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[AS AMENDED IN STANDING COMMITTEE D] |
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Amend the law relating to the recognition of trade unions and the taking of |
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industrial action; to make provision about means of voting in ballots under the |
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Trade Union and Labour Relations (Consolidation) Act 1992; to amend |
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provisions of that Act relating to rights of members and non-members of trade |
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unions and to make other provision about rights of trade union members, |
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employees and workers; to make further provision concerning the |
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enforcement of legislation relating to minimum wages; to make further |
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provision about proceedings before and appeals from the Certification Officer; |
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to make further provision about the amalgamation of trade unions; to make |
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provision facilitating the administration of trade unions and the carrying out |
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by them of their functions; and for connected purposes. |
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Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and |
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consent of the Lords Spiritual and Temporal, and Commons, in this present |
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Parliament assembled, and by the authority of the same, as follows:— |
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1 | Application for decision on whether proposed bargaining unit is appropriate |
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(1) | In paragraph 11(2) of Schedule A1 to the 1992 Act (application to CAC where |
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employer fails to respond to or rejects request for recognition), for paragraph |
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“(a) | whether the proposed bargaining unit is |
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(2) | In paragraph 12(2) of that Schedule (application to CAC where negotiations |
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with employer fail), for paragraph (a) substitute— |
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“(a) | whether the proposed bargaining unit is |
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2 | Power of the CAC to end period for agreement on bargaining unit |
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(1) | Paragraph 18 of Schedule A1 to the 1992 Act (appropriate bargaining unit) is |
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(2) | In sub-paragraph (2), after “is” insert “(subject to any notice under sub- |
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paragraph (3), (4) or (5))”. |
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(3) | After that sub-paragraph add— |
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“(3) | If, during the appropriate period, the CAC concludes that there is no |
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reasonable prospect of the parties’ agreeing an appropriate |
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bargaining unit before the time when (apart from this sub- |
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paragraph) the appropriate period would end, the CAC may, by a |
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notice given to the parties, declare that the appropriate period ends |
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with the date of the notice. |
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(4) | If, during the appropriate period, the parties apply to the CAC for a |
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declaration that the appropriate period is to end with a date |
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(specified in the application) which is earlier than the date with |
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which it would otherwise end, the CAC may, by a notice given to the |
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parties, declare that the appropriate period ends with the specified |
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(5) | If the CAC has declared under sub-paragraph (4) that the |
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appropriate period ends with a specified date, it may before that date |
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by a notice given to the parties specify a later date with which the |
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(6) | A notice under sub-paragraph (3) must contain reasons for reaching |
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the conclusion mentioned in that sub-paragraph. |
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(7) | A notice under sub-paragraph (5) must contain reasons for the |
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extension of the appropriate period.” |
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3 | Duty of employer to supply information to union |
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After paragraph 18 of Schedule A1 to the 1992 Act insert— |
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“18A (1) | This paragraph applies if the CAC accepts an application under |
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paragraph 11(2) or 12(2). |
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(2) | Within 5 working days starting with the day after that on which the |
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CAC gives the employer notice of acceptance of the application, the |
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employer must supply the following information to the union (or |
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(a) | a list of the categories of worker in the proposed bargaining |
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(b) | a list of the workplaces at which the workers in the proposed |
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bargaining unit work, and |
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(c) | the number of workers the employer reasonably believes to |
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be in each category at each workplace. |
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(3) | The lists and numbers supplied under this paragraph must be as |
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accurate as is reasonably practicable in the light of the information in |
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the possession of the employer at the time when he complies with |
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(4) | The lists and numbers supplied to the union (or unions) and to the |
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(5) | In this paragraph “workplace” in relation to a worker means— |
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(a) | if the person works at or from a single set of premises, those |
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(b) | in any other case, the premises with which the worker’s |
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employment has the closest connection.” |
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4 | Determination of appropriate bargaining unit |
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For paragraph 19 of Schedule A1 to the 1992 Act substitute— |
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“19 (1) | This paragraph applies if— |
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(a) | the CAC accepts an application under paragraph 11(2) or |
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(b) | the parties have not agreed an appropriate bargaining unit at |
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the end of the appropriate period (defined by paragraph 18), |
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(c) | at the end of that period either no request under paragraph |
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19A(1)(b) has been made or such a request has been made but |
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the condition in paragraph 19A(1)(c) has not been met. |
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(2) | Within the decision period, the CAC must decide whether the |
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proposed bargaining unit is appropriate. |
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(3) | If the CAC decides that the proposed bargaining unit is not |
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appropriate, it must also decide within the decision period a |
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bargaining unit which is appropriate. |
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(4) | The decision period is— |
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(a) | the period of 10 working days starting with the day after that |
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with which the appropriate period ends, or |
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(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. |
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19A (1) | This paragraph applies if— |
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(a) | the CAC accepts an application under paragraph 11(2) or |
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(b) | during the appropriate period (defined by paragraph 18), the |
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CAC is requested by the union (or unions) to make a decision |
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under this paragraph, and |
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(c) | the CAC is, either at the time the request is made or at a later |
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time during the appropriate period, of the opinion that the |
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employer has failed to comply with the duty imposed by |
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(2) | Within the decision period, the CAC must decide whether the |
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proposed bargaining unit is appropriate. |
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(3) | If the CAC decides that the proposed bargaining unit is not |
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appropriate, it must also decide within the decision period a |
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bargaining unit which is appropriate. |
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(4) | The decision period is— |
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(a) | the period of 10 working days starting with the day after the |
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day on which the request is made, or |
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(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. |
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19B (1) | This paragraph applies if the CAC has to decide whether a |
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bargaining unit is appropriate for the purposes of paragraph 19(2) or |
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(2) | The CAC must take these matters into account— |
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(a) | the need for the unit to be compatible with effective |
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(b) | the matters listed in sub-paragraph (3), so far as they do not |
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(a) | the views of the employer and of the union (or unions); |
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(b) | existing national and local bargaining arrangements; |
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(c) | the desirability of avoiding small fragmented bargaining |
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units within an undertaking; |
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(d) | the characteristics of workers falling within the bargaining |
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unit under consideration and of any other employees of the |
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employer whom the CAC considers relevant; |
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(e) | the location of workers. |
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(4) | In taking an employer’s views into account for the purpose of |
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deciding whether the proposed bargaining unit is appropriate, the |
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CAC must take into account any view the employer has about any |
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other bargaining unit that he considers would be appropriate. |
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(5) | The CAC must give notice of its decision to the parties.” |
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5 | Union communications with workers after acceptance of application |
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(1) | After paragraph 19B of Schedule A1 to the 1992 Act (which is inserted by |
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“Union communications with workers after acceptance of application |
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19C (1) | This paragraph applies if the CAC accepts an application under |
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paragraph 11(2) or 12(2) or (4). |
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(2) | The union (or unions) may apply to the CAC for the appointment of |
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a suitable independent person to handle communications during the |
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initial period between the union (or unions) and the relevant |
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(3) | In the case of an application under paragraph 11(2) or 12(2), the |
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(a) | in relation to any time before an appropriate bargaining unit |
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is agreed by the parties or decided by the CAC, those falling |
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within the proposed bargaining unit, and |
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(b) | in relation to any time after an appropriate bargaining unit is |
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so agreed or decided, those falling within the bargaining unit |
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(4) | In the case of an application under paragraph 12(4), the relevant |
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workers are those falling within the bargaining unit agreed by the |
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(5) | The initial period is the period starting with the day on which the |
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CAC informs the parties under sub-paragraph (7)(b) and ending |
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with the first day on which any of the following occurs— |
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(a) | the application under paragraph 11 or 12 is withdrawn; |
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(b) | the CAC gives notice to the union (or unions) of a decision |
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under paragraph 20 that the application is invalid; |
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(c) | the CAC notifies the union (or unions) of a declaration issued |
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under paragraph 19F(5) or 22(2); |
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(d) | the CAC informs the union (or unions) under paragraph |
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25(9) of the name of the person appointed to conduct a ballot. |
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(6) | A person is a suitable independent person if— |
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(a) | he satisfies such conditions as may be specified for the |
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purposes of paragraph 25(7)(a) by an order under that |
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provision, or is himself specified for those purposes by such |
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(b) | there are no grounds for believing either that he will carry out |
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any functions arising from his appointment otherwise than |
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competently or that his independence in relation to those |
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functions might reasonably be called into question. |
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(7) | On an application under sub-paragraph (2) the CAC must as soon as |
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(a) | make such an appointment as is mentioned in that sub- |
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(b) | inform the parties of the name of the person appointed and |
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the date of his appointment. |
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(8) | The person appointed by the CAC is referred to in paragraphs 19D |
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and 19E as “the appointed person”. |
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19D (1) | An employer who is informed by the CAC under paragraph |
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19C(7)(b) must comply with the following duties (so far as it is |
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reasonable to expect him to do so). |
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(a) | to give to the CAC, within the period of 10 working days |
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starting with the day after that on which the employer is |
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informed under paragraph 19C(7)(b), the names and home |
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addresses of the relevant workers; |
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(b) | if the relevant workers change as a result of an appropriate |
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bargaining unit being agreed by the parties or decided by the |
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CAC, to give to the CAC, within the period of 10 working |
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days starting with the day after that on which the bargaining |
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unit is agreed or the CAC’s decision is notified to the |
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employer, the names and home addresses of those who are |
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now the relevant workers; |
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(c) | to give to the CAC, as soon as reasonably practicable, the |
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name and home address of any worker who joins the |
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bargaining unit after the employer has complied with |
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(d) | to inform the CAC, as soon as reasonably practicable, of any |
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worker whose name has been given to the CAC under |
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paragraph (a), (b) or (c) and who ceases to be a relevant |
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worker (otherwise than by reason of a change mentioned in |
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(3) | Nothing in sub-paragraph (2) requires the employer to give |
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information to the CAC after the end of the initial period. |
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(4) | As soon as reasonably practicable after the CAC receives any |
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information under sub-paragraph (2), it must pass it on to the |
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19E (1) | During the initial period, the appointed person must if asked to do |
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so by the union (or unions) send to any worker— |
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(a) | whose name and home address have been passed on to him |
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under paragraph 19D(4), and |
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(b) | who is (so far as the appointed person is aware) still a |
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| any information supplied by the union (or unions) to the appointed |
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(2) | The costs of the appointed person shall be borne— |
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(a) | if the application under paragraph 19C was made by one |
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(b) | if that application was made by more than one union, by the |
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unions in such proportions as they jointly indicate to the |
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appointed person or, in the absence of such an indication, in |
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(3) | The appointed person may send to the union (or each of the unions) |
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a demand stating his costs and the amount of those costs to be borne |
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(4) | In such a case the recipient must pay the amount stated to the person |
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sending the demand and must do so within the period of 15 working |
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days starting with the day after that on which the demand is |
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(5) | In England and Wales, if the amount stated is not paid in accordance |
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with sub-paragraph (4) it shall, if a county court so orders, be |
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recoverable by execution issued from that court or otherwise as if it |
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were payable under an order of that court. |
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(6) | Where an amount is recoverable under sub-paragraph (5) execution |
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may be carried out, to the same extent and in the same manner as if |
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the union were a body corporate, against any property held in trust |
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for the union other than protected property as defined in section |
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(7) | References to the costs of the appointed person are to— |
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(a) | the costs wholly, exclusively and necessarily incurred by the |
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appointed person in connection with handling during the |
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initial period communications between the union (or unions) |
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and the relevant workers, |
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(b) | such reasonable amount as the appointed person charges for |
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(c) | such other costs as the union (or unions) agree. |
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19F (1) | If the CAC is satisfied that the employer has failed to fulfil a duty |
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mentioned in paragraph 19D(2), and the initial period has not yet |
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ended, the CAC may order the employer— |
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(a) | to take such steps to remedy the failure as the CAC considers |
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reasonable and specifies in the order, and |
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(b) | to do so within such period as the CAC considers reasonable |
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and specifies in the order; |
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| and in this paragraph a “remedial order” means an order under this |
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(2) | If the CAC is satisfied that the employer has failed to comply with a |
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remedial order and the initial period has not yet ended, the CAC |
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must as soon as reasonably practicable notify the employer and the |
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union (or unions) that it is satisfied that the employer has failed to |
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(3) | A remedial order and a notice under sub-paragraph (2) must draw |
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the recipient’s attention to the effect of sub-paragraphs (4) and (5). |
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(4) | Sub-paragraph (5) applies if— |
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(a) | the CAC is satisfied that the employer has failed to comply |
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(b) | the parties have agreed an appropriate bargaining unit or the |
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CAC has decided an appropriate bargaining unit, |
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(c) | in the case of an application under paragraph 11(2) or 12(2), |
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the CAC, if required to do so, has decided under paragraph |
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20 that the application is not invalid, and |
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(d) | the initial period has not yet ended. |
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(5) | The CAC may issue a declaration that the union is (or unions are) |
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recognised as entitled to conduct collective bargaining on behalf of |
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the workers constituting the bargaining unit.” |
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(2) | In each of paragraphs 22(1)(a) and 23(1)(a) of Schedule A1 to the 1992 Act |
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(procedure when CAC proceeds with an application in accordance with |
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paragraph 20 or 21), after “or 21” insert “(and makes no declaration under |
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(3) | In paragraph 26 of that Schedule (duties of employer where ballot on union |
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recognition is to be held), in sub-paragraph (4)(c), for “(a) or (b) but” substitute |
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“19D or paragraph (a) or (b) of this sub-paragraph and”. |
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(4) | In that paragraph, after sub-paragraph (4) insert— |
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“(4A) | Sub-paragraph (4)(a) does not apply to names and addresses that the |
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employer has already given to the CAC under paragraph 19D. |
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(4B) | Where (because of sub-paragraph (4A)) the employer does not have |
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to comply with sub-paragraph (4)(a), the reference in sub-paragraph |
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(4)(b) to the time when the employer complied with sub-paragraph |
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(4)(a) is to be read as a reference to the time when the employer is |
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informed under paragraph 25(9). |
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(a) | a person was appointed on an application under paragraph |
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(b) | the person appointed to conduct the ballot is not that person, |
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| the CAC must, as soon as is reasonably practicable, pass on to the |
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person appointed to conduct the ballot the names and addresses |
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given to it under paragraph 19D.” |
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(5) | In that paragraph, in sub-paragraph (6) for “given under sub-paragraph (5)” |
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substitute “passed on to him under paragraph 19D or this paragraph”. |
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