parties to reach in the agreement period an agreement on a method by which they will conduct collective bargaining.
 
      (3) 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.
 
      (4) Any method specified under sub-paragraph (3) is to have effect as if it were contained in a legally enforceable contract made by the parties.
 
      (5) But if the parties agree in writing-
 
 
    (a) that sub-paragraph (4) 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.
 
      (6) Specific performance shall be the only remedy available for breach of anything which is a legally enforceable contract by virtue of this paragraph.
 
      (7) If at any time before a specification is made under sub-paragraph (3) the parties jointly apply to the CAC requesting it to stop taking steps under this paragraph, the CAC must comply with the request.
 
      (8) The agreement period is-
 
 
    (a) the period of 20 working days starting with the day after that on which the CAC receives the application under paragraph 30, or
 
    (b) such longer period (so starting) as the CAC may decide with the consent of the parties.
 
Method not carried out
     32. - (1) This paragraph applies if-
 
 
    (a) the CAC issues a declaration under this Part of this Schedule that the union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of a bargaining unit,
 
    (b) the parties agree a method by which they will conduct collective bargaining, and
 
    (c) one or more of the parties fails to carry out the agreement.
      (2) The parties may apply to the CAC for assistance.
 
      (3) Paragraph 31 applies as if "paragraph 30" (in each place) read "paragraph 30 or paragraph 32".
 
 
General provisions about admissibility
     33. An application under paragraph 11 or 12 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.
     34. An application under paragraph 11 or 12 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.
     35. - (1) An application under paragraph 11 or 12 is not admissible if the CAC is satisfied that there is already in force a collective agreement under which a union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of any workers falling within the relevant bargaining unit.
 
      (2) But sub-paragraph (1) does not apply to an application under paragraph 11 or 12 if-
 
 
    (a) the union (or unions) recognised under the collective agreement and the union (or unions) making the application under paragraph 11 or 12 are the same, and
 
    (b) the matters in respect of which the union is (or unions are) entitled to conduct collective bargaining do not include pay, hours or holidays.
      (3) An agreement for or declaration of recognition which is the subject of a declaration under paragraph 83(2) must for the purposes of sub-paragraph (1) be treated as ceasing to have effect on the making of the declaration under paragraph 83(2).
 
      (4) In applying sub-paragraph (1) an agreement for recognition (the agreement in question) must be ignored if-
 
 
    (a) the union does not have (or none of the unions has) a certificate under section 6 that it is independent,
 
    (b) at some time there was an agreement (the old agreement) between the employer and the union under which the union (whether alone or with other unions) was recognised as entitled to conduct collective bargaining on behalf of a group of workers which was the same or substantially the same as the group covered by the agreement in question, and
 
    (c) the old agreement ceased to have effect in the period of three years ending with the date of the agreement in question.
      (5) It is for the CAC to decide whether one group of workers is the same or substantially the same as another, but in deciding the CAC may take account of the views of any person it believes has an interest in the matter.
 
      (6) The relevant bargaining unit is-
 
 
    (a) the proposed bargaining unit, where the application is under paragraph 11(2) or 12(2);
 
    (b) the agreed bargaining unit, where the application is under paragraph 12(4).
     36. - (1) An application under paragraph 11 or 12 is not admissible unless the CAC decides that-
 
 
    (a) members of the union (or unions) constitute at least 10 per cent of the workers constituting the relevant bargaining unit, and
 
    (b) a majority of the workers constituting the relevant bargaining unit would be likely to favour recognition of the union (or unions) as entitled to conduct collective bargaining on behalf of the bargaining unit.
      (2) The relevant bargaining unit is-
 
 
    (a) the proposed bargaining unit, where the application is under paragraph 11(2) or 12(2);
 
    (b) the agreed bargaining unit, where the application is under paragraph 12(4).
      (3) The CAC must give reasons for the decision.
 
     37. - (1) This paragraph applies to an application made by more than one union under paragraph 11 or 12.
 
      (2) The application is not admissible unless-
 
 
    (a) the unions show that they will co-operate with each other in a manner likely to secure and maintain stable and effective collective bargaining arrangements, and
 
    (b) the unions show that, if the employer wishes, they will enter into arrangements under which collective bargaining is conducted by the unions acting together on behalf of the workers constituting the relevant bargaining unit.
      (3) The relevant bargaining unit is-
 
 
    (a) the proposed bargaining unit, where the application is under paragraph 11(2) or 12(2);
 
    (b) the agreed bargaining unit, where the application is under paragraph 11(4).
     38. - (1) This paragraph applies if-
 
 
    (a) the CAC accepts a relevant application relating to a bargaining unit or proceeds under paragraph 20 with an application relating to a bargaining unit,
 
    (b) the application has not been withdrawn,
 
    (c) no notice has been given under paragraph 17(2),
 
    (d) the CAC has not issued a declaration under paragraph 22(2), 27(2), 29(3) or 29(4) in relation to that bargaining unit, and
 
    (e) no notification has been made under paragraph 24(2).
      (2) Another relevant application is not admissible if-
 
 
    (a) at least one worker falling within the relevant bargaining unit also falls within the bargaining unit referred to in sub-paragraph (1), and
 
    (b) the application is made by a union (or unions) other than the union (or unions) which made the application referred to in sub-paragraph (1).
      (3) A relevant application is an application under paragraph 11 or 12.
 
      (4) The relevant bargaining unit is-
 
 
    (a) the proposed bargaining unit, where the application is under paragraph 11(2) or 12(2);
 
    (b) the agreed bargaining unit, where the application is under paragraph 12(4).
 
previous section contents continue
 
House of Lords home page Houses of Parliament home page House of Commons home page search page enquiries

© Parliamentary copyright 1999
Prepared 9 July 1999