S.C.E.
Amendment Paper as at
Tuesday 16th March 1999
STANDING COMMITTEE E
New Amendments handed in are marked thus *
EMPLOYMENT RELATIONS BILL
NOTE
The Amendments have been arranged in accordance with the Order of the Committee [2nd March], as follows:
Clauses 17 to 26, Schedule 4, Clause 15, Clause 1, Schedule 1, Clause 2, Schedule 2, Clauses 3 to 7, Clause 16, Clauses 27 to 35, Schedule 5, Clauses 36 to 38, new Clauses, new Schedules.
Mr Tim Boswell
Mr Tim Collins
Mr John Bercow
1
Page 1, line 6, leave out Clause 1.
Mr Tim Boswell
Mr Tim Collins
Mr John Bercow
3
Schedule 1, page 20, line 14, leave out '(or trade unions)'.
Mr Tim Boswell
Mr Tim Collins
Mr John Bercow
4
Schedule 1, page 20, line 22, after second 'employer', insert '(or employers)'.
Mr Ian McCartney
215
Schedule 1, page 20, line 25, leave out from 'relating to' to end of line 29 and insert 'pay, hours and holidays; but this has effect subject to sub-paragraph (8).'.
Mr Tim Boswell
Mr Tim Collins
Mr John Bercow
5
Schedule 1, page 20, leave out lines 27 to 29.
Mr Ian McCartney
216
Schedule 1, page 20, line 32, leave out from 'matters;' to end of line and insert 'but this does not apply in construing paragraph 22(3).'
Mr Tim Boswell
Mr Tim Collins
Mr John Bercow
6
Schedule 1, page 20, line 35, after 'employer', insert '(or employers)'.
Mr Ian McCartney
163
Schedule 1, page 20, leave out lines 36 to 40 and insert—
'(2) Paragraphs 3A to 7 apply to the request.
3A. The request is not valid unless it is received by the employer.'.
Mr Ian McCartney
164
Schedule 1, page 20, line 41, leave out from 'The' to 'a' and insert 'request is not valid unless the union (or each of the unions) has'.
Mr Tim Boswell
Mr Tim Collins
Mr John Bercow
7
Schedule 1, page 20, line 42, at end insert 'and if it ceases to be independent at any future time when recognised under this Schedule, its recognition shall be automatically voided'.
Mr Ian McCartney
165
Schedule 1, page 21, line 1, leave out from 'The' to 'an' in line 3 and insert 'request is not valid unless the employer, taken with any associated employer or employers, employs—
(a) at least 21 workers on the day the employer receives the request, or
Mr Tim Boswell
Mr Tim Collins
Mr John Bercow
8
Schedule 1, page 21, line 1, leave out ', taken with any associated employer or employers,'.
Mr Tim Boswell
Mr Tim Collins
Mr John Bercow
9
Schedule 1, page 21, line 2, leave out '21' and insert '51'.
Mr Tim Boswell
Mr Tim Collins
234
Schedule 1, page 21, line 2, after 'workers', insert 'in the relevant bargaining unit'.
Mr Tim Boswell
Mr Tim Collins
Mr John Bercow
10
Schedule 1, page 21, line 2, leave out from 'made' to end of line 3.
Mr Tim Boswell
Mr Tim Collins
235
Schedule 1, page 21, line 3, after 'workers', insert 'in the relevant bargaining unit.'
Mr Ian McCartney
166
Schedule 1, page 21, leave out line 11.
Mr Ian McCartney
167
Schedule 1, page 21, line 20, leave out from 'The' to 'that' in line 23 and insert 'request is not valid unless it—
(b) identifies the union or unions and the bargaining unit, and
Mr Ian McCartney
168
Schedule 1, page 21, line 25, leave out 'must comply' and insert 'is not valid unless it complies'.
Mr Ian McCartney
169
Schedule 1, page 21, line 30, leave out 'paragraphs 9 to 20' and insert 'this Part of this Schedule'.
Mr Ian McCartney
170
Schedule 1, page 21, line 38, leave out 'paragraphs 9 to 20' and insert 'this Part of this Schedule'.
Mr Tim Boswell
Mr Tim Collins
Mr John Bercow
11
Schedule 1, page 21, line 41, leave out '10' and insert '20'.
Mr Ian McCartney
183
Schedule 1, page 22, line 8, leave out 'one or more of the following' and insert 'both these questions'.
Mr Ian McCartney
184
Schedule 1, page 22, line 15, leave out 'This paragraph' and insert 'Sub-paragraph (2)'.
Mr Ian McCartney
185
Schedule 1, page 22, line 18, leave out 'one or more of the following' and insert 'both these questions'.
Mr Ian McCartney
186
Schedule 1, page 22, line 23, at end insert—
'(2A) Sub-paragraph (2B) applies if—
(a) the employer informs the union (or unions) under paragraph 8(2), and
(b) in the second period the parties agree a bargaining unit but not that the union is (or unions are) to be recognised as entitled to conduct collective bargaining on behalf of the unit.
(2B) The union (or unions) may apply to the CAC to decide the question whether the union has (or unions have) the support of a majority of the workers constituting the bargaining unit.'.
Mr Ian McCartney
187
Schedule 1, page 22, line 24, after 'made', insert 'under this paragraph'.
Mr Tim Boswell
Mr Tim Collins
Mr John Bercow
12
Schedule 1, page 22, line 24, leave out '10' and insert '20'.
Mr Tim Boswell
Mr Tim Collins
Mr John Bercow
13
Schedule 1, page 22, line 29, leave out '10' and insert '20'.
Mr Ian McCartney
171
Schedule 1, page 22, line 31, at end insert—
'Acceptance of applications
10A. The CAC must give notice to the parties of receipt of an application under paragraph 9 or 10.
10B.—(1) This paragraph applies if—
(a) two or more relevant applications are made,
(b) at least one worker falling within one of the relevant bargaining units also falls within the other relevant bargaining unit (or units), and
(c) the CAC has not accepted any of the applications.
(2) A relevant application is an application under paragraph 9 or 10.
(3) In relation to a relevant application, the relevant bargaining unit is—
(a) the proposed bargaining unit, where the application is under paragraph 9(2) or 10(2);
(b) the agreed bargaining unit, where the application is under paragraph 10(2B).
(4) Within the acceptance period the CAC must decide, with regard to each relevant application, whether the 10 per cent test is satisfied.
(5) The 10 per cent test is satisfied if members of the union (or unions) constitute at least 10 per cent of the workers constituting the relevant bargaining unit.
(6) The acceptance period is—
(a) the period of 10 working days starting with the day the CAC receives the last relevant application, or
(b) such longer period (so starting) as the CAC may specify to the parties by notice containing reasons for the extension.
(7) If the CAC decides that—
(a) the 10 per cent test is satisfied with regard to more than one of the relevant applications, or
(b) the 10 per cent test is satisfied with regard to none of the relevant applications,
the CAC must not accept any of the relevant applications.
(8) If the CAC decides that the 10 per cent test is satisfied with regard to one only of the relevant applications the CAC—
(a) must proceed under paragraph 10C with regard to that application, and
(b) must not accept any of the other relevant applications.
(9) The CAC must give notice of its decision to the parties.
(10) If by virtue of this paragraph the CAC does not accept an application, no further steps are to be taken under this Part of this Schedule in relation to that application.
10C.—(1) This paragraph applies to these applications—
(a) any application with regard to which no decision has to be made under paragraph 10B;
(b) any application with regard to which the CAC must proceed under this paragraph by virtue of paragraph 10B.
(2) Within the acceptance period the CAC must decide whether—
(a) the request for recognition to which the application relates is valid within the terms of paragraphs 3A to 7, and
(b) the application is admissible within the terms of paragraphs 23 to 32.
(3) In deciding those questions the CAC must consider any evidence which it has been given by the employer or the union (or unions).
(4) If the CAC decides that the request is not valid or the application is not admissible—
(a) the CAC must give notice of its decision to the parties,
(b) the CAC must not accept the application, and
(c) no further steps are to be taken under this Part of this Schedule.
(5) If the CAC decides that the request is valid and the application is admissible it must—
(a) accept the application, and
(b) give notice of the acceptance to the parties.
(6) The acceptance period is—
(a) the period of 10 working days starting with the day the CAC receives the application, or
(b) such longer period (so starting) as the CAC may specify to the parties by notice containing reasons for the extension.'
