|
| |
|
| |
|
|
|
|
|
EMPLOYMENT RELATIONS BILL |
|
[The page and line references are to HL Bill 54, the bill as first printed for the Lords.] |
|
|
|
|
1 | Page 3, leave out line 1 and insert— |
|
| | “(5) | For the purposes of this paragraph, the workplace at which a |
|
| | |
|
2 | Insert the following new Clause— |
|
| | | “Circumstances in which the CAC must arrange a ballot |
|
| | (1) | In paragraph 22(4) of Schedule A1 to the 1992 Act (qualifying conditions |
|
| | requiring the CAC to hold a ballot of workers in bargaining unit), for |
|
| | paragraph (b) substitute— |
|
| | “(b) | the CAC has evidence, which it considers to be credible, |
|
| | from a significant number of the union members within |
|
| | the bargaining unit that they do not want the union (or |
|
| | unions) to conduct collective bargaining on their behalf;”. |
|
| | (2) | In paragraph 87(4) of that Schedule (qualifying conditions requiring the |
|
| | CAC to hold a ballot of workers in new bargaining unit), for paragraph (b) |
|
| | |
| | “(b) | the CAC has evidence, which it considers to be credible, |
|
| | from a significant number of the union members within |
|
| | the new bargaining unit that they do not want the union |
|
| | (or unions) to conduct collective bargaining on their |
|
| | |
|
3 | Page 11, line 36, leave out “anything” and insert “to pay money or give money’s |
|
| | |
| |
|
|
| |
|
|
4 | Page 11, line 38, at end insert— |
|
| | “(aa) | makes an outcome-specific offer to a worker entitled to |
|
| | |
5 | Page 12, line 4, at end insert— |
|
| | “( ) | For the purposes of sub-paragraph (2)(aa) an “outcome-specific |
|
| | offer” is an offer to pay money or give money’s worth which— |
|
| | (a) | is conditional on the issuing by the CAC of a declaration |
|
| | |
| | (i) | the union is (or unions are) recognised as entitled |
|
| | to conduct collective bargaining on behalf of the |
|
| | |
| | (ii) | the union is (or unions are) not entitled to be so |
|
| | |
| | (b) | is not conditional on anything which is done or occurs as |
|
| | a result of the declaration in question.” |
|
6 | Page 12, line 18, leave out from “if” to end of line 19 and insert “votes may be cast |
|
| | in the ballot on more than one day, the last of those days.” |
|
7 | Page 12, line 41, leave out from beginning to end of line 9 on page 13 and insert— |
|
| | “27C (1) | This paragraph applies if the CAC decides that a complaint |
|
| | under paragraph 27B is well-founded. |
|
| | (2) | The CAC must, as soon as is reasonably practicable, issue a |
|
| | declaration to that effect. |
|
| | (3) | The CAC may do either or both of the following— |
|
| | (a) | order the party concerned to take any action specified in |
|
| | the order within such period as may be so specified, or |
|
| | (b) | give notice to the employer and to the union (or unions) |
|
| | that it intends to arrange for the holding of a secret ballot |
|
| | in which the workers constituting the bargaining unit are |
|
| | asked whether they want the union (or unions) to |
|
| | conduct collective bargaining on their behalf. |
|
| | (4) | The CAC may give an order or a notice under sub-paragraph (3) |
|
| | either at the same time as it issues the declaration under sub- |
|
| | paragraph (2) or at any other time before it acts under paragraph |
|
| | |
| | (5) | The action specified in an order under sub-paragraph (3)(a) shall |
|
| | be such as the CAC considers reasonable in order to mitigate the |
|
| | effect of the failure of the party concerned to comply with the |
|
| | duty imposed by paragraph 27A. |
|
| | (6) | The CAC may give more than one order under sub-paragraph |
|
| | |
| | 27D (1) | This paragraph applies if the CAC issues a declaration under |
|
| | paragraph 27C(2) and the declaration states that the unfair |
|
| | practice used consisted of or included— |
|
| | (a) | the use of violence, or |
|
| | (b) | the dismissal of a union official. |
|
| | (2) | This paragraph also applies if the CAC has made an order under |
|
| | |
| | (a) | it is satisfied that the party subject to the order has failed |
|
| | |
|
| |
|
|
| |
| | (b) | it makes another declaration under paragraph 27C(2) in |
|
| | relation to a complaint against that party. |
|
| | (3) | If the party concerned is the employer, the CAC may issue a |
|
| | declaration that the union is (or unions are) recognised as |
|
| | entitled to conduct collective bargaining on behalf of the |
|
| | |
| | (4) | If the party concerned is a union, the CAC may issue a |
|
| | declaration that the union is (or unions are) not entitled to be so |
|
| | |
| | (5) | The powers conferred by this paragraph are in addition to those |
|
| | conferred by paragraph 27C(3). |
|
| | 27E (1) | This paragraph applies if the CAC issues a declaration that a |
|
| | complaint under paragraph 27B is well-founded and— |
|
| | (a) | gives a notice under paragraph 27C(3)(b), or |
|
| | (b) | issues a declaration under paragraph 27D. |
|
| | (2) | If the ballot in connection with which the complaint was made |
|
| | has not been held, the CAC shall take steps to cancel it. |
|
| | (3) | If that ballot is held, it shall have no effect. |
|
| | 27F (1) | This paragraph applies if the CAC gives a notice under |
|
| | |
| | (2) | Paragraphs 24 to 29 apply in relation to that notice as they apply |
|
| | in relation to a notice given under paragraph 22(3) or 23(2) but |
|
| | with the modifications specified in sub-paragraphs (3) to (6). |
|
| | (3) | In each of sub-paragraphs (5)(a) and (6)(a) of paragraph 24 for |
|
| | “10 working days” substitute “5 working days”. |
|
| | (4) | An employer’s duty under paragraph (a) of paragraph 26(4) is |
|
| | |
| | (a) | giving the CAC the names and home addresses of any |
|
| | workers in the bargaining unit which have not previously |
|
| | been given to it in accordance with that duty; |
|
| | (b) | giving the CAC the names and home addresses of those |
|
| | workers who have joined the bargaining unit since he last |
|
| | gave the CAC information in accordance with that duty; |
|
| | (c) | informing the CAC of any change to the name or home |
|
| | address of a worker whose name and home address have |
|
| | previously been given to the CAC in accordance with that |
|
| | |
| | (d) | informing the CAC of any worker whose name had |
|
| | previously been given to it in accordance with that duty |
|
| | who has ceased to be within the bargaining unit. |
|
| | (5) | Any order given under paragraph 27(1) or 27C(3)(a) for the |
|
| | purposes of the cancelled or ineffectual ballot shall have effect (to |
|
| | the extent that the CAC specifies in a notice to the parties) as if it |
|
| | were made for the purposes of the ballot to which the notice |
|
| | under paragraph 27C(3)(b) relates. |
|
| | (6) | The gross costs of the ballot shall be borne by such of the parties |
|
| | and in such proportions as the CAC may determine and, |
|
| | accordingly, sub-paragraphs (2) and (3) of paragraph 28 shall be |
|
| | omitted and the reference in sub-paragraph (4) of that paragraph |
|
| | to the employer and the union (or each of the unions) shall be |
|
|
| |
|
|
| |
| | construed as a reference to the party or parties which bear the |
|
| | costs in accordance with the CAC’s determination.”” |
|
8 | Page 13, line 9, at end insert— |
|
| | “( ) | In paragraph 29 of that Schedule (duties of the CAC when informed of |
|
| | result of ballot), after sub-paragraph (1) insert— |
|
| | “(1A) | The duty in sub-paragraph (1) does not apply if the CAC gives a |
|
| | notice under paragraph 27C(3)(b).”” |
|
|
9 | Page 14, line 27, leave out “anything” and insert “to pay money or give money’s |
|
| | |
10 | Page 14, line 29, at end insert— |
|
| | “(aa) | makes an outcome-specific offer to a worker entitled to |
|
| | |
11 | Page 14, line 42, at end insert— |
|
| | “(2A) | For the purposes of sub-paragraph (2)(aa) an “outcome-specific |
|
| | offer” is an offer to pay money or give money’s worth which— |
|
| | (a) | is conditional on the issuing by the CAC of a declaration |
|
| | |
| | (i) | the union is (or unions are) recognised as entitled |
|
| | to conduct collective bargaining on behalf of the |
|
| | |
| | (ii) | the union is (or unions are) not entitled to be so |
|
| | |
| | (b) | is not conditional on anything which is done or occurs as |
|
| | a result of the declaration in question.” |
|
12 | Page 15, line 11, leave out from “if” to end of line 12 and insert “votes may be cast |
|
| | in the ballot on more than one day, the last of those days.” |
|
13 | Page 15, line 34, leave out from beginning to end of line 3 on page 16 and insert— |
|
| | “119C (1) | This paragraph applies if the CAC decides that a complaint |
|
| | under paragraph 119B is well-founded. |
|
| | (2) | The CAC must, as soon as is reasonably practicable, issue a |
|
| | declaration to that effect. |
|
| | (3) | The CAC may do either or both of the following— |
|
| | (a) | order the party concerned to take any action specified in |
|
| | the order within such period as may be so specified, or |
|
| | (b) | make arrangements for the holding of a secret ballot in |
|
| | which the workers constituting the bargaining unit are |
|
| | asked whether the bargaining arrangements should be |
|
| | |
| | (4) | The CAC may give an order or make arrangements under sub- |
|
| | paragraph (3) either at the same time as it issues the declaration |
|
| | under sub-paragraph (2) or at any other time before it acts under |
|
| | |
| | (5) | The action specified in an order under sub-paragraph (3)(a) shall |
|
| | be such as the CAC considers reasonable in order to mitigate the |
|
|
| |
|
|
| |
| | effect of the failure of the party complained against to comply |
|
| | with the duty imposed by paragraph 119A. |
|
| | (6) | The CAC may give more than one order under sub-paragraph |
|
| | |
| | 119D (1) | This paragraph applies if the CAC issues a declaration under |
|
| | paragraph 119C(2) and the declaration states that the unfair |
|
| | practice used consisted of or included— |
|
| | (a) | the use of violence, or |
|
| | (b) | the dismissal of a union official. |
|
| | (2) | This paragraph also applies if the CAC has made an order under |
|
| | paragraph 119C(3)(a) and— |
|
| | (a) | it is satisfied that the party subject to the order has failed |
|
| | |
| | (b) | it makes another declaration under paragraph 119C(2) in |
|
| | relation to a complaint against that party. |
|
| | (3) | If the party concerned is the employer, the CAC may refuse the |
|
| | employer’s application under paragraph 106 or 107. |
|
| | (4) | If the party concerned is a union, the CAC may issue a |
|
| | declaration that the bargaining arrangements are to cease to have |
|
| | effect on a date specified by the CAC in the declaration. |
|
| | (5) | If a declaration is issued under sub-paragraph (4) the bargaining |
|
| | arrangements shall cease to have effect accordingly. |
|
| | (6) | The powers conferred by this paragraph are in addition to those |
|
| | conferred by paragraph 119C(3). |
|
| | 119E (1) | This paragraph applies if the CAC issues a declaration that a |
|
| | complaint under paragraph 119B is well-founded and— |
|
| | (a) | makes arrangements under paragraph 119C(3)(b), |
|
| | (b) | refuses under paragraph 119D(3) or 119H(6) an |
|
| | application under paragraph 106, 107 or 112, or |
|
| | (c) | issues a declaration under paragraph 119D(4) or 119H(5). |
|
| | (2) | If the ballot in connection with which the complaint was made |
|
| | has not been held, the CAC shall take steps to cancel it. |
|
| | (3) | If that ballot is held, it shall have no effect. |
|
| | 119F (1) | This paragraph applies if the CAC makes arrangements under |
|
| | |
| | (2) | Paragraphs 117(4) to (11) and 118 to 121 apply in relation to those |
|
| | arrangements as they apply in relation to arrangements made |
|
| | under paragraph 117(3) but with the modifications specified in |
|
| | sub-paragraphs (3) to (5). |
|
| | (3) | An employer’s duty under paragraph (a) of paragraph 118(4) is |
|
| | |
| | (a) | giving the CAC the names and home addresses of any |
|
| | workers in the bargaining unit which have not previously |
|
| | been given to it in accordance with that duty; |
|
| | (b) | giving the CAC the names and home addresses of those |
|
| | workers who have joined the bargaining unit since he last |
|
| | gave the CAC information in accordance with that duty; |
|
| | (c) | informing the CAC of any change to the name or home |
|
| | address of a worker whose name and home address have |
|
|
| |
|
|
| |
| | previously been given to the CAC in accordance with that |
|
| | |
| | (d) | informing the CAC of any worker whose name had |
|
| | previously been given to it in accordance with that duty |
|
| | who has ceased to be within the bargaining unit. |
|
| | (4) | Any order given under paragraph 119(1) or 119C(3)(a) for the |
|
| | purposes of the cancelled or ineffectual ballot shall have effect (to |
|
| | the extent that the CAC specifies in a notice to the parties) as if it |
|
| | were made for the purposes of the ballot for which arrangements |
|
| | are made under paragraph 119C(3)(b). |
|
| | (5) | The gross costs of the ballot shall be borne by such of the parties |
|
| | and in such proportions as the CAC may determine and, |
|
| | accordingly, sub-paragraphs (2) and (3) of paragraph 120 shall be |
|
| | omitted and the reference in sub-paragraph (4) of that paragraph |
|
| | to the employer and the union (or each of the unions) shall be |
|
| | construed as a reference to the party or parties which bear the |
|
| | costs in accordance with the CAC’s determination. |
|
| | 119G (1) | Paragraphs 119A to 119C, 119E and 119F apply in relation to an |
|
| | application under paragraph 112 as they apply in relation to an |
|
| | application under paragraph 106 or 107 but with the |
|
| | modifications specified in this paragraph. |
|
| | (2) | References in those paragraphs (and, accordingly, in paragraph |
|
| | 119H(3)) to a party shall be read as including references to the |
|
| | applicant worker or workers; but this is subject to sub-paragraph |
|
| | |
| | (3) | The reference in paragraph 119A(1) to a party informed under |
|
| | paragraph 117(11) shall be read as including a reference to the |
|
| | applicant worker or workers. |
|
| | 119H (1) | This paragraph applies in relation to an application under |
|
| | paragraph 112 in the cases specified in sub-paragraphs (2) and |
|
| | |
| | (2) | The first case is where the CAC issues a declaration under |
|
| | paragraph 119C(2) and the declaration states that the unfair |
|
| | practice used consisted of or included— |
|
| | (a) | the use of violence, or |
|
| | (b) | the dismissal of a union official. |
|
| | (3) | The second case is where the CAC has made an order under |
|
| | paragraph 119C(3)(a) and— |
|
| | (a) | it is satisfied that the party subject to the order has failed |
|
| | |
| | (b) | it makes another declaration under paragraph 119C(2) in |
|
| | relation to a complaint against that party. |
|
| | (4) | If the party concerned is the employer, the CAC may order him |
|
| | to refrain from further campaigning in relation to the ballot. |
|
| | (5) | If the party concerned is a union, the CAC may issue a |
|
| | declaration that the bargaining arrangements are to cease to have |
|
| | effect on a date specified by the CAC in the declaration. |
|
| | (6) | If the party concerned is the applicant worker (or any of the |
|
| | applicant workers), the CAC may refuse the application under |
|
| | |
|
| |
|
|
| |
| | (7) | If a declaration is issued under sub-paragraph (5) the bargaining |
|
| | arrangements shall cease to have effect accordingly. |
|
| | (8) | The powers conferred by this paragraph are in addition to those |
|
| | conferred by paragraph 119C(3). |
|
| | 119I (1) | This paragraph applies if— |
|
| | (a) | a ballot has been arranged in consequence of an |
|
| | application under paragraph 112, |
|
| | (b) | the CAC has given the employer an order under |
|
| | paragraph 119(1), 119C(3) or 119H(4), and |
|
| | (c) | the ballot for the purposes of which the order was made |
|
| | (or any other ballot for the purposes of which it has effect) |
|
| | |
| | (2) | The applicant worker (or each of the applicant workers) and the |
|
| | union (or each of the unions) is entitled to enforce obedience to |
|
| | |
| | (3) | The order may be enforced— |
|
| | (a) | in England and Wales, in the same way as an order of the |
|
| | |
| | (b) | in Scotland, in the same way as an order of the sheriff.”” |
|
14 | Page 16, line 3, at end insert— |
|
| | “( ) | In paragraph 121 of that Schedule (duties of the CAC when informed of |
|
| | result of ballot), after sub-paragraph (1) insert— |
|
| | “(1A) | The duty in sub-paragraph (1) does not apply if the CAC makes |
|
| | arrangements under paragraph 119C(3)(b).”” |
|
|
15 | Page 17, line 2, leave out “27C,” |
|
16 | Page 17, line 3, leave out “119C,” |
|
17 | Page 17, line 3, after “166A,” insert “166B,” |
|
|
18 | Page 22, leave out lines 38 to 40 and insert— |
|
| | |
| | (i) | the lists mentioned in subsection (2A) and the figures |
|
| | mentioned in subsection (2B), together with an explanation |
|
| | of how those figures were arrived at, or |
|
| | (ii) | where some or all of the employees concerned are |
|
| | employees from whose wages the employer makes |
|
| | deductions representing payments to the union, either those |
|
| | lists and figures and that explanation or the information |
|
| | mentioned in subsection (2BA).”” |
|
19 | Page 23, line 1, leave out “of the employees concerned” and insert “at which the |
|
| | employees concerned work” |
|
20 | Page 23, line 7, at end insert— |
|
|
