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PART VI |
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DERECOGNITION WHERE UNION NOT INDEPENDENT |
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Introduction |
| | 106. - (1) This Part of this Schedule applies if-
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(a) an employer and a union (or unions) have agreed that the union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of a group of workers, and |
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(b) the union does not have (or none of the unions has) a certificate under section 6 that it is independent. |
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(2) In such a case references in this Part of this Schedule to the bargaining arrangements are to-
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(a) the parties' agreement mentioned in sub-paragraph (1)(a), and |
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(b) any agreement between the parties as to the method by which they will conduct collective bargaining. |
| | 107. In this Part of this Schedule-
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(a) references to the parties are to the employer and the union (or unions); |
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(b) references to the bargaining unit are to the group of workers referred to in paragraph 106(1)(a). |
| | 108. The meaning of collective bargaining given by section 178(1) shall not apply in relation to this Part of this Schedule.
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Workers' request to end arrangements |
| | 109. - (1) A worker or workers falling within the bargaining unit may apply to the CAC to have the bargaining arrangements ended.
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(2) An application is not admissible unless-
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(a) it is made in such form as the CAC specifies, and |
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(b) it is supported by such documents as the CAC specifies. |
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(3) An application is not admissible unless the worker gives (or workers give) to the employer and to the union (or each of the unions)-
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(a) notice of the application, and |
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(b) a copy of the application and any documents supporting it. |
| | 110. - (1) An application under paragraph 109 is not admissible unless the CAC decides that-
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(a) at least 10 per cent of the workers constituting the bargaining unit favour an end of the bargaining arrangements, and |
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(b) a majority of the workers constituting the bargaining unit would be likely to favour an end of the bargaining arrangements. |
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(2) The CAC must give reasons for the decision.
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| | 111. - (1) The CAC must give notice to the worker (or workers), the employer and the union (or unions) of receipt of an application under paragraph 109.
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(2) Within the acceptance period the CAC must decide whether the application is admissible within the terms of paragraphs 109 and 110.
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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, the union (or unions) or any of the workers falling within the bargaining unit.
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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 worker (or workers), the employer and the union (or unions), |
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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 worker (or workers), the employer and the union (or unions). |
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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 worker (or workers), the employer and the union (or unions) by notice containing reasons for the extension. |
| | 112. - (1) If the CAC accepts the application, in the negotiation period the CAC must help the employer, the union (or unions) and the worker (or workers) with a view to-
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(a) the employer and the union (or unions) agreeing to end the bargaining arrangements, or |
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(b) the worker (or workers) withdrawing the application. |
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(2) The negotiation period is-
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(a) the period of 28 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 decide with the consent of the worker (or workers), the employer and the union (or unions). |
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Ballot on derecognition |
| | 113. - (1) Paragraph 90 applies if-
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(a) the CAC accepts an application under paragraph 109, and |
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(b) in the period mentioned in paragraph 112(1) there is no agreement or withdrawal as there described |
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(as well as in the cases mentioned in paragraph 90(1) and (2)).
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(2) Paragraphs 91 to 94 apply accordingly, but as if-
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(a) the reference in paragraph 92(3)(a) to paragraph 86 were to paragraph 86 or 109; |
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(b) the reference in paragraph 94(4) to paragraph 81, 82 or 86 were to paragraph 81, 82, 86 or 109. |
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Derecognition: other cases |
| | 114. - (1) This paragraph applies if as a result of a declaration by the CAC another union is (or other unions are) recognised as entitled to conduct collective bargaining on behalf of a group of workers at least one of whom falls within the bargaining unit.
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(2) 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.
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(3) If a declaration is issued under sub-paragraph (2) the bargaining arrangements shall cease to have effect accordingly.
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(4) It is for the CAC to decide whether a group of workers is the same or substantially the same as the bargaining unit, but in deciding the CAC may take account of the views of any person it believes has an interest in the matter.
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