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PART III |
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CHANGES AFFECTING BARGAINING UNIT |
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Introduction |
| | 44. - (1) This Part of this Schedule applies if the CAC has issued a declaration that a union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of a bargaining unit.
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(2) In such a case, in this Part of this Schedule-
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(a) references to the original unit are to the bargaining unit on whose behalf the union is (or unions are) recognised as entitled to conduct collective bargaining, and |
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(b) references to the bargaining arrangements are to the declaration and to the provisions relating to the collective bargaining method. |
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(3) For this purpose the provisions relating to the collective bargaining method are-
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(a) the parties' agreement as to the method by which collective bargaining is to be conducted with regard to the original unit, |
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(b) anything effective as, or as if contained in, a legally enforceable contract and relating to the method by which collective bargaining is to be conducted with regard to the original unit, or |
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(c) any provision of this Part of this Schedule that a method of collective bargaining is to have effect with regard to the original unit. |
| | 45. - (1) This Part of this Schedule also applies if-
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(a) the parties have agreed that a union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of a bargaining unit, |
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(b) the CAC has specified to the parties under paragraph 43(2) the method by which they are to conduct collective bargaining, and |
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(c) the parties have not agreed in writing to replace the method or that paragraph 43(3) shall not apply. |
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(2) In such a case, in this Part of this Schedule-
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(a) references to the original unit are to the bargaining unit agreed by the parties, and |
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(b) references to the bargaining arrangements are to the parties' agreement mentioned in sub-paragraph (1)(a) and to the provisions relating to the collective bargaining method. |
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(3) For this purpose the provisions relating to the collective bargaining method are anything effective as, or as if contained in, a legally enforceable contract and relating to the method by which collective bargaining is to be conducted with regard to the original unit.
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| | 46. References in this Part of this Schedule to the parties are to the employer and the union (or unions) concerned.
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Either party believes unit no longer appropriate |
| | 47. - (1) This paragraph applies if the employer believes or the union believes (or unions believe) that the original unit is no longer an appropriate bargaining unit.
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(2) The employer or union (or unions) may apply to the CAC to make a decision as to what is an appropriate bargaining unit.
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| | 48. - (1) An application under paragraph 47 is not admissible unless the CAC decides that there is prima facie evidence that the original unit is no longer appropriate by reason of any of the matters specified in sub-paragraph (2).
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(2) The matters are-
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(a) a change in the organisation or structure of the business carried on by the employer; |
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(b) a change in the activities pursued by the employer in the course of the business carried on by him; |
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(c) a substantial change in the number of workers employed in the original unit. |
| | 49. - (1) The CAC must give notice to the parties of receipt of an application under paragraph 47.
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(2) Within the acceptance period the CAC must decide whether the application is admissible within the terms of paragraphs 48 and 70.
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(3) In deciding whether the application is admissible 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 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 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. |
| | 50. - (1) This paragraph applies if-
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(a) the CAC gives notice of acceptance of the application, and |
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(b) before the end of the first period the parties agree a bargaining unit (the new unit) which differs from the the original unit and inform the CAC of their agreement. |
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(2) In such a case-
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(a) the CAC must issue a declaration that the union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of the new unit; |
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(b) the declaration shall have effect in place of any declaration or agreement that the union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of the original unit; |
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(c) the method of collective bargaining relating to the original unit shall have effect in relation to the new unit, with any modifications which the CAC considers necessary to take account of the change of bargaining unit and specifies in the declaration. |
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(3) The first period is-
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(a) the period of 10 working days starting with the day after that on which the CAC gives notice of acceptance of the application, or |
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(b) such longer period (so starting) as the parties may from time to time agree and notify to the CAC. |
| | 51. - (1) This paragraph applies if-
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(a) the CAC gives notice of acceptance of the application, and |
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(b) the parties do not inform the CAC before the end of the first period that they have agreed a bargaining unit which differs from the original unit. |
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(2) During the second period-
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(a) the CAC must decide whether or not the original unit continues to be an appropriate bargaining unit; |
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(b) if the CAC decides that the original unit does not so continue, it must decide what other bargaining unit is appropriate or that no other unit is appropriate; |
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(c) the CAC must give notice to the parties of its decision or decisions under paragraphs (a) and (b). |
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(3) In deciding whether or not the original unit continues to be an appropriate bargaining unit the CAC must take into account only these matters-
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(a) any change in the organisation or structure of the business carried on by the employer; |
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(b) any change in the activities pursued by the employer in the course of the business carried on by him; |
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(c) any substantial change in the number of workers employed in the original unit. |
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(4) In deciding whether another bargaining unit is appropriate, and what the unit is, 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 (5), so far as they do not conflict with that need. |
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(5) 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 original 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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(6) The second period is-
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(a) the period of 10 working 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 CAC may specify to the parties by notice containing reasons for the extension. |
| | 52. If the CAC gives notice under paragraph 51 of a decision that the original unit continues to be an appropriate bargaining unit no further steps are to be taken under this Part of this Schedule in relation to the application under paragraph 47.
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| | 53. - (1) This paragraph applies if the CAC gives notice under paragraph 51 of-
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(a) a decision that the original unit is no longer an appropriate bargaining unit, and |
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(b) a decision that no other unit is appropriate. |
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(2) In such a case-
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(a) the CAC must issue a declaration that the bargaining arrangements are to cease to have effect on a date specified by the CAC in the declaration, and |
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(b) the bargaining arrangements shall cease to have effect accordingly. |
| | 54. Paragraph 64 applies if the CAC gives notice under paragraph 51 of-
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(a) a decision that the original unit is no longer an appropriate bargaining unit, and |
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(b) a decision as to the bargaining unit which is appropriate. |
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Employer believes unit has ceased to exist |
| | 55. - (1) This paragraph applies if-
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(a) the employer believes that the original unit has ceased to exist, and |
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(b) he gives the union (or each of the unions) a notice complying with sub-paragraph (2). |
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(2) A notice complies with this sub-paragraph if it-
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(a) identifies the unit and the bargaining arrangements, |
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(b) states the date on which the notice is given, |
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(c) states that the unit has ceased to exist, and |
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(d) states that the bargaining arrangements are to cease to have effect on a date which is specified in the notice and which falls after the end of the period of 35 working days starting with the day on which the notice is given. |
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(3) If the union does not (or unions do not) apply to the CAC under paragraph 56 the bargaining arrangements shall cease to have effect on the date specified under sub-paragraph (2)(d).
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| | 56. - (1) Paragraph 57 applies if-
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(a) a notice is given which purports to be given under paragraph 55, and |
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(b) within the period of 10 working days starting with the day on which the notice is given the union makes (or unions make) an application to the CAC for a decision on one or more of the questions specified in sub-paragraph (2). |
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(2) The questions are-
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(a) whether the notice is given in accordance with paragraph 55; |
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(b) whether the original unit has ceased to exist; |
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(c) whether the original unit is no longer appropriate by reason of any of the matters specified in sub-paragraph (3). |
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(3) The matters are-
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(a) a change in the organisation or structure of the business carried on by the employer; |
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(b) a change in the activities pursued by the employer in the course of the business carried on by him; |
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(c) a substantial change in the number of workers employed in the original unit. |
| | 57. - (1) The CAC must give notice to the parties of receipt of an application under paragraph 56.
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(2) Within the acceptance period the CAC must decide whether the application is admissible within the terms of paragraph 70.
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(3) In deciding whether the application is admissible 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 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 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. |
| | 58. - (1) If the CAC accepts an application it-
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(a) must give the employer and the union (or unions) an opportunity to put their views on the question or questions in relation to which the application was made; |
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(b) must decide the question or questions before the end of the decision period. |
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(2) If the CAC decides that the employer's notice is not given in accordance with paragraph 55-
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(a) the CAC must give the parties notice of its decision, and |
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(b) the employer's notice shall be treated as not having been given. |
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(3) If the CAC decides that the employer's notice is given in accordance with paragraph 55 and that the original unit has ceased to exist-
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(a) the CAC must give the parties notice of its decision, and |
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(b) the bargaining arrangements shall cease to have effect on the termination date. |
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(4) If the CAC decides that the employer's notice is given in accordance with paragraph 55, that the original unit has not ceased to exist, and that there is no evidence that the original unit is no longer appropriate by reason of any of the matters specified in paragraph 56(3)-
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(a) the CAC must give the parties notice of its decision, and |
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(b) the employer's notice shall be treated as not having been given. |
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(5) If the CAC decides that the employer's notice is given in accordance with paragraph 55, that the original unit has not ceased to exist, and that there is prima facie evidence that the original unit is no longer appropriate by reason of any of the matters specified in paragraph 56(3), the CAC must give the parties notice of its decision.
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(6) The decision period is-
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(a) the period of 10 working days starting with the day the CAC gives notice of acceptance of 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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(7) The termination date is the later of-
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(a) the date specified in paragraph 55(2)(d), and |
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(b) the day after the last day of the decision period. |
| | 59. - (1) This paragraph applies if-
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(a) the CAC gives notice under paragraph 58(5), and |
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(b) before the end of the first period the parties agree a bargaining unit (the new unit) which differs from the original unit and inform the CAC of their agreement. |
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(2) In such a case-
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(a) the CAC must issue a declaration that the union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of the new unit; |
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(b) the declaration shall have effect in place of any declaration or agreement that the union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of the original unit; |
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(c) the method of collective bargaining relating to the original unit shall have effect in relation to the new unit, with any modifications which the CAC considers necessary to take account of the change of bargaining unit and specifies in the declaration. |
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(3) The first period is-
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(a) the period of 10 working days starting with the day after that on which the CAC gives notice under paragraph 58(5), or |
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(b) such longer period (so starting) as the parties may from time to time agree and notify to the CAC. |
| | 60. - (1) This paragraph applies if-
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(a) the CAC gives notice under paragraph 58(5), and |
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(b) the parties do not inform the CAC before the end of the first period that they have agreed a bargaining unit which differs from the original unit. |
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(2) During the second period-
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(a) the CAC must decide whether or not the original unit continues to be an appropriate bargaining unit; |
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(b) if the CAC decides that the original unit does not so continue, it must decide what other bargaining unit is appropriate or that no other unit is appropriate; |
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(c) the CAC must give notice to the parties of its decision or decisions under paragraphs (a) and (b). |
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(3) In deciding whether or not the original unit continues to be an appropriate bargaining unit the CAC must take into account only these matters-
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(a) any change in the organisation or structure of the business carried on by the employer; |
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(b) any change in the activities pursued by the employer in the course of the business carried on by him; |
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(c) any substantial change in the number of workers employed in the original unit. |
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(4) In deciding whether another bargaining unit is appropriate, and what the unit is, 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 (5), so far as they do not conflict with that need. |
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(5) 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 original 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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(6) The second period is-
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(a) the period of 10 working 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 CAC may specify to the parties by notice containing reasons for the extension. |
| | 61. If the CAC gives notice under paragraph 60 of a decision that the original unit continues to be an appropriate bargaining unit no further steps are to be taken under this Part of this Schedule in relation to the notice under paragraph 55 or the application under paragraph 56.
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| | 62. - (1) This paragraph applies if the CAC gives notice under paragraph 60 of-
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(a) a decision that the original unit is no longer an appropriate bargaining unit, and |
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(b) a decision that no other unit is appropriate. |
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(2) In such a case-
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(a) the CAC must issue a declaration that the bargaining arrangements are to cease to have effect on a date specified by the CAC in the declaration, and |
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(b) the bargaining arrangements shall cease to have effect accordingly. |
| | 63. Paragraph 64 applies if the CAC gives notice under paragraph 60 of-
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(a) a decision that the original unit is no longer an appropriate bargaining unit, and |
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(b) a decision as to the bargaining unit which is appropriate. |
