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S C H E D U L E S |
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SCHEDULE 1
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COLLECTIVE BARGAINING: RECOGNITION |
| | The Schedule to be inserted immediately before Schedule 1 to the Trade Union and Labour Relations (Consolidation) Act 1992 is as follows-
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"SCHEDULE A1
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COLLECTIVE BARGAINING: RECOGNITION |
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PART I |
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RECOGNITION |
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Introduction |
| | 1. A trade union (or trade unions) seeking recognition to be entitled to conduct collective bargaining on behalf of a group or groups of workers may make a request in accordance with this Part of this Schedule.
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| | 2. - (1) This paragraph applies for the purposes of this Part of this Schedule.
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(2) References to the bargaining unit are to the group of workers concerned (or the groups taken together).
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(3) References to the proposed bargaining unit are to the bargaining unit proposed in the request for recognition.
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(4) References to the employer are to the employer of the workers constituting the bargaining unit concerned.
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(5) References to the parties are to the union (or unions) and the employer.
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(6) References to collective bargaining are to negotiations relating to the matters listed in section 178(2).
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(7) But if the request for recognition specifies any matters as the subject of collective bargaining, references to collective bargaining are to negotiations relating to the specified matters.
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(8) If the parties at any time agree matters as the subject of collective bargaining, references to collective bargaining are to negotiations relating to the agreed matters; and sub-paragraph (6) and (7) have effect subject to this.
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Request for recognition |
| | 3. - (1) The union or unions seeking recognition must make a request for recognition to the employer.
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(2) If there is a dispute between the union (or unions) and the employer as to whether or when a request has been received by the employer, it is for the union (or unions) to show that it was received or when it was received.
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(3) If requested to do so by the parties the CAC shall decide such a dispute.
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(4) Paragraphs 4 to 7 apply to the request.
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| | 4. The union (or each of the unions) must have a certificate under section 6 that it is independent.
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| | 5. - (1) The employer, taken with any associated employer or employers, must-
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(a) employ at least 21 workers on the day the request is made, or |
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(b) employ an average of at least 21 workers in the 13 weeks ending with that day. |
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(2) To find the average under sub-paragraph (1)(b)-
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(a) take the number of workers employed in each of the 13 weeks (including workers not employed for the whole of the week); |
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(b) aggregate the 13 numbers; |
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(c) divide the aggregate by 13. |
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(3) In applying section 297 for the purposes of sub-paragraph (1) any company incorporated outside the United Kingdom must be ignored.
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(4) It is for the employer to show that sub-paragraph (1) does not apply.
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(5) The Secretary of State may by order-
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(a) provide that sub-paragraphs (1) to (4) are not to apply, or are not to apply in specified circumstances, or |
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(b) vary the number of workers for the time being specified in sub-paragraph (1); |
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and different provision may be made for different circumstances.
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(6) An order under sub-paragraph (5) shall be made by statutory instrument.
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(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.
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| | 6. The request must-
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(b) identify the union or unions and the bargaining unit; |
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(c) state that it is made under this Schedule. |
| | 7. The Secretary of State may by order made by statutory instrument prescribe the form of requests and the procedure for making them; and if he does so the request must comply with the order.
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Parties agree |
| | 8. - (1) If before the end of the first period the parties agree a bargaining unit and that the union is (or unions are) to be recognised as entitled to conduct collective bargaining on behalf of the unit, no further steps are to be taken under paragraphs 9 to 20.
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(2) If before the end of the first period the employer informs the union (or unions) that the employer does not accept the request but is willing to negotiate, sub-paragraph (3) applies.
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(3) The parties may in the second period conduct negotiations with a view to agreeing a bargaining unit and that the union is (or unions are) to be recognised as entitled to conduct collective bargaining on behalf of the unit.
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(4) If such an agreement is made in the second period no further steps are to be taken under paragraphs 9 to 20.
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(5) The employer and the union (or unions) may request ACAS to assist in conducting the negotiations.
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(6) The first period is the period of 10 working days starting with the day after that on which the employer receives the request.
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(7) The second period is-
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(a) the period of 28 days starting with the day after that on which the first period ends, or |
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(b) such longer period (so starting) as the parties may from time to time agree. |
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Employer rejects request |
| | 9. - (1) This paragraph applies if-
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(a) before the end of the first period the employer fails to respond to the request, or |
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(b) before the end of the first period the employer informs the union (or unions) that the employer does not accept the request (without indicating a willingness to negotiate). |
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(2) The union (or unions) may apply to the CAC to decide one or more of the following-
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(a) whether the proposed bargaining unit is appropriate or some other bargaining unit is appropriate; |
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(b) whether the union has (or unions have) the support of a majority of the workers constituting the appropriate bargaining unit. |
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Negotiations fail |
| | 10. - (1) This paragraph applies if-
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(a) the employer informs the union (or unions) under paragraph 8(2), and |
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(b) no agreement is made in the second period. |
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(2) The union (or unions) may apply to the CAC to decide one or more of the following-
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(a) whether the proposed bargaining unit is appropriate or some other bargaining unit is appropriate; |
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(b) whether the union has (or unions have) the support of a majority of the workers constituting the appropriate bargaining unit. |
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(3) But no application may be made if within the period of 10 working days starting with the day after that on which the employer informs the union (or unions) under paragraph 8(2) the employer proposes that ACAS be requested to assist in conducting the negotiations and-
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(a) the union rejects (or unions reject) the proposal, or |
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(b) the union fails (or unions fail) to accept the proposal within the period of 10 working days starting with the day after that on which the employer makes the proposal. |
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Appropriate bargaining unit |
| | 11. - (1) If the CAC accepts an application to decide the question in paragraph 9(2)(a) or 10(2)(a) it must try to help the parties to reach within the appropriate period an agreement as to what the appropriate bargaining unit is.
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(2) The appropriate period is-
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(a) the period of 28 days starting with the day after that on which the CAC accepts the application for decision, or |
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(b) such longer period (so starting) as the CAC may specify to the parties by notice containing reasons for the extension. |
| | 12. - (1) This paragraph applies if-
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(a) the CAC accepts an application to decide the question in paragraph 9(2)(a) or 10(2)(a), and |
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(b) the parties have not agreed an appropriate bargaining unit at the end of the appropriate period. |
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(2) The CAC must decide the appropriate bargaining unit within-
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(a) the period of 10 working days starting with the day after that on which the appropriate period ends, or |
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(b) such longer period (so starting) as the CAC may specify to the parties by notice containing reasons for the extension. |
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(3) In deciding the appropriate bargaining unit the CAC must take these matters into account-
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(a) the need for the unit to be compatible with effective management; |
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(b) the matters listed in sub-paragraph (4), so far as they do not conflict with that need. |
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(4) The matters are-
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(a) the views of the employer and of the union (or unions); |
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(b) existing national and local bargaining arrangements; |
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(c) the desirability of avoiding small fragmented bargaining units within an undertaking; |
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(d) the characteristics of workers falling within the proposed bargaining unit and of any other employees of the employer whom the CAC considers relevant; |
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(e) the location of workers. |
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(5) If, at any time before the CAC decides under this paragraph, the union requests (or unions request) the CAC to stop taking steps under it, the CAC must comply with the request.
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Union recognition |
| | 13. - (1) This paragraph applies if-
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(a) the CAC accepts an application to decide the questions in paragraph 9(2)(a) and (b) or 10(2)(a) and (b), and |
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(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. |
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(2) The CAC must decide whether the union is (or unions are) likely to have the support of a majority of the workers constituting the unit.
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(3) The CAC must not proceed with the application unless it is satisfied that the union is (or unions are) likely to have such support.
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| | 14. - (1) This paragraph applies if-
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(a) the CAC proceeds with an application in accordance with paragraph 13, and |
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(b) the union shows (or unions show) that a majority of the workers constituting the bargaining unit are members of the union (or unions). |
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(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.
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(3) But if any of the three qualifying conditions is fulfilled, instead of issuing a declaration under sub-paragraph (2) the CAC must 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.
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(4) These are the three qualifying conditions-
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(a) the CAC is satisfied that a ballot should be held in the interests of good industrial relations; |
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(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; |
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(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. |
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(5) For the purposes of sub-paragraph (4)(c) membership evidence is-
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(a) evidence about the circumstances in which union members became members; |
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(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. |
