Employment Relations Bill - continued        House of Lords
SCHEDULE A1, COLLECTIVE BARGAINING: RECOGNITION - continued
PART IV, DERECOGNITION: GENERAL - continued
Employer employs fewer than 21 workers - continued

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     100. - (1) Within the validation period the CAC must decide whether the notice complies with paragraph 99(3).
 
      (2) If the CAC decides that the notice does not comply with paragraph 99(3)-
 
 
    (a) the CAC must give the parties notice of its decision, and
 
    (b) the employer's notice shall be treated as not having been given.
      (3) If the CAC decides that the notice complies with paragraph 99(3) it must give the parties notice of the decision.
 
      (4) The bargaining arrangements shall cease to have effect on the date specified under paragraph 99(3)(f) if-
 
 
    (a) the CAC gives notice under sub-paragraph (3), and
 
    (b) the union does not (or unions do not) apply to the CAC under paragraph 101.
      (5) The validation period is-
 
 
    (a) the period of 10 working days starting with the day after that on which the CAC receives the copy of the notice, or
 
    (b) such longer period (so starting) as the CAC may specify to the parties by notice containing reasons for the extension.
     101. - (1) This paragraph applies if-
 
 
    (a) the CAC gives notice under paragraph 100(3), and
 
    (b) within the period of 10 working days starting with the day after that on which the notice is given, the union makes (or unions make) an application to the CAC for a decision whether the period of 13 weeks specified under paragraph 99(3)(b) ends on or after the relevant date and whether the statement made under paragraph 99(3)(e) is correct.
      (2) An application 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.
      (3) An application 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.
      (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.
      (5) 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 106, 107 or 128, or
 
    (c) by a worker (or workers) under paragraph 112.
     102. - (1) The CAC must give notice to the parties of receipt of an application under paragraph 101.
 
      (2) Within the acceptance period the CAC must decide whether the application is admissible within the terms of paragraph 101.
 
      (3) In deciding whether an application is admissible 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 not admissible-
 
 
    (a) the CAC must give notice of its decision to the parties,
 
    (b) the CAC must not accept the application,
 
    (c) no further steps are to be taken under this Part of this Schedule, and
 
    (d) the bargaining arrangements shall cease to have effect on the date specified under paragraph 99(3)(f).
      (5) If the CAC decides that the application is admissible it must-
 
 
    (a) accept the application, and
 
    (b) give notice of the acceptance to the parties.
      (6) The acceptance period is-
 
 
    (a) the period of 10 working days starting with the day after that on which the CAC receives the application, or
 
    (b) such longer period (so starting) as the CAC may specify to the parties by notice containing reasons for the extension.
     103. - (1) If the CAC accepts an application it-
 
 
    (a) must give the employer and the union (or unions) an opportunity to put their views on the questions whether the period of 13 weeks specified under paragraph 99(3)(b) ends on or after the relevant date and whether the statement made under paragraph 99(3)(e) is correct;
 
    (b) must decide the questions within the decision period and must give reasons for the decision.
      (2) If the CAC decides that the period of 13 weeks specified under paragraph 99(3)(b) ends on or after the relevant date and that the statement made under paragraph 99(3)(e) is correct the bargaining arrangements shall cease to have effect on the termination date.
 
      (3) If the CAC decides that the period of 13 weeks specified under paragraph 99(3)(b) does not end on or after the relevant date or that the statement made under paragraph 99(3)(e) is not correct, the notice under paragraph 99 shall be treated as not having been given.
 
      (4) The decision period is-
 
 
    (a) the period of 10 working days starting with the day after that on which the CAC gives notice of acceptance of the application, or
 
    (b) such longer period (so starting) as the CAC may specify to the parties by notice containing reasons for the extension.
      (5) The termination date is the later of-
 
 
    (a) the date specified under paragraph 99(3)(f), and
 
    (b) the day after the last day of the decision period.
 
Employer's request to end arrangements
     104. - (1) This paragraph and paragraphs 105 to 111 apply if after the relevant date the employer requests the union (or each of the unions) to agree to end the bargaining arrangements.
 
      (2) The request is not valid unless it-
 
 
    (a) is in writing,
 
    (b) is received by the union (or each of the unions),
 
    (c) identifies the bargaining arrangements, and
 
    (d) states that it is made under this Schedule.
     105. - (1) If before the end of the first period the parties agree to end the bargaining arrangements no further steps are to be taken under this Part of this Schedule.
 
      (2) Sub-paragraph (3) applies if before the end of the first period-
 
 
    (a) the union informs the employer that the union does not accept the request but is willing to negotiate, or
 
    (b) the unions inform the employer that the unions do not accept the request but are willing to negotiate.
      (3) The parties may conduct negotiations with a view to agreeing to end the bargaining arrangements.
 
      (4) If such an agreement is made before the end of the second period no further steps are to be taken under this Part of this Schedule.
 
      (5) The employer and the union (or unions) may request ACAS to assist in conducting the negotiations.
 
      (6) The first period is the period of 10 working days starting with the day after-
 
 
    (a) the day on which the union receives the request, or
 
    (b) the last day on which any of the unions receives the request.
      (7) The second period is-
 
 
    (a) the period of 20 working days starting with the day after that on which the first period ends, or
 
    (b) such longer period (so starting) as the parties may from time to time agree.
     106. - (1) This paragraph applies if-
 
 
    (a) before the end of the first period the union fails (or unions fail) to respond to the request, or
 
    (b) before the end of the first period the union informs the employer that it does not (or unions inform the employer that they do not) accept the request (without indicating a willingness to negotiate).
      (2) The employer may apply to the CAC for the holding of a secret ballot to decide whether the bargaining arrangements should be ended.
 
     107. - (1) This paragraph applies if -
 
 
    (a) the union informs (or unions inform) the employer under paragraph 105(2), and
 
    (b) no agreement is made before the end of the second period.
      (2) The employer may apply to the CAC for the holding of a secret ballot to decide whether the bargaining arrangements should be ended.
 
      (3) But no application may be made if within the period of 10 working days starting with the day after that on which the union informs (or unions inform) the employer under paragraph 105(2) the union proposes (or unions propose) that ACAS be requested to assist in conducting the negotiations and-
 
 
    (a) the employer rejects the proposal, or
 
    (b) the employer fails to accept the proposal within the period of 10 working days starting with the day after that on which the union makes (or unions make) the proposal.
     108. - (1) An application under paragraph 106 or 107 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 under paragraph 106 or 107 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.
     109. - (1) An application under paragraph 106 or 107 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 or 107,
 
    (b) the relevant application and the application under paragraph 106 or 107 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 101,
 
    (b) by the employer under paragraph 106, 107 or 128, or
 
    (c) by a worker (or workers) under paragraph 112.
     110. - (1) An application under paragraph 106 or 107 is not admissible unless the CAC decides that-
 
 
    (a) at least 10 per cent of the workers constituting the bargaining unit favour an end of the bargaining arrangements, and
 
    (b) a majority of the workers constituting the bargaining unit would be likely to favour an end of the bargaining arrangements.
      (2) The CAC must give reasons for the decision.
 
     111. - (1) The CAC must give notice to the parties of receipt of an application under paragraph 106 or 107.
 
      (2) Within the acceptance period the CAC must decide whether-
 
 
    (a) the request is valid within the terms of paragraph 104, and
 
    (b) the application is made in accordance with paragraph 106 or 107 and admissible within the terms of paragraphs 108 to 110.
      (3) In deciding those questions 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 request is not valid or the application is not made in accordance with paragraph 106 or 107 or is not admissible-
 
 
    (a) the CAC must give notice of its decision to the parties,
 
    (b) the CAC must not accept the application, and
 
    (c) no further steps are to be taken under this Part of this Schedule.
      (5) If the CAC decides that the request is valid and the application is made in accordance with paragraph 106 or 107 and is admissible it must-
 
 
    (a) accept the application, and
 
    (b) give notice of the acceptance to the parties.
      (6) The acceptance period is-
 
 
    (a) the period of 10 working days starting with the day after that on which the CAC receives the application, or
 
    (b) such longer period (so starting) as the CAC may specify to the parties by notice containing reasons for the extension.
 
Workers' application to end arrangements
     112. - (1) A worker or workers falling within the bargaining unit may after the relevant date apply to the CAC to have the bargaining arrangements ended.
 
      (2) An application 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.
      (3) An application is not admissible unless the worker gives (or workers give) to the employer and 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.
     113. - (1) An application under paragraph 112 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 112,
 
    (b) the relevant application and the application under paragraph 112 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 101,
 
    (b) by the employer under paragraph 106, 107 or 128, or
 
    (c) by a worker (or workers) under paragraph 112.
     114. - (1) An application under paragraph 112 is not admissible unless the CAC decides that-
 
 
    (a) at least 10 per cent of the workers constituting the bargaining unit favour an end of the bargaining arrangements, and
 
    (b) a majority of the workers constituting the bargaining unit would be likely to favour an end of the bargaining arrangements.
      (2) The CAC must give reasons for the decision.
 
 
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Prepared 9 July 1999