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Employment Relations Bill


Employment Relations Bill
Part 1 — Union recognition

1

 

A

Bill

To

Amend the law relating to the recognition of trade unions and the taking of

industrial action; to make provision about means of voting in ballots under the

Trade Union and Labour Relations (Consolidation) Act 1992; to amend

provisions of that Act relating to rights of members and non-members of trade

unions and to make other provision about rights of trade union members,

employees and workers; to make further provision concerning the

enforcement of legislation relating to minimum wages; to make further

provision about proceedings before and appeals from the Certification Officer;

to make further provision about the amalgamation of trade unions; to make

provision facilitating the administration of trade unions; and for connected

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

Part 1

Union recognition

1       

Application for decision on whether proposed bargaining unit is appropriate

(1)   

In paragraph 11(2) of Schedule A1 to the 1992 Act (application to CAC where

employer fails to respond to or rejects request for recognition), for paragraph

5

(a) substitute—

“(a)   

whether the proposed bargaining unit is

appropriate;”.

(2)   

In paragraph 12(2) of that Schedule (application to CAC where negotiations

with employer fail), for paragraph (a) substitute—

10

“(a)   

whether the proposed bargaining unit is

appropriate;”.

 
Bill 753/3
 
 

Employment Relations Bill
Part 1 — Union recognition

2

 

2       

Power of the CAC to end period for agreement on bargaining unit

(1)   

Paragraph 18 of Schedule A1 to the 1992 Act (appropriate bargaining unit) is

amended as follows.

(2)   

In sub-paragraph (2), after “is” insert “(subject to any notice under sub-

paragraph (3), (4) or (5))”.

5

(3)   

After that sub-paragraph add—

“(3)       

If, during the appropriate period, the CAC concludes that there is no

reasonable prospect of the parties’ agreeing an appropriate

bargaining unit before the time when (apart from this sub-

paragraph) the appropriate period would end, the CAC may, by a

10

notice given to the parties, declare that the appropriate period ends

with the date of the notice.

(4)        

If, during the appropriate period, the parties apply to the CAC for a

declaration that the appropriate period is to end with a date

(specified in the application) which is earlier than the date with

15

which it would otherwise end, the CAC may, by a notice given to the

parties, declare that the appropriate period ends with the specified

date.

(5)        

If the CAC has declared under sub-paragraph (4) that the

appropriate period ends with a specified date, it may before that date

20

by a notice given to the parties specify a later date with which the

appropriate period ends.

(6)        

A notice under sub-paragraph (3) must contain reasons for reaching

the conclusion mentioned in that sub-paragraph.

(7)        

A notice under sub-paragraph (5) must contain reasons for the

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3       

Duty of employer to supply information to union

After paragraph 18 of Schedule A1 to the 1992 Act insert—

“18A  (1)  

This paragraph applies if the CAC accepts an application under

paragraph 11(2) or 12(2).

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      (2)  

Within 5 working days starting with the day after that on which the

CAC gives the employer notice of acceptance of the application, the

employer must supply the following information to the union (or

unions) and the CAC—

(a)   

a list of the categories of worker in the proposed bargaining

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unit,

(b)   

a list of the workplaces at which the workers in the proposed

bargaining unit work, and

(c)   

the number of workers the employer reasonably believes to

be in each category at each workplace.

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      (3)  

The lists and numbers supplied under this paragraph must be as

accurate as is reasonably practicable in the light of the information in

the possession of the employer at the time when he complies with

sub-paragraph (2).

      (4)  

The lists and numbers supplied to the union (or unions) and to the

45

CAC must be the same.

 

 

Employment Relations Bill
Part 1 — Union recognition

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      (5)  

In this paragraph “workplace” in relation to a worker means—

(a)   

if the person works at or from a single set of premises, those

premises, and

(b)   

in any other case, the premises with which the worker’s

employment has the closest connection.”

5

4       

Determination of appropriate bargaining unit

For paragraph 19 of Schedule A1 to the 1992 Act substitute—

“19   (1)  

This paragraph applies if—

(a)   

the CAC accepts an application under paragraph 11(2) or

12(2),

10

(b)   

the parties have not agreed an appropriate bargaining unit at

the end of the appropriate period (defined by paragraph 18),

and

(c)   

at the end of that period either no request under paragraph

19A(1)(b) has been made or such a request has been made but

15

the condition in paragraph 19A(1)(c) has not been met.

      (2)  

Within the decision period, the CAC must decide whether the

proposed bargaining unit is appropriate.

      (3)  

If the CAC decides that the proposed bargaining unit is not

appropriate, it must also decide within the decision period a

20

bargaining unit which is appropriate.

      (4)  

The decision period is—

(a)   

the period of 10 working days starting with the day after that

with which the appropriate period ends, or

(b)   

such longer period (so starting) as the CAC may specify to the

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parties by notice containing reasons for the extension.

19A   (1)  

This paragraph applies if—

(a)   

the CAC accepts an application under paragraph 11(2) or

12(2),

(b)   

during the appropriate period (defined by paragraph 18), the

30

CAC is requested by the union (or unions) to make a decision

under this paragraph, and

(c)   

the CAC is, either at the time the request is made or at a later

time during the appropriate period, of the opinion that the

employer has failed to comply with the duty imposed by

35

paragraph 18A.

      (2)  

Within the decision period, the CAC must decide whether the

proposed bargaining unit is appropriate.

      (3)  

If the CAC decides that the proposed bargaining unit is not

appropriate, it must also decide within the decision period a

40

bargaining unit which is appropriate.

      (4)  

The decision period is—

(a)   

the period of 10 working days starting with the day after the

day on which the request is made, or

(b)   

such longer period (so starting) as the CAC may specify to the

45

parties by notice containing reasons for the extension.

 

 

Employment Relations Bill
Part 1 — Union recognition

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19B   (1)  

This paragraph applies if the CAC has to decide whether a

bargaining unit is appropriate for the purposes of paragraph 19(2) or

(3) or 19A(2) or (3).

      (2)  

The CAC must take these matters into account—

(a)   

the need for the unit to be compatible with effective

5

management;

(b)   

the matters listed in sub-paragraph (3), so far as they do not

conflict with that need.

      (3)  

The matters are—

(a)   

the views of the employer and of the union (or unions);

10

(b)   

existing national and local bargaining arrangements;

(c)   

the desirability of avoiding small fragmented bargaining

units within an undertaking;

(d)   

the characteristics of workers falling within the bargaining

unit under consideration and of any other employees of the

15

employer whom the CAC considers relevant;

(e)   

the location of workers.

      (4)  

In taking an employer’s views into account for the purpose of

deciding whether the proposed bargaining unit is appropriate, the

CAC must take into account any view the employer has about any

20

other bargaining unit that he considers would be appropriate.

      (5)  

The CAC must give notice of its decision to the parties.”

5       

Union communications with workers after acceptance of application

(1)   

After paragraph 19B of Schedule A1 to the 1992 Act (which is inserted by

section 4) insert—

25

“Union communications with workers after acceptance of application

19C   (1)  

This paragraph applies if the CAC accepts an application under

paragraph 11(2) or 12(2) or (4).

      (2)  

The union (or unions) may apply to the CAC for the appointment of

a suitable independent person to handle communications during the

30

initial period between the union (or unions) and the relevant

workers.

      (3)  

In the case of an application under paragraph 11(2) or 12(2), the

relevant workers are—

(a)   

in relation to any time before an appropriate bargaining unit

35

is agreed by the parties or decided by the CAC, those falling

within the proposed bargaining unit, and

(b)   

in relation to any time after an appropriate bargaining unit is

so agreed or decided, those falling within the bargaining unit

agreed or decided upon.

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      (4)  

In the case of an application under paragraph 12(4), the relevant

workers are those falling within the bargaining unit agreed by the

parties.

      (5)  

The initial period is the period starting with the day on which the

CAC informs the parties under sub-paragraph (7)(b) and ending

45

with the first day on which any of the following occurs—

 

 

Employment Relations Bill
Part 1 — Union recognition

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(a)   

the application under paragraph 11 or 12 is withdrawn;

(b)   

the CAC gives notice to the union (or unions) of a decision

under paragraph 20 that the application is invalid;

(c)   

the CAC notifies the union (or unions) of a declaration issued

under paragraph 19F(5) or 22(2);

5

(d)   

the CAC informs the union (or unions) under paragraph

25(9) of the name of the person appointed to conduct a ballot.

      (6)  

A person is a suitable independent person if—

(a)   

he satisfies such conditions as may be specified for the

purposes of paragraph 25(7)(a) by an order under that

10

provision, or is himself specified for those purposes by such

an order, and

(b)   

there are no grounds for believing either that he will carry out

any functions arising from his appointment otherwise than

competently or that his independence in relation to those

15

functions might reasonably be called into question.

      (7)  

On an application under sub-paragraph (2) the CAC must as soon as

reasonably practicable—

(a)   

make such an appointment as is mentioned in that sub-

paragraph, and

20

(b)   

inform the parties of the name of the person appointed and

the date of his appointment.

      (8)  

The person appointed by the CAC is referred to in paragraphs 19D

and 19E as “the appointed person”.

19D   (1)  

An employer who is informed by the CAC under paragraph

25

19C(7)(b) must comply with the following duties (so far as it is

reasonable to expect him to do so).

      (2)  

The duties are—

(a)   

to give to the CAC, within the period of 10 working days

starting with the day after that on which the employer is

30

informed under paragraph 19C(7)(b), the names and home

addresses of the relevant workers;

(b)   

if the relevant workers change as a result of an appropriate

bargaining unit being agreed by the parties or decided by the

CAC, to give to the CAC, within the period of 10 working

35

days starting with the day after that on which the bargaining

unit is agreed or the CAC’s decision is notified to the

employer, the names and home addresses of those who are

now the relevant workers;

(c)   

to give to the CAC, as soon as reasonably practicable, the

40

name and home address of any worker who joins the

bargaining unit after the employer has complied with

paragraph (a) or (b);

(d)   

to inform the CAC, as soon as reasonably practicable, of any

worker whose name has been given to the CAC under

45

paragraph (a), (b) or (c) and who ceases to be a relevant

worker (otherwise than by reason of a change mentioned in

paragraph (b)).

      (3)  

Nothing in sub-paragraph (2) requires the employer to give

information to the CAC after the end of the initial period.

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Employment Relations Bill
Part 1 — Union recognition

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      (4)  

As soon as reasonably practicable after the CAC receives any

information under sub-paragraph (2), it must pass it on to the

appointed person.

19E   (1)  

During the initial period, the appointed person must if asked to do

so by the union (or unions) send to any worker—

5

(a)   

whose name and home address have been passed on to him

under paragraph 19D(4), and

(b)   

who is (so far as the appointed person is aware) still a

relevant worker,

           

any information supplied by the union (or unions) to the appointed

10

person.

      (2)  

The costs of the appointed person shall be borne—

(a)   

if the application under paragraph 19C was made by one

union, by the union, and

(b)   

if that application was made by more than one union, by the

15

unions in such proportions as they jointly indicate to the

appointed person or, in the absence of such an indication, in

equal shares.

      (3)  

The appointed person may send to the union (or each of the unions)

a demand stating his costs and the amount of those costs to be borne

20

by the recipient.

      (4)  

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 15 working

days starting with the day after that on which the demand is

received.

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      (5)  

In England and Wales, if the amount stated is not paid in accordance

with sub-paragraph (4) 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.

      (6)  

Where an amount is recoverable under sub-paragraph (5) execution

30

may be carried out, to the same extent and in the same manner as if

the union were a body corporate, against any property held in trust

for the union other than protected property as defined in section

23(2).

      (7)  

References to the costs of the appointed person are to—

35

(a)   

the costs wholly, exclusively and necessarily incurred by the

appointed person in connection with handling during the

initial period communications between the union (or unions)

and the relevant workers,

(b)   

such reasonable amount as the appointed person charges for

40

his services, and

(c)   

such other costs as the union (or unions) agree.

19F   (1)  

If the CAC is satisfied that the employer has failed to fulfil a duty

mentioned in paragraph 19D(2), and the initial period has not yet

ended, the CAC may order the employer—

45

(a)   

to take such steps to remedy the failure as the CAC considers

reasonable and specifies in the order, and

(b)   

to do so within such period as the CAC considers reasonable

and specifies in the order;

 

 

Employment Relations Bill
Part 1 — Union recognition

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and in this paragraph a “remedial order” means an order under this

sub-paragraph.

      (2)  

If the CAC is satisfied that the employer has failed to comply with a

remedial order and the initial period has not yet ended, the CAC

must as soon as reasonably practicable notify the employer and the

5

union (or unions) that it is satisfied that the employer has failed to

comply.

      (3)  

A remedial order and a notice under sub-paragraph (2) must draw

the recipient’s attention to the effect of sub-paragraphs (4) and (5).

      (4)  

Sub-paragraph (5) applies if—

10

(a)   

the CAC is satisfied that the employer has failed to comply

with a remedial order,

(b)   

the parties have agreed an appropriate bargaining unit or the

CAC has decided an appropriate bargaining unit,

(c)   

in the case of an application under paragraph 11(2) or 12(2),

15

the CAC, if required to do so, has decided under paragraph

20 that the application is not invalid, and

(d)   

the initial period has not yet ended.

      (5)  

The CAC may issue a declaration that the union is (or unions are)

recognised as entitled to conduct collective bargaining on behalf of

20

the workers constituting the bargaining unit.”

(2)   

In each of paragraphs 22(1)(a) and 23(1)(a) of Schedule A1 to the 1992 Act

(procedure when CAC proceeds with an application in accordance with

paragraph 20 or 21), after “or 21” insert “(and makes no declaration under

paragraph 19F(5))”.

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(3)   

In paragraph 26 of that Schedule (duties of employer where ballot on union

recognition is to be held), in sub-paragraph (4)(c), for “(a) or (b) but” substitute

“19D or paragraph (a) or (b) of this sub-paragraph and”.

(4)   

In that paragraph, after sub-paragraph (4) insert—

    “(4A)  

Sub-paragraph (4)(a) does not apply to names and addresses that the

30

employer has already given to the CAC under paragraph 19D.

    (4B)  

Where (because of sub-paragraph (4A)) the employer does not have

to comply with sub-paragraph (4)(a), the reference in sub-paragraph

(4)(b) to the time when the employer complied with sub-paragraph

(4)(a) is to be read as a reference to the time when the employer is

35

informed under paragraph 25(9).

     (4C)  

If—

(a)   

a person was appointed on an application under paragraph

19C, and

(b)   

the person appointed to conduct the ballot is not that person,

40

           

the CAC must, as soon as is reasonably practicable, pass on to the

person appointed to conduct the ballot the names and addresses

given to it under paragraph 19D.”

(5)   

In that paragraph, in sub-paragraph (6) for “given under sub-paragraph (5)”

substitute “passed on to him under paragraph 19D or this paragraph”.

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