 | |
| | 30. - (1) This paragraph applies if the CAC accepts for decision an application under paragraph 9 or 10 relating to a bargaining unit.
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(2) The CAC must not accept for decision another application under paragraph 9 or 10 if-
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(a) the application is made within the period of 3 years starting with the date of the application mentioned in sub-paragraph (1), |
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(b) the bargaining unit concerned is the same or substantially the same as the bargaining unit mentioned in sub-paragraph (1), and |
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(c) the application is made by the union (or unions) which made the application mentioned in sub-paragraph (1). |
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(3) This paragraph does not apply if paragraph 31 applies.
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| | 31. - (1) This paragraph applies if the CAC issues a declaration that a union is (or unions are) not entitled to be recognised as entitled to conduct collective bargaining on behalf of a bargaining unit.
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(2) The CAC must not accept for decision an application under paragraph 9 or 10 if-
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(a) the application is made within the period of 3 years starting with the date of the declaration, |
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(b) the bargaining unit concerned is the same or substantially the same as the bargaining unit mentioned in sub-paragraph (1), and |
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(c) the application is made by the union (or unions) which made the application leading to the declaration. |
| | 32. - (1) This paragraph applies for the purposes of paragraphs 30 and 31.
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(2) It is for the CAC to decide whether one bargaining unit 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.
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PART II |
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VOLUNTARY RECOGNITION |
| |
Introduction |
| | 33. This Part of this Schedule applies if-
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(a) an employer and a union (or unions) have at any time agreed that the union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of a group or groups of workers employed by the employer, |
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(b) the union (or every union) has a certificate under section 6 that it is independent, and |
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(c) the agreement is still effective. |
| | 34. - (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 parties are to the union (or unions) and the employer.
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(4) References to collective bargaining are to negotiations relating to the matters listed in section 178(2), excluding training.
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(5) But 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.
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Application to CAC to specify method |
| | 35. - (1) If the condition set out in sub-paragraph (2) is fulfilled, the employer or the union (or unions) may apply to the CAC to specify a method by which the parties are to conduct collective bargaining on behalf of the bargaining unit.
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(2) The condition is that the employer, taken with any associated employer or employers, must-
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(a) employ at least 21 workers on the day the application 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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(3) To find the average under sub-paragraph (2)(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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(4) In applying section 297 for the purposes of sub-paragraph (2) any company incorporated outside the United Kingdom must be ignored.
|
| | 36. - (1) An application to the CAC is invalid unless-
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(a) it is made in such form as the CAC specifies, and |
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(b) it is supported by such documents as the CAC specifies. |
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(2) An application to the CAC is invalid unless the applicant gives to the other party-
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(a) notice of the application, and |
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(b) a copy of the application and any documents supporting it. |
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(3) If there is a dispute between the applicant and the other party as to whether or when sub-paragraph (2) has been fulfilled, it is for the applicant to show that it was or when it was fulfilled.
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(4) If requested to do so by the parties the CAC must decide such a dispute.
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(5) In this paragraph-
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(a) references to the applicant are to the union (or unions) or to the employer making the application; |
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(b) references to the other party are to the employer or to the union (or unions). |
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CAC's response to application |
| | 37. - (1) The CAC must not accept an application for decision unless it decides that-
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(a) paragraph 33 and the condition in paragraph 35(2) are fulfilled, and |
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(b) one of the conditions in sub-paragraph (2) is satisfied. |
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(2) The conditions are that-
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(a) the parties have not agreed a method by which they are to conduct collective bargaining on behalf of the bargaining unit; |
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(b) the parties have agreed such a method but have failed to carry out the agreement. |
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(3) If the CAC accepts an application for decision it must try to help the parties to reach in the agreement period an agreement on a method by which they will conduct collective bargaining.
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(4) 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.
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(5) Any method specified under sub-paragraph (4) is to have effect as if it were contained in a legally enforceable contract made by the parties.
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(6) But if the parties agree in writing-
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(a) that sub-paragraph (5) shall not apply, or shall not apply to particular parts of the method specified by the CAC, or |
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(b) to vary or replace the method specified by the CAC, |
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the written agreement shall have effect as a legally enforceable contract made by the parties.
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(7) Specific performance shall be the only remedy available for breach of anything which is a legally enforceable contract by virtue of this paragraph.
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(8) If at any time before a specification is made under sub-paragraph (4) the parties jointly apply to the CAC requesting it to stop taking steps under this paragraph, the CAC must comply with the request.
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(9) The agreement period is-
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(a) the period of 28 days starting with the day after that on which the CAC receives the application under paragraph 35, or |
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(b) such longer period (so starting) as the parties may from time to time agree. |
| |
PART III |
| |
DERECOGNITION: GENERAL |
| |
Introduction |
| | 38. - (1) This Part of this Schedule applies if-
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(a) 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, and |
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(b) the parties have agreed under paragraph 21 or 22 a method by which they will conduct collective bargaining. |
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(2) In such a case references in this Part of this Schedule to the bargaining arrangements are to-
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(b) the parties' agreement. |
| | 39. - (1) This Part of this Schedule also applies if-
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(a) 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, and |
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(b) the CAC has specified to the parties under paragraph 22(3) the method by which they are to conduct collective bargaining. |
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(2) In such a case references in this Part of this Schedule to the bargaining arrangements are to-
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(b) anything effective as, or as if contained in, a legally enforceable contract by virtue of paragraph 22. |
| | 40. - (1) This Part of this Schedule also applies if-
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(a) the parties have agreed that a union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of a bargaining unit, |
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(b) the CAC has specified to the parties under paragraph 37(4) the method by which they are to conduct collective bargaining, and |
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(c) the parties have not agreed in writing to replace the method or that paragraph 37(5) shall not apply. |
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(2) In such a case references in this Part of this Schedule to the bargaining arrangements are to-
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(a) the parties' agreement mentioned in sub-paragraph (1)(a), and |
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(b) anything effective as, or as if contained in, a legally enforceable contract by virtue of paragraph 37. |
| | 41. 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-
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(a) the date of the CAC's declaration (where this Part applies by virtue of paragraph 38 or 39); |
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(b) the date of the parties' agreement mentioned in paragraph 40(1)(a) (where this Part applies by virtue of paragraph 40). |
| | 42. References in this Part of this Schedule to the parties are to the employer and the union (or unions) concerned.
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Employer employs fewer than 21 workers |
| | 43. - (1) This paragraph applies if-
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| |
(a) after the relevant date the employer gives to the union (or each of the unions) a written notice complying with sub-paragraph (2), and |
| |
(b) the employer, taken with any associated employer or employers, employed an average of less than 21 workers in the period of 13 weeks ending with the day preceding that on which the notice is given. |
| |
(2) A notice complies with this sub-paragraph if it-
|
| |
(a) identifies the bargaining arrangements, |
| |
(b) states the date on which the notice is given, |
| |
(c) states that the employer, taken with any associated employer or employers, employed an average of less than 21 workers in the period of 13 weeks ending with the day preceding that on which the notice is given, and |
| |
(d) 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 25 working days starting with the day on which the notice is given. |
| |
(3) If the union does not (or unions do not) apply to the CAC under paragraph 44 the bargaining arrangements shall cease to have effect on the date specified under sub-paragraph (2)(d).
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(4) To find the average number of workers employed by the employer, taken with any associated employer or employers, in the period of 13 weeks ending with the day preceding that on which the notice is given-
|
| |
(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) In applying section 297 for the purposes of this paragraph any company incorporated outside the United Kingdom must be ignored.
|
| | 44. - (1) This paragraph applies if-
|
| |
(a) a notice is given which purports to be given under paragraph 43, and |
| |
(b) within the period of 10 working days starting with the day on which the notice is given, the union (or unions) make an application to the CAC for a decision whether paragraph 43(1)(b) is fulfilled or whether the notice is given in accordance with paragraph 43 (or both those questions). |
| |
(2) An application to the CAC is invalid 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 to the CAC is invalid 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) If there is a dispute between the union (or unions) and the employer as to whether or when sub-paragraph (3) has been fulfilled, it is for the union (or unions) to show that it was or when it was fulfilled.
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| |
(5) If requested to do so by the parties the CAC must decide such a dispute.
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| |
(6) The CAC-
|
| |
(a) must give the employer and the union (or unions) an opportunity to put their views on the question whether paragraph 43(1)(b) is fulfilled or whether the notice is given in accordance with paragraph 43 (or both those questions); |
| |
(b) must decide the question (or questions) within the period of 10 working days starting with the day it receives the application and must give reasons for the decision. |
| |
(7) If the CAC decides that paragraph 43(1)(b) is fulfilled and that the notice is given in accordance with paragraph 43, the bargaining arrangements shall cease to have effect on the date specified under paragraph 43(2)(d).
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(8) If the CAC decides that paragraph 43(1)(b) is not fulfilled or that the notice is not given in accordance with paragraph 43, the notice shall be treated as not having been given.
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