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Lord McIntosh of Haringey moved Amendments Nos. 28 and 29:


Page 31, line 33, leave out from beginning to end of line 37 and insert--
("(4) The condition is that the union (or every union) has a certificate under section 6 that it is independent.")
Page 33, line 13, at end insert--
("(5A) If the CAC accepts an application, the applicant may not withdraw it after the end of the agreement period.")

The noble Lord said: My Lords, these amendments were spoken to with Amendment No. 5. I beg to move.

On Question, amendments agreed to.

Lord McIntosh of Haringey moved Amendment No. 30:


Page 33, line 27, at end insert (", and
("(b) provisions relating to the collective bargaining method apply in relation to the unit.")

The noble Lord said: My Lords, in moving Amendment No. 30 I wish to speak also to Amendments Nos. 31 to 35, 37, 38, 41 to 48 and 50. These amendments concern the treatment of voluntary and semi-voluntary recognition under Part III of the schedule; that is, the schedule dealing with changes affecting the bargaining unit. The amendments can be classified in two categories. The first category is amendments to the scope of Part III which mean it will apply only to unions which were recognised through the statutory process in Part I. The second category of amendments ensures that Part III deals appropriately with outside bargaining units; that is, with workers falling within a new unit who are covered by a different collective agreement. The amendments deal with the various categories of recognition in the outside unit; that is to say, voluntary, semi-voluntary and statutory. There are also some minor or consequential changes.

I turn to the amendments. Amendments Nos. 30 and 31 ensure that Part III applies only if there is a collective bargaining method. This is for the avoidance of doubt and for logical consistency. Amendment No. 32 is for consistency of wording with Amendment No. 30. Amendments Nos. 34 to 38 and 43 mean that Part III applies only to statutory recognition. If a union and an employer have agreed voluntary or semi-voluntary recognition, it will be up to them to negotiate a change in the bargaining unit if the employer's business changes.

Amendments Nos. 41, 42, 45, 46 and 48 correct a deficiency in the schedule. Paragraph 66 deals with the case where the CAC decides on a new bargaining unit which

8 Jul 1999 : Column 1065

contains workers covered by another statutory recognition arrangement. As it stands, the schedule says nothing about how workers in the new unit covered by a voluntary or semi-voluntary agreement should be treated. Amendment No. 46 rectifies this by inserting a new paragraph 66A, similar in construction to paragraph 66, which provides that if a new unit contains workers covered by a voluntary or semi-voluntary recognition agreement recognition will cease for members of the original unit but the voluntary or semi-voluntary bargaining arrangements will not be affected.

Amendment No. 44 is a minor amendment to allow for the possibility that there may be more than one outside bargaining unit. Amendments Nos. 47 and 50 improve the procedure for dealing with outside bargaining units if there is more than one new unit. At present, paragraph 67 allows the CAC to re-declare recognition in an outside bargaining unit minus any "bites" taken out of that unit by new units. The CAC has to do so separately in relation to each new unit. However, it is possible that more than one new unit will each take a "bite" out of a single outside unit. In this case it would be better for the CAC to wait until it has dealt with all the new units before sorting out what remains of the outside unit. That is what Amendments Nos. 47 and 50 do. I beg to move.

On Question, amendment agreed to.

Lord McIntosh of Haringey moved Amendments Nos. 31 to 54:


Page 33, line 33, at end insert ("which apply in relation to the original unit.")
Page 33, line 34, leave out first ("the")
Page 33, line 43, leave out from beginning to end of line 12 on page 34
Page 35, line 14, leave out ("or agreement")
Page 35, line 32, leave out ("or 47")
Page 38, line 30, leave out ("in") and insert ("under")
Page 38, line 45, leave out ("or agreement")
Page 39, line 12, leave out ("or 47")
Page 40, line 6, leave out ("appropriate or units which are") and insert ("(or units which are)")
Page 40, line 9, leave out ("appropriate or units which are") and insert ("(or units which are)")
Page 40, leave out lines 18 and 19 and insert--
("(1) This paragraph applies if in the CAC's opinion the new unit contains at least one worker falling within a statutory outside bargaining unit.
(1A) In such a case-")
Page 40, line 27, leave out ("the outside unit") and insert ("each statutory outside bargaining unit containing workers who fall within the new unit")
Page 40, line 29, leave out ("or 47")
Page 40, line 30, leave out second ("the") and insert ("an")
Page 40, line 45, leave out ("An") and insert ("A statutory")
Page 41, line 9, at end insert--
("66A.--(1) This paragraph applies if in the CAC's opinion the new unit contains--
(a) at least one worker falling within a voluntary outside bargaining unit, but
(b) no worker falling within a statutory outside bargaining unit.

8 Jul 1999 : Column 1066


(2) In such a case--
(a) the CAC must issue a declaration that the original bargaining arrangements, so far as relating to workers falling within the new unit, are to cease to have effect on a date specified by the CAC in the declaration, and
(b) the original bargaining arrangements shall cease to have effect accordingly.
(3) The original bargaining arrangements are the bargaining arrangements as defined in paragraph 46.
(4) A voluntary outside bargaining unit is a bargaining unit which fulfils these conditions--
(a) it is not the original unit;
(b) a union is (or unions are) recognised as entitled to conduct collective bargaining on its behalf by virtue of an agreement with the employer;
(c) the union (or at least one of the unions) is not a party referred to in paragraph 46.
(5) The date specified under sub-paragraph (2)(a) must be--
(a) the date on which the relevant period expires, or
(b) if the CAC believes that to maintain the original bargaining arrangements would be impracticable or contrary to the interests of good industrial relations, the date after the date on which the declaration is issued;
and the relevant period is the period of 65 working days starting with the day after that on which the declaration is issued.")
Page 41, leave out lines 10 to 33
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.

8 Jul 1999 : Column 1067


(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.

8 Jul 1999 : Column 1068


(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

On Question, amendments agreed to.

[Amendment Nos. 55 and 56 not moved.]


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