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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     89. - (1) If the CAC gives notice under paragraph 87(3) or 88(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 25 applies if the CAC arranges under this paragraph for the holding of a ballot (as well as if the CAC arranges under paragraph 24 for the holding of a ballot).
 
      (5) Paragraphs 26 to 29 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.
      (8) Paragraphs (a) and (b) of sub-paragraph (6) also apply if the CAC issues a declaration under paragraph 27(2).
 
 
Residual workers
     90. - (1) This paragraph applies if-
 
 
    (a) the CAC decides an appropriate bargaining unit or units under paragraph 70 or 79, 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.
     91. - (1) This paragraph applies if-
 
 
    (a) the CAC has proceeded as stated in paragraphs 83 to 89 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 83.
      (2) The CAC must-
 
 
    (a) consider each declaration issued under paragraph 83, 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 66 or 75 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.
 
Applications under this Part
     92. - (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.
 
Withdrawal of application
     93. - (1) If an application under paragraph 66 or 75 is accepted by the CAC, the applicant (or applicants) may not withdraw the application-
 
 
    (a) after the CAC issues a declaration under paragraph 69(3) or 78(3),
 
    (b) after the CAC decides under paragraph 77(2) or 77(3),
 
    (c) after the CAC issues a declaration under paragraph 83(1), 85(2), 86(3) or 87(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 89(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 89(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.
 
Meaning of collective bargaining
     94. - (1) This paragraph applies for the purposes of this Part of this Schedule.
 
      (2) Except in relation to paragraphs 69(5), 78(5) and 83(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 66 or 75 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 69(3)(c), 78(3)(c), 67(5)(b), 85(2)(c), 87(6)(b) and 89(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
     95. - (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.
 
  PART IV
  DERECOGNITION: GENERAL
 
Introduction
     96. - (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.
     97. For the purposes of this Part of this Schedule the relevant date is the date of the expiry of the period of 3 years starting with the date of the CAC's declaration.
 
     98. References in this Part of this Schedule to the parties are to the employer and the union (or unions) concerned.
 
 
Employer employs fewer than 21 workers
     99. - (1) This paragraph applies if-
 
 
    (a) the employer believes that he, taken with any associated employer or employers, employed an average of fewer than 21 workers in any period of 13 weeks, and
 
    (b) that period ends on or after the relevant date.
      (2) If the employer 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 (3) and must give a copy of the notice to the CAC.
 
      (3) A notice complies with this sub-paragraph if it-
 
 
    (a) identifies the bargaining arrangements,
 
    (b) specifies the period of 13 weeks in question,
 
    (c) states the date on which the notice is given,
 
    (d) is given within the period of 5 working days starting with the day after the last day of the specified period of 13 weeks,
 
    (e) states that the employer, taken with any associated employer or employers, employed an average of fewer than 21 workers in the specified period of 13 weeks, and
 
    (f) 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.
      (4) To find the average number of workers employed by the employer, taken with any associated employer or employers, in the specified period of 13 weeks-
 
 
    (a) take the number of workers employed in each of the 13 weeks (including workers not employed for the whole of the week);
 
    (b) aggregate the 13 numbers;
 
    (c) divide the aggregate by 13.
      (5) For the purposes of sub-paragraph (1)(a) any worker employed by an associated company incorporated outside Great Britain must be ignored in relation to a week unless the whole or any part of that week fell within a period during which he ordinarily worked in Great Britain.
 
      (6) For the purposes of sub-paragraph (5) a worker who is employed on board a ship registered in the United Kingdom shall be treated as ordinarily working in Great Britain unless-
 
 
    (a) the ship is registered at a port outside Great Britain,
 
    (b) the employment is wholly outside Great Britain, or
 
    (c) the worker is not ordinarily resident in Great Britain.
      (7) An order made under paragraph 7(6) may also-
 
 
    (a) provide that sub-paragraphs (1) to (6) of this paragraph and paragraphs 100 to 103 are not to apply, or are not to apply in specified circumstances, or
 
    (b) vary the number of workers for the time being specified in sub-paragraphs (1)(a) and (3)(e).
 
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Prepared 9 July 1999