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S C H E D U L E S |
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SCHEDULE 1
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COLLECTIVE BARGAINING: RECOGNITION |
| | The Schedule to be inserted immediately before Schedule 1 to the Trade Union and Labour Relations (Consolidation) Act 1992 is as follows-
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"SCHEDULE A1
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COLLECTIVE BARGAINING: RECOGNITION |
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PART I |
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RECOGNITION |
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Introduction |
| | 1. A trade union (or trade unions) seeking recognition to be entitled to conduct collective bargaining on behalf of a group or groups of workers may make a request in accordance with this Part of this Schedule.
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| | 2. - (1) This paragraph applies for the purposes of this Part of this Schedule.
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(2) References to the bargaining unit are to the group of workers concerned (or the groups taken together).
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(3) References to the proposed bargaining unit are to the bargaining unit proposed in the request for recognition.
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(4) References to the employer are to the employer of the workers constituting the bargaining unit concerned.
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(5) References to the parties are to the union (or unions) and the employer.
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(6) References to collective bargaining are to negotiations relating to pay, hours and holidays; but this has effect subject to sub-paragraph (7).
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(7) If the parties at any time agree matters as the subject of collective bargaining, references to collective bargaining are to negotiations relating to the agreed matters; but this does not apply in construing paragraph 27(3).
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Request for recognition |
| | 3. - (1) The union or unions seeking recognition must make a request for recognition to the employer.
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(2) Paragraphs 4 to 8 apply to the request.
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| | 4. The request is not valid unless it is received by the employer.
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| | 5. The request is not valid unless the union (or each of the unions) has a certificate under section 6 that it is independent.
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| | 6. - (1) The request is not valid unless the employer, taken with any associated employer or employers, employs-
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(a) at least 21 workers on the day the employer receives the request, or |
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(b) an average of at least 21 workers in the 13 weeks ending with that day. |
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(2) To find the average under sub-paragraph (1)(b)-
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(a) take the number of workers employed in each of the 13 weeks (including workers not employed for the whole of the week); |
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(b) aggregate the 13 numbers; |
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(c) divide the aggregate by 13. |
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(3) For the purposes of sub-paragraph (1)(a), any worker employed by an associated company incorporated outside Great Britain must be ignored unless the day the request was made fell within a period during which he ordinarily worked in Great Britain.
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(4) For the purposes of sub-paragraph (1)(b), any worker employed by an associated company incorporated outside Great Britain must be ignored in relation to a week unless the whole or any part of that week fell within a period during which he ordinarily worked in Great Britain.
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(5) For the purposes of sub-paragraphs (3) and (4), a worker who is employed on board a ship registered in the United Kingdom shall be treated as ordinarily working in Great Britain unless-
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(a) the ship is registered at a port outside Great Britain, |
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(b) the employment is wholly outside Great Britain, or |
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(c) the worker is not ordinarily resident in Great Britain. |
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(6) The Secretary of State may by order-
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(a) provide that sub-paragraphs (1) to (5) are not to apply, or are not to apply in specified circumstances, or |
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(b) vary the number of workers for the time being specified in sub-paragraph (1); |
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and different provision may be made for different circumstances.
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(7) An order under sub-paragraph (6) shall be made by statutory instrument.
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(8) No such order shall be made unless a draft of it has been laid before Parliament and approved by a resolution of each House of Parliament.
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| | 7. The request is not valid unless it-
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(b) identifies the union or unions and the bargaining unit; and |
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(c) states that it is made under this Schedule. |
| | 8. The Secretary of State may by order made by statutory instrument prescribe the form of requests and the procedure for making them; and if he does so the request is not valid unless it complies with the order.
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Parties agree |
| | 9. - (1) If before the end of the first period the parties agree a bargaining unit and that the union is (or unions are) to be recognised as entitled to conduct collective bargaining on behalf of the unit, no further steps are to be taken under this Part of this Schedule.
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(2) If before the end of the first period the employer informs the union (or unions) that the employer does not accept the request but is willing to negotiate, sub-paragraph (3) applies.
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(3) The parties may in the second period conduct negotiations with a view to agreeing a bargaining unit and that the union is (or unions are) to be recognised as entitled to conduct collective bargaining on behalf of the unit.
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(4) If such an agreement is made in the second period no further steps are to be taken under this Part of this Schedule.
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(5) The employer and the union (or unions) may request ACAS to assist in conducting the negotiations.
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(6) The first period is the period of 10 working days starting with the day after that on which the employer receives the request.
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(7) The second period is-
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(a) the period of 28 days starting with the day after that on which the first period ends, or |
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(b) such longer period (so starting) as the parties may from time to time agree. |
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Employer rejects request |
| | 10. - (1) This paragraph applies if-
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(a) before the end of the first period the employer fails to respond to the request, or |
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(b) before the end of the first period the employer informs the union (or unions) that the employer does not accept the request (without indicating a willingness to negotiate). |
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(2) The union (or unions) may apply to the CAC to decide both these questions-
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(a) whether the proposed bargaining unit is appropriate or some other bargaining unit is appropriate; |
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(b) whether the union has (or unions have) the support of a majority of the workers constituting the appropriate bargaining unit. |
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Negotiations fail |
| | 11. - (1) Sub-paragraph (2) applies if-
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(a) the employer informs the union (or unions) under paragraph 9(2), and |
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(b) no agreement is made in the second period. |
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(2) The union (or unions) may apply to the CAC to decide both these questions-
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(a) whether the proposed bargaining unit is appropriate or some other bargaining unit is appropriate; |
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(b) whether the union has (or unions have) the support of a majority of the workers constituting the appropriate bargaining unit. |
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(3) Sub-paragraph (4) applies if-
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(a) the employer informs the union (or unions) under paragraph 9(2), and |
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(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. |
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(4) 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.
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(5) But no application may be made under this paragraph if within the period of 10 working days starting with the day after that on which the employer informs the union (or unions) under paragraph 9(2) the employer proposes that ACAS be requested to assist in conducting the negotiations and-
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(a) the union rejects (or unions reject) the proposal, or |
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(b) the union fails (or unions fail) to accept the proposal within the period of 10 working days starting with the day after that on which the employer makes the proposal. |
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Acceptance of applications |
| | 12. The CAC must give notice to the parties of receipt of an application under paragraph 10 or 11.
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| | 13. - (1) This paragraph applies if-
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(a) two or more relevant applications are made, |
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(b) at least one worker falling within one of the relevant bargaining units also falls within the other relevant bargaining unit (or units), and |
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(c) the CAC has not accepted any of the applications. |
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(2) A relevant application is an application under paragraph 10 or 11.
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(3) In relation to a relevant application, the relevant bargaining unit is-
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(a) the proposed bargaining unit, where the application is under paragraph 10(2) or 11(2); |
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(b) the agreed bargaining unit, where the application is under paragraph 11(4). |
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(4) Within the acceptance period the CAC must decide, with regard to each relevant application, whether the 10 per cent test is satisfied.
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(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.
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(6) The acceptance period is-
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(a) the period of 10 working days starting with the day the CAC receives the last relevant application, or |
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(b) such longer period (so starting) as the CAC may specify to the parties by notice containing reasons for the extension. |
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(7) If the CAC decides that-
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(a) the 10 per cent test is satisfied with regard to more than one of the relevant applications, or |
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(b) the 10 per cent test is satisfied with regard to none of the relevant applications, |
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the CAC must not accept any of the relevant applications.
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(8) If the CAC decides that the 10 per cent test is satisfied with regard to one only of the relevant applications the CAC-
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(a) must proceed under paragraph 14 with regard to that application, and |
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(b) must not accept any of the other relevant applications. |
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(9) The CAC must give notice of its decision to the parties.
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(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.
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| | 14. - (1) This paragraph applies to these applications-
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(a) any application with regard to which no decision has to be made under paragraph 13; |
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(b) any application with regard to which the CAC must proceed under this paragraph by virtue of paragraph 13. |
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(2) Within the acceptance period the CAC must decide whether-
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(a) the request for recognition to which the application relates is valid within the terms of paragraphs 4 to 8, and |
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(b) the application is admissible within the terms of paragraphs 28 to 36. |
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(3) In deciding those questions the CAC must consider any evidence which it has been given by the employer or the union (or unions).
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(4) If the CAC decides that the request is not valid or the application is not admissible-
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(a) the CAC must give notice of its decision to the parties, |
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(b) the CAC must not accept the application, and |
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(c) no further steps are to be taken under this Part of this Schedule. |
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(5) If the CAC decides that the request is valid and the application is admissible it must-
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(a) accept the application, and |
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(b) give notice of the acceptance to the parties. |
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(6) The acceptance period is-
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(a) the period of 10 working days starting with the day the CAC receives the application, or |
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(b) such longer period (so starting) as the CAC may specify to the parties by notice containing reasons for the extension. |
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Appropriate bargaining unit |
| | 15. - (1) If the CAC accepts an application under paragraph 10(2) or 11(2) it must try to help the parties to reach within the appropriate period an agreement as to what the appropriate bargaining unit is.
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(2) The appropriate period is-
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(a) the period of 28 days starting with the day after that on which the CAC accepts the application for decision, or |
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(b) such longer period (so starting) as the CAC may specify to the parties by notice containing reasons for the extension. |
| | 16. - (1) This paragraph applies if-
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(a) the CAC accepts an application under paragraph 10(2) or 11(2), and |
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(b) the parties have not agreed an appropriate bargaining unit at the end of the appropriate period. |
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(2) The CAC must decide the appropriate bargaining unit within-
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(a) the period of 10 working days starting with the day after that on which the appropriate period ends, or |
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(b) such longer period (so starting) as the CAC may specify to the parties by notice containing reasons for the extension. |
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(3) In deciding the appropriate bargaining unit the CAC must take these matters into account-
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(a) the need for the unit to be compatible with effective management; |
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(b) the matters listed in sub-paragraph (4), so far as they do not conflict with that need. |
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(4) The matters are-
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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 units within an undertaking; |
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(d) the characteristics of workers falling within the proposed bargaining unit and of any other employees of the employer whom the CAC considers relevant; |
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(e) the location of workers. |
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(5) If, at any time before the CAC decides under this paragraph, the union requests (or unions request) the CAC to stop taking steps under it, the CAC must comply with the request.
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Union recognition |
| | 17. - (1) This paragraph applies if-
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(a) the CAC accepts an application under paragraph 10(2) or 11(2), |
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(b) the parties have agreed an appropriate bargaining unit at the end of the appropriate period, or the CAC has decided an appropriate bargaining unit, and |
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(c) that bargaining unit differs from the proposed bargaining unit. |
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(2) The CAC must decide whether -
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(a) members of the union (or unions) constitute at least 10 per cent of the workers constituting the bargaining unit concerned, and |
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(b) a majority of the workers constituting the bargaining unit concerned would be likely to favour recognition of the union (or unions) as entitled to conduct collective bargaining on behalf of the bargaining unit concerned. |
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(3) The CAC must proceed with the application if it is satisfied that-
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(a) there is such a degree of membership, and |
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(b) such a majority would be likely to favour such recognition. |
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(4) The CAC must not proceed with the application if it is not so satisfied.
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| | 18. - (1) This paragraph applies if-
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(a) the CAC accepts an application under paragraph 10(2) or 11(2), |
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(b) the parties have agreed an appropriate bargaining unit at the end of the appropriate period, or the CAC has decided an appropriate bargaining unit, and |
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(c) that bargaining unit is the same as the proposed bargaining unit. |
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(2) This paragraph also applies if the CAC accepts an application under paragraph 11(4).
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(3) The CAC must proceed with the application.
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| | 19. - (1) This paragraph applies if-
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(a) the CAC proceeds with an application in accordance with paragraph 17 or 18, and |
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(b) the CAC is satisfied that a majority of the workers constituting the bargaining unit are members of the union (or unions). |
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(2) The CAC must issue a declaration that the union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of the workers constituting the bargaining unit.
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(3) But if any of the three qualifying conditions is fulfilled, instead of issuing a declaration under sub-paragraph (2) the CAC must 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.
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(4) These are the three qualifying conditions-
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(a) the CAC is satisfied that a ballot should be held in the interests of good industrial relations; |
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(b) a significant number of the union members within the bargaining unit inform the CAC that they do not want the union (or unions) to conduct collective bargaining on their behalf; |
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(c) membership evidence is produced which leads the CAC to conclude that there are doubts whether a significant number of the union members within the bargaining unit want the union (or unions) to conduct collective bargaining on their behalf. |
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(5) For the purposes of sub-paragraph (4)(c) membership evidence is-
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(a) evidence about the circumstances in which union members became members; |
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(b) evidence about the length of time for which union members have been members, in a case where the CAC is satisfied that such evidence should be taken into account. |
