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Employer's request to end arrangements |
| | 45. - (1) This paragraph and paragraphs 46 to 50 apply if after the relevant date the employer requests the union (or each of the unions) to agree to end the bargaining arrangements, and if the request-
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(b) identifies the bargaining arrangements, and |
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(c) states that it is made under this Schedule. |
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(2) If there is a dispute between the employer and the union (or unions) as to whether or when a request has been received by the union (or unions) it is for the employer 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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| | 46. - (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 in relation to the request.
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(2) Sub-paragraph (3) applies if before the end of the first period-
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(a) the union informs the employer that the union does not accept the request but is willing to negotiate, or |
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(b) the unions inform the employer that the unions do not accept the request but are willing to negotiate. |
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(3) The parties may in the second period conduct negotiations with a view to agreeing to end the bargaining arrangements.
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(4) If such an agreement is made in the second period no further steps are to be taken under this Part of this Schedule in relation to the request.
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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-
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(a) the day on which the union receives the request, or |
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(b) the last day on which any of the unions 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. |
| | 47. - (1) This paragraph applies if-
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(a) before the end of the first period the union fails (or unions fail) to respond to the request, or |
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(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). |
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(2) The employer may apply to the CAC for the holding of a secret ballot to decide whether the bargaining arrangements should be ended.
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| | 48. - (1) This paragraph applies if -
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(a) the union informs (or unions inform) the employer under paragraph 46(2), and |
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(b) no agreement is made in the second period. |
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(2) The employer may apply to the CAC for the holding of a secret ballot to decide whether the bargaining arrangements should be ended.
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(3) But no application may be made if within the period of 14 days starting with the day after that on which the union informs (or unions inform) the employer under paragraph 46(2) the union proposes (or unions propose) that ACAS be requested to assist in conducting the negotiations and the employer rejects the proposal.
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| | 49. - (1) An application to the CAC under paragraph 47 or 48 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 under paragraph 47 or 48 is invalid unless the employer gives to the union (or each of the unions)-
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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 employer and the union (or unions) as to whether or when sub-paragraph (2) has been fulfilled, it is for the employer 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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| | 50. - (1) The CAC must not proceed with an application under paragraph 47 or 48 unless it decides that-
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(a) at least 10 per cent of the workers constituting the bargaining unit favour an end of the bargaining arrangements, and |
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(b) there is prima facie evidence that a majority of the workers constituting the bargaining unit would be likely to favour an end of the bargaining arrangements. |
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(2) The CAC must decide under sub-paragraph (1) within the period of 10 working days starting with the day it receives the application and must give reasons for the decision.
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Workers' request to end arrangements |
| | 51. - (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.
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(2) If there is a dispute between the worker (or workers) and-
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(a) the union (or unions), or |
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as to whether or when an application was made it is for the worker (or workers) to show that it was made and when it was made.
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(3) An application 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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(4) An application is invalid unless the worker gives (or workers give) to the employer and to the union (or each of the unions)-
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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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(5) If there is a dispute between the worker (or workers) and-
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(a) the union (or unions), or |
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as to whether or when sub-paragraph (4) has been fulfilled it is for the worker (or workers) to show that it was or when it was fulfilled.
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(6) If requested to do so the CAC must decide a dispute mentioned in sub-paragraph (2) or (5).
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| | 52. - (1) The CAC must not proceed with an application under paragraph 51 unless it decides that-
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(a) at least 10 per cent of the workers constituting the bargaining unit favour an end of the bargaining arrangements, and |
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(b) there is prima facie evidence that a majority of the workers constituting the bargaining unit would be likely to favour an end of the bargaining arrangements. |
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(2) The CAC must decide under sub-paragraph (1) within the period of 10 working days starting with the day it receives the application and must give reasons for the decision.
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(3) Before deciding under sub-paragraph (1) the CAC must give the employer and the union (or unions) an opportunity to put their views on the questions to be decided.
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(4) If the CAC decides to proceed with the application, in the period of 28 days starting with the day after so deciding the CAC must help the employer, the union (or unions) and the worker (or workers) with a view to-
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(a) the employer and the union (or unions) agreeing to end the bargaining arrangements, or |
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(b) the worker (or workers) withdrawing the application. |
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Ballot on derecognition |
| | 53. - (1) This paragraph applies if the CAC proceeds with an application under paragraph 47 or 48 after deciding under paragraph 50.
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(2) This paragraph also applies if-
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(a) the CAC proceeds with an application under paragraph 51 after deciding under paragraph 52, and |
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(b) in the period mentioned in paragraph 52(4) there is no agreement or withdrawal as there described. |
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(3) The CAC must arrange for the holding of a secret ballot in which the workers constituting the bargaining unit are asked whether the bargaining arrangements should be ended.
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(4) The ballot must be conducted by a qualified independent person appointed by the CAC.
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(5) The ballot must be conducted within-
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(a) the period of 28 days starting with the day after that on which the qualified independent person is appointed, or |
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(b) such longer period (so starting) as the CAC may decide. |
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(6) The ballot must be conducted-
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(a) at a workplace or workplaces decided by the CAC, or |
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depending on the CAC's preference.
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(7) In deciding how the ballot is to be conducted the CAC must take into account-
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(a) the likelihood of the ballot being affected by unfairness or malpractice if it were conducted at a workplace or workplaces; |
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(b) costs and practicality; |
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(c) such other matters as the CAC considers appropriate. |
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(8) A person is a qualified independent person if-
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(a) he satisfies such conditions as may be specified for the purposes of this paragraph by order of the Secretary of State or is himself so specified, and |
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(b) there are no grounds for believing either that he will carry out any functions conferred on him in relation to the ballot otherwise than competently or that his independence in relation to the ballot might reasonably be called into question. |
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(9) An order under sub-paragraph (8)(a) shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
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(10) As soon as is reasonably practicable after the CAC has decided to arrange for the holding of a ballot it must inform the employer and the union (or unions)-
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(b) of the name of the person appointed to conduct the ballot and the date of his appointment; |
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(c) of the period within which the ballot must be conducted; |
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(d) whether the ballot is to be conducted by post or at a workplace or workplaces; |
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(e) of the workplace or workplaces concerned (if the ballot is to be conducted at a workplace or workplaces). |
| | 54. - (1) An employer who is informed by the CAC under paragraph 53(10) must comply with the following three duties.
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(2) The first duty is to co-operate generally, in connection with the ballot, with the union (or unions) and the person appointed to conduct the ballot; and the second and third duties are not to prejudice the generality of this.
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(3) The second duty is to give to the union (or unions) such access to the workers constituting the bargaining unit as is reasonable to enable the union (or unions) to inform the workers of the object of the ballot and to seek their support and their opinions on the issues involved.
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(4) The third duty is to do the following (so far as it is reasonable to expect the employer to do so)-
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(a) to give to the CAC, within the period of 10 working days starting with the day the employer is informed under paragraph 53(10), the names and home addresses of the workers constituting the bargaining unit; |
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(b) to give to the CAC, as soon as is reasonably practicable, the name and home address of any worker who joins the unit after the employer has complied with paragraph (a); |
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(c) to inform the CAC, as soon as is reasonably practicable, of any worker whose name has been given to the CAC under paragraph (a) or (b) but who ceases to be within the unit. |
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(5) As soon as is reasonably practicable after the CAC receives any information under sub-paragraph (4) it must pass it on to the person appointed to conduct the ballot.
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(6) If asked to do so by the union (or unions) the person appointed to conduct the ballot must send to any worker-
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(a) whose name and home address have been given under sub-paragraph (5), and |
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(b) who is still within the unit (so far as the person so appointed is aware), |
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any information supplied by the union (or unions) to the person so appointed.
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(7) The duty under sub-paragraph (6) does not apply unless the union bears (or unions bear) the cost of sending the information.
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(8) Each of the following powers shall be taken to include power to issue Codes of Practice about reasonable access for the purposes of sub-paragraph (3)-
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(a) the power of ACAS under section 199(1); |
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(b) the power of the Secretary of State under section 203(1)(a). |
| | 55. - (1) This paragraph applies if-
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(a) the CAC is satisfied that the employer has failed to fulfil any of the three duties imposed by paragraph 54, and |
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(b) the ballot has not been held. |
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(2) The CAC may order the employer to take such steps to remedy the failure as the CAC considers reasonable and specifies in the order.
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(3) An order under sub-paragraph (2), on being recorded in a county court, may be enforced in the same way as an order of that court.
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(4) If the ballot has been arranged in consequence of an application under paragraph 47 or 48, instead of making an order under sub-paragraph (2) the CAC may refuse the application.
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(5) If the CAC refuses an application under sub-paragraph (4) it shall take steps to cancel the holding of the ballot; and if the ballot is held it shall have no effect.
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| | 56. - (1) This paragraph applies if the holding of a ballot has been arranged under paragraph 53(3), whether or not it has been cancelled.
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(2) The gross costs of the ballot shall be borne-
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(a) as to half, by the employer, and |
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(b) as to half, by the union (or unions). |
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(3) If there is more than one union they shall bear their half of the gross costs-
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(a) in such proportions as they jointly indicate to the person appointed to conduct the ballot, or |
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(b) in the absence of such an indication, in equal shares. |
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(4) The person appointed to conduct the ballot may send to the employer and the union (or each of the unions) a written demand stating-
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(a) the gross costs of the ballot, and |
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(b) the amount of the gross costs to be borne by the recipient. |
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(5) In such a case the recipient must pay the amount stated to the person sending the demand, and must do so within the period of 21 days starting with the day the demand is received.
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(6) In England and Wales, if the amount stated is not paid in accordance with sub-paragraph (5) it shall, if a county court so orders, be recoverable by execution issued from that court or otherwise as if it were payable under an order of that court.
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(7) References to the costs of the ballot are to-
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(a) the costs wholly, exclusively and necessarily incurred in connection with the ballot by the person appointed to conduct it, |
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(b) such reasonable amount as the person appointed to conduct the ballot charges for his services, and |
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(c) such other costs as the employer and the union (or unions) agree. |
| | 57. - (1) As soon as is reasonably practicable after the CAC is informed of the result of a ballot by the person conducting it, the CAC must act under this paragraph.
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(2) The CAC must inform the employer and the union (or unions) of the result of the ballot.
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(3) If the result is that the proposition that the bargaining arrangements should be ended is supported by-
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(a) a majority of the workers voting, and |
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(b) at least 40 per cent of the workers constituting the bargaining unit, |
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the CAC must issue a declaration that the bargaining arrangements are to cease to have effect on a date specified by the CAC in the declaration.
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(4) If the result is otherwise the CAC must refuse the application under paragraph 47, 48 or 51.
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(5) If a declaration is issued under sub-paragraph (3) the bargaining arrangements shall cease to have effect accordingly.
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(6) The Secretary of State may by order amend sub-paragraph (3) so as to specify a different degree of support; and different provision may be made for different circumstances.
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(7) An order under sub-paragraph (6) shall be made by statutory instrument.
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(8) 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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PART IV |
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DERECOGNITION WHERE RECOGNITION AUTOMATIC |
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Introduction |
| | 58. - (1) This Part of this Schedule applies if-
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(a) the CAC has issued a declaration under paragraph 14(2) 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. |
| | 59. - (1) This Part of this Schedule also applies if-
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(a) the CAC has issued a declaration under paragraph 14(2) 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. |
