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| | 60. 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 the date of the CAC's declaration.
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| | 61. 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's request to end arrangements |
| | 62. - (1) This paragraph and paragraphs 63 to 65 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, |
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(c) states that it is made under this Schedule, and |
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(d) states that fewer than half of the workers constituting the bargaining unit are members of the union (or unions). |
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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 must decide such a dispute.
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| | 63. - (1) If before the end of the negotiation 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) If no such agreement is made before the end of the negotiation period, 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) The negotiation 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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or such longer period (so starting) as the parties may from time to time agree.
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| | 64. - (1) An application to the CAC under paragraph 63 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 63 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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| | 65. - (1) The CAC must not proceed with an application under paragraph 63 unless it is satisfied that fewer than half of the workers constituting the bargaining unit are members of the union (or unions).
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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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Ballot on derecognition |
| | 66. - (1) Paragraph 53 applies if the CAC proceeds with an application under paragraph 63 after deciding under paragraph 65 (as well as in the cases mentioned in paragraph 53(1) and (2)).
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(2) Paragraphs 54 to 57 apply accordingly, but as if-
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(a) the reference in paragraph 55(4) to paragraph 47 or 48 were to paragraph 47, 48 or 63; |
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(b) the reference in paragraph 57(4) to paragraph 47, 48 or 51 were to paragraph 47, 48, 51 or 63. |
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PART V |
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DERECOGNITION WHERE UNION NOT INDEPENDENT |
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Introduction |
| | 67. - (1) This Part of this Schedule applies if-
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(a) an employer and a union (or unions) have agreed that the union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of a group of workers, and |
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(b) the union does not have (or none of the unions has) a certificate under section 6 that it is independent. |
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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) any agreement between the parties as to the method by which they will conduct collective bargaining. |
| | 68. 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 the date of the parties' agreement mentioned in paragraph 67(1)(a).
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| | 69. In this Part of this Schedule-
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(a) references to the parties are to the employer and the union (or unions); |
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(b) references to the bargaining unit are to the group of workers referred to in paragraph 67(1)(a). |
| | 70. The meaning of collective bargaining given by section 178(1) shall not apply in relation to this Part of this Schedule.
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Workers' request to end arrangements |
| | 71. - (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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| | 72. - (1) The CAC must not proceed with an application under paragraph 71 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) 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 |
| | 73. - (1) Paragraph 53 applies if-
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(a) the CAC proceeds with an application under paragraph 71 after deciding under paragraph 72, and |
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(b) in the period mentioned in paragraph 72(4) there is no agreement or withdrawal as there described |
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(as well as in the cases mentioned in paragraph 53(1) and (2)).
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(2) Paragraphs 54 to 57 apply accordingly, but as if-
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(a) the reference in paragraph 55(4) to paragraph 47 or 48 were to paragraph 47, 48 or 71; |
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(b) the reference in paragraph 57(4) to paragraph 47, 48 or 51 were to paragraph 47, 48, 51 or 71. |
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PART VI |
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DETRIMENT |
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Detriment |
| | 74. - (1) A worker has a right not to be subjected to any detriment by any act, or any deliberate failure to act, by his employer if the act or failure takes place on any of the grounds set out in sub-paragraph (2).
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(2) The grounds are that-
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(a) the worker acted with a view to obtaining or preventing recognition of a union (or unions) by the employer under Part I of this Schedule; |
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(b) the worker indicated that he supported or did not support recognition of a union (or unions) by the employer under Part I of this Schedule; |
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(c) the worker acted with a view to securing or preventing the ending of bargaining arrangements under Part III, IV or V of this Schedule; |
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(d) the worker indicated that he supported or did not support the ending of bargaining arrangements under Part III, IV or V of this Schedule; |
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(e) the worker influenced or sought to influence the way in which votes were to be cast by other workers in a ballot arranged under this Schedule; |
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(f) the worker influenced or sought to influence other workers to vote or to abstain from voting in such a ballot; |
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(g) the worker voted in such a ballot; |
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(h) the worker proposed to do, failed to do, or proposed to decline to do, any of the things referred to in paragraphs (a) to (g). |
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(3) A ground does not fall within sub-paragraph (2) if it constitutes-
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(a) a breach by the worker of his worker's contract with his employer, or |
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(b) an unreasonable act or omission by the worker. |
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(4) This paragraph does not apply if the worker is an employee and the detriment amounts to dismissal within the meaning of the Employment Rights Act 1996.
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(5) A worker may present a complaint to an employment tribunal on the ground that he has been subjected to a detriment in contravention of this paragraph.
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(6) Apart from the remedy by way of complaint as mentioned in sub-paragraph (5), a worker has no remedy for infringement of the right conferred on him by this paragraph.
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