S.C.D.
NOTICES OF AMENDMENTS
given up to and including
Friday 30th January 2004
New Amendments handed in are marked thus *
STANDING COMMITTEE D
EMPLOYMENT RELATIONS BILL
Mr Gerry Sutcliffe
To move, That the Bill be considered in the following order: Clauses 1, 4, 2, 3, 5 to 42; New Clauses; New Schedules; Clauses 43 to 45; Schedules 1 and 2; remaining proceedings on the Bill.
Mr Henry Bellingham
1
Clause 4, page 4, line 5, leave out 'compatible with' and insert 'conducive to'.
Mr Henry Bellingham
16
*Clause 4, page 4, line 22, at end insert—
'19BA If more than 25 per cent. of the workers in a bargaining unit determined by the CAC do not wish to be represented by the union, they shall retain the right to negotiate separately from that union.'.
Mr Henry Bellingham
14
*Clause 3, page 2, line 31, leave out '5' and insert '10'.
Mr Henry Bellingham
15
*Clause 3, page 3, line 5, at end insert—
'(6) If any of the information to be supplied pursuant to sub-paragraph (2) is commercially confidential or information which may affect the security of the company or its employees, the employer shall have the right to withhold any such information.'.
Mr Henry Bellingham
17
*Clause 5, page 4, line 24, leave out '19B' and insert '19BH'.
Mr Henry Bellingham
18
*Clause 5, page 5, line 24, at end insert—
'(9) The CAC must at all times keep a list of persons considered to be suitable independent persons, which it must make available to employers, relevant workers and unions immediately on an application under sub-paragraph (2).'.
Mr Henry Bellingham
19
*Clause 5, page 5, line 24, at end insert—
'(10) Unions, the employer and relevant workers shall have the right to veto the decision of the CAC following the appointment of the CAC of a suitable independent person. In this event, the CAC must appoint an alternative person as soon as reasonably possible.'.
Mr Henry Bellingham
2
Clause 5, page 5, line 27, at end insert 'and so far as compliance is compatible with protecting the privacy of the relevant workers'.
Mr Henry Billingham
20
*Clause 5, page 6, line 3, at end insert—
'(5) If any of the information to be supplied pursuant to sub-paragraph (2) is commercially confidential or information which may affect the security of the company or its employees, the employer shall have the right to withhold any such information.'.
Mr Henry Billingham
21
*Clause 5, page 6, line 5, after 'unions)', insert ', employer or non-unionised workers'.
Mr Henry Bellingham
22
*Clause 5, page 6, line 10, after '(unions)', insert ', employer or non-unionised workers'.
Mr Henry Bellingham
24
*Clause 5, page 6, line 11, at end insert—
'(1B) If information is sent out by unions, employers or non-unionised workers which is subsequently proved to be inaccurate or to contain misrepresentations, the CAC shall declare the resulting ballot invalid and any resulting union recognition shall be quashed.'.'
Mr Henry Bellingham
23
*Clause 5, page 6, line 11, at end insert—
'(1A) Before sending out any information received from the CAC under paragraph 19D (4) the appointed person must ascertain from each of the relevant workers whether he consents to the disclosure of his details to the union.'.
Mr Henry Bellingham
34
*Clause 9, page 9, line 11, after '(2)', insert '(2A),'.
Mr Henry Bellingham
35
*Clause 9, page 9, line 14, at end insert—
'(2A) In sub-paragraph (3)(d), leave out "5" and insert "14".'.
Mr Henry Bellingham
25
*Clause 9, page 9, line 20, leave out '3 years' and insert 'six months'.
Mr Henry Bellingham
27
*Clause 9, page 9, line 29, at end insert—
'(3) As soon as there are fewer than 10 workers employed in a company, the employer can end all bargaining arrangements at any time at 35 days' notice.'.
Mr Henry Bellingham
26
*Clause 9, page 10, line 5, at end insert 'and' leave out "3 years"' and insert '"six months"'.
Mr Henry Bellingham
28
*Clause 9, page 10, line 11, at end insert—
After paragraph 111 of that Schedule insert—
"111A If during the union recognition procedure a union uses undue force or intimidating measures to get recognition then the CAC shall have the right to investigate this at the request of the employer or any worker and if such measures are found to have been used the CAC shall terminate the recognition procedure immediately.".'.
Mr Henry Billingham
29
*Clause 10, page 10, line 44, at end add—
'(8) Any of a union or a company or a relevant worker may appeal against any decision of the CAC to the High Court.'.
Mr Henry Bellingham
3
Clause 12, page 11, line 24, at end insert ', so far as that requirement is compatible with protecting the worker's privacy'.
Mr Henry Bellingham
30
*Clause 12, page 11, line 40, at end add—
'(7) If any of the information to be supplied pursuant to sub-paragraph (2) is commercially confidential or information which may affect the security of the company or its employees, the employer shall have the right to withhold any such information.'.
Mr Henry Bellingham
31
*Clause 14, page 13, line 8, after 'specify', insert ', being not less than a period of 7 days'.
Mr Henry Bellingham
4
Clause 14, page 13, line 9, leave out 'either or both of the following'.
Mr Henry Bellingham
5
Clause 14, page 13, leave out lines 12 to 14.
Mr Henry Bellingham
32
*Clause 14, page 13, line 16, after 'specify', insert ', being not less than a period of 7 days'.
Mr Henry Bellingham
33
*Clause 14, page 13, line 25, after 'specify', insert ', being not less than a period of 7 days'.
Mr Henry Bellingham
6
Clause 15, page 14, leave out line 19.
Mr Henry Bellingham
36
*Clause 15, page 14, line 19, leave out from beginning to end of line 4 on page 15.
Mr Henry Bellingham
7
Clause 15, page 14, leave out lines 20 to 25.
Mr Henry Bellingham
8
Clause 17, page 16, line 42, leave out 'or employee' and insert ', employee, branch or section'.
Mr Henry Bellingham
9
Clause 20, page 18, line 21, leave out 'or employee' and insert ', employee, branch or section'.
Mr Henry Bellingham
10
Clause 24, page 22, line 29, leave out subsection (2).
Mr Henry Bellingham
11
Clause 24, page 22, line 32, leave out subsection (3).
Mr Henry Bellingham
12
Clause 24, page 23, line 1, leave out subsection (7).
Mr Henry Bellingham
13
Clause 25, page 23, line 11, leave out 'or deterring' and insert 'him or taking action so as unreasonably to deter'.
