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Schedule 1 | |
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BY THE LORD SIMON OF HIGHBURY | |
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Page 59, leave out line 42 | |
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Page 18, leave out lines 25 to 32 and insert--
("2A.--(1) This paragraph applies for the purposes of this Part of this Schedule.
(2) The meaning of collective bargaining given by section 178(1) shall not apply.
(3) References to collective bargaining are to negotiations relating to pay, hours and holidays; but this has effect subject to sub-paragraph (4).
(4) If the parties agree matters as the subject of collective bargaining, references to collective bargaining are to negotiations relating to the agreed matters; and this is the case whether the agreement is made before or after the time when the CAC issues a declaration, or the parties agree, that the union is (or unions are) entitled to conduct collective bargaining on behalf of a bargaining unit.
(5) Sub-paragraph (4) does not apply in construing paragraph 29(3).
(6) Sub-paragraphs (2) to (5) do not apply in construing paragraph 32.") | |
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Page 22, line 23, at end insert-- | |
| | ("Notice to cease consideration of application | |
| | 15A.--(1) This paragraph applies if the CAC has received an application under paragraph 10 or 11 and--
(a) it has not decided whether the application is admissible, or
(b) it has decided that the application is admissible.
(2) No further steps are to be taken under this Part of this Schedule if, before the final event occurs, the parties give notice to the CAC that they want no further steps to be taken.
(3) The final event occurs when the first of the following occurs--
(a) the CAC issues a declaration under paragraph 20(2) in consequence of the application;
(b) the last day of the notification period ends;
and the notification period is that defined by paragraph 22(5) and arising from the application.") | |
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Page 23, line 15, leave out from beginning to end of line 24 and insert--
("(2) Within the decision period the CAC must decide whether the application is invalid within the terms of paragraphs 38A to 38H.
(3) In deciding whether the application is invalid, the CAC must consider any evidence which it has been given by the employer or the union (or unions).
(4) If the CAC decides that the application is invalid--
(a) the CAC must give notice of its decision to the parties,
(b) the CAC must not proceed with the application, and
(c) no further steps are to be taken under this Part of this Schedule.
(5) If the CAC decides that the application is not invalid it must--
(a) proceed with the application, and
(b) give notice to the parties that it is so proceeding.
(6) The decision period is--
(a) the period of 10 working days starting with the day after that on which the parties agree an appropriate bargaining unit or the CAC decides an appropriate bargaining unit, or
(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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Page 28, line 21, at end insert-- | |
| | ("Method not carried out | |
| | 29A.--(1) This paragraph applies if--
(a) the CAC issues a declaration under this Part of this Schedule that the union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of a bargaining unit,
(b) the parties agree a method by which they will conduct collective bargaining, and
(c) one or more of the parties fails to carry out the agreement.
(2) The parties may apply to the CAC for assistance.
(3) Paragraph 29 applies as if "paragraph 28" (in each place) read "paragraph 28 or paragraph 29A".") | |
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Page 28, line 33, at end insert--
("(1A) But sub-paragraph (1) does not apply to an application under paragraph 10 or 11 if--
(a) the union (or unions) recognised under the collective agreement and the union (or unions) making the application under paragraph 10 or 11 are the same, and
(b) the matters in respect of which the union is (or unions are) entitled to conduct collective bargaining do not include pay, hours or holidays.") | |
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Page 28, line 35, leave out ("64(3)") and insert ("66(1)") | |
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Page 28, line 37, leave out ("64(3)") and insert ("66(1)") | |
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Page 29, line 32, leave out (", and") and insert ("or proceeds under paragraph 18 with an application relating to a bargaining unit,
(aa) the application has not been withdrawn,
(ab) no notice has been given under paragraph 15A(2),") | |
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Page 29, line 34, at end insert (", and
(c) no notification has been made under paragraph 22(2)") | |
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Page 29, line 46, after ("unit") insert ("or proceeds under paragraph 18 with an application relating to a bargaining unit") | |
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Page 30, line 10, after ("37") insert ("or 37A") | |
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Page 30, line 11, after ("declaration") insert ("under paragraph 27(4)") | |
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Page 30, line 13, at end insert ("; and this is so whether the ballot concerned is held under this Part or Part III of this Schedule") | |
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Page 30, line 24, at end insert--
("37A.--(1) This paragraph applies if the CAC issues a declaration under paragraph 99(3) that bargaining arrangements are to cease to have effect; and this is so whether the ballot concerned is held under Part IV or Part V of this Schedule.
(2) An application under paragraph 10 or 11 is not admissible if--
(a) the application is made within the period of 3 years starting with the day after that on which the declaration was issued,
(b) the relevant bargaining unit is the same or substantially the same as the bargaining unit to which the bargaining arrangements mentioned in sub-paragraph (1) relate, and
(c) the application is made by the union which was a party (or unions which were parties) to the proceedings leading to the declaration.
(3) The relevant bargaining unit is--
(a) the proposed bargaining unit, where the application is under paragraph 10(2) or 11(2);
(b) the agreed bargaining unit, where the application is under paragraph 11(4).") | |
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Page 30, line 25, leave out ("and 37") and insert ("to 37A") | |
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Page 30, line 28, at end insert-- | |
| | ("General provisions about validity | |
| | 38A.--(1) Paragraphs 38B to 38H apply if the CAC has to decide under paragraph 18 whether an application is valid.
(2) In those paragraphs--
(a) references to the application in question are to that application, and
(b) references to the relevant bargaining unit are to the bargaining unit agreed by the parties or decided by the CAC.
38B.--(1) The application in question is invalid if the CAC is satisfied that there is already in force a collective agreement under which a union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of any workers falling within the relevant bargaining unit.
(2) An agreement for or declaration of recognition which is the subject of a declaration under paragraph 66(1) must for the purposes of sub-paragraph (1) be treated as ceasing to have effect on the making of the declaration under paragraph 66(1).
(3) In applying sub-paragraph (1) an agreement for recognition (the agreement in question) must be ignored if--
(a) the union does not have (or none of the unions has) a certificate under section 6 that it is independent,
(b) at some time there was an agreement (the old agreement) between the employer and the union under which the union (whether alone or with other unions) was recognised as entitled to conduct collective bargaining on behalf of a group of workers which was the same or substantially the same as the group covered by the agreement in question, and
(c) the old agreement ceased to have effect in the period of three years ending with the date of the agreement in question.
(4) It is for the CAC to decide whether one group of workers is the same or substantially the same an another, but in deciding the CAC may take account of the views of any person it believes has an interest in the matter.
38C. The application in question is invalid unless the CAC decides that--
(a) members of the union (or unions) constitute at least 10 per cent of the workers constituting the relevant bargaining unit, and
(b) a majority of the workers constituting the relevant bargaining unit would be likely to favour recognition of the union (or unions) as entitled to conduct collective bargaining on behalf of the bargaining unit.
38D.--(1) This paragraph applies if--
(a) the CAC accepts an application under paragraph 10 or 11 relating to a bargaining unit or proceeds under paragraph 18 with an application relating to a bargaining unit,
(b) the application has not been withdrawn,
(c) no notice has been given under paragraph 15A(2),
(d) the CAC has not issued a declaration under paragraph 20(2), 25(2), 27(3) or 27(4) in relation to that bargaining unit, and
(e) no notification has been made under paragraph 22(2).
(2) The application in question is invalid if--
(a) at least one worker falling within the relevant bargaining unit also falls within the bargaining unit referred to in sub-paragraph (1), and
(b) the application in question is made by a union (or unions) other than the union (or unions) which made the application referred to in sub-paragraph (1).
38E.--(1) This paragraph applies if the CAC accepts an application under paragraph 10 or 11 relating to a bargaining unit or proceeds under paragraph 18 with an application relating to a bargaining unit.
(2) The application in question is invalid if--
(a) the application is made within the period of 3 years starting with the day after that on which the CAC gave notice of acceptance of the application mentioned in sub-paragraph (1),
(b) the relevant bargaining unit is the same or substantially the same as the bargaining unit mentioned in sub-paragraph (1), and
(c) the application is made by the union (or unions) which made the application mentioned in sub-paragraph (1).
(3) This paragraph does not apply if paragraph 38F or 38G applies.
38F.--(1) This paragraph applies if the CAC issues a declaration under paragraph 27(4) that a union is (or unions are) not entitled to be recognised as entitled to conduct collective bargaining on behalf of a bargaining unit; and this is so whether the ballot concerned is held under this Part or Part III of this Schedule.
(2) The application in question is invalid if--
(a) the application is made within the period of 3 years starting with the date of the declaration,
(b) the relevant bargaining unit is the same or substantially the same as the bargaining unit mentioned in sub-paragraph (1), and
(c) the application is made by the union (or unions) which made the application leading to the declaration.
38G.--(1) This paragraph applies if the CAC issues a declaration under paragraph 99(3) that bargaining arrangements are to cease to have effect; and this is so whether the ballot concerned is held under Part IV or Part V of this Schedule.
(2) The application in question is invalid if--
(a) the application is made within the period of 3 years starting with the day after that on which the declaration was issued,
(b) the relevant bargaining unit is the same or substantially the same as the bargaining unit to which the bargaining arrangements mentioned in sub-paragraph (1) relate, and
(c) the application is made by the union which was a party (or unions which were parties) to the proceedings leading to the declaration.
38H.--(1) This paragraph applies for the purposes of paragraphs 38E to 38G.
(2) It is for the CAC to decide whether one bargaining unit is the same or substantially the same as another, 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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Page 30, line 31, after ("35(1)") insert ("or 38D(1)") | |
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Page 30, line 34, after ("35(2)") insert ("or the application in question referred to in paragraph 38D(2);
but an application cannot be an original application unless it was made under paragraph 10(2) or 11(2)") | |
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Page 30, line 37, after ("35") insert ("or is invalid by reason of paragraph 38D") | |
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Page 31, leave out lines 5 to 21 and insert-- | |
| | ("Agreements for recognition | |
| | 40.--(1) This paragraph applies for the purposes of this Part of this Schedule.
(2) An agreement is an agreement for recognition if the following conditions are fulfilled in relation to it--
(a) the agreement is made in the permitted period between a union (or unions) and an employer in consequence of a request made under paragraph 3 and valid within the terms of paragraphs 4 to 8;
(b) under the agreement the union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of a group or groups of workers employed by the employer;
(c) if sub-paragraph (5) applies to the agreement, it is satisfied.
(3) The permitted period is the period which begins with the day on which the employer receives the request and ends when the first of the following occurs--
(a) the union withdraws (or unions withdraw) the request;
(b) the union withdraws (or unions withdraw) any application under paragraph 10 or 11 made in consequence of the request;
(c) the CAC gives notice of a decision under paragraph 13(7) which precludes it from accepting such an application under paragraph 10 or 11;
(d) the CAC gives notice under paragraph 14(4)(a) or 18(4)(a) in relation to such an application under paragraph 10 or 11;
(e) the parties give notice to the CAC under paragraph 15A(2) in relation to such an application under paragraph 10 or 11;
(f) the CAC issues a declaration under paragraph 20(2) in consequence of such an application under paragraph 10 or 11;
(g) the CAC is notified under paragraph 22(2) in relation to such an application under paragraph 10 or 11;
(h) the last day of the notification period ends (the notification period being that defined by paragraph 22(5) and arising from such an application under paragraph 10 or 11);
(i) the CAC is required under paragraph 39(3) to cancel such an application under paragraph 10 or 11.
(4) Sub-paragraph (5) applies to an agreement if--
(a) at the time it is made the CAC has received an application under paragraph 10 or 11 in consequence of the request mentioned in sub-paragraph (2), and
(b) the CAC has not decided whether the application is admissible or it has decided that it is admissible.
(5) This sub-paragraph is satisfied if, in relation to the application under paragraph 10 or 11, the parties give notice to the CAC under paragraph 15A before the final event (as defined in paragraph 15A) occurs. | |
| | Other interpretation | |
| | 41.--(1) This paragraph applies for the purposes of this Part of this Schedule.
(2) In relation to an agreement for recognition, references to the bargaining unit are to the group of workers (or the groups taken together) to which the agreement for recognition relates.
(3) In relation to an agreement for recognition, references to the parties are to the union (or unions) and the employer who are parties to the agreement.
41A.--(1) This paragraph applies for the purposes of this Part of this Schedule.
(2) The meaning of collective bargaining given by section 178(1) shall not apply.
(3) Except in paragraph 45(2), in relation to an agreement for recognition references to collective bargaining are to negotiations relating to the matters in respect of which the union is (or unions are) recognised as entitled to conduct negotiations under the agreement for recognition.
(4) In paragraph 45(2) the reference to collective bargaining is to negotiations relating to pay, hours and holidays. | |
| | Determination of type of agreement | |
| | 41B.--(1) This paragraph applies if one or more of the parties to an agreement applies to the CAC for a decision whether or not the agreement is an agreement for recognition.
(2) The CAC must give notice of receipt of an application under sub-paragraph (1) to any parties to the agreement who are not parties to the application.
(3) The CAC must within the decision period decide whether the agreement is an agreement for recognition.
(4) If the CAC decides that the agreement is an agreement for recognition it must issue a declaration to that effect.
(5) If the CAC decides that the agreement is not an agreement for recognition it must issue a declaration to that effect.
(6) The decision period is--
(a) the period of 10 working days starting with the day after that on which the CAC receives the application under sub-paragraph (1), or
(b) such longer period (so starting) as the CAC may specify to the parties to the agreement by notice containing reasons for the extension. | |
| | Termination of agreement for recognition | |
| | 41C.--(1) The employer may not terminate an agreement for recognition before the relevant period ends.
(2) After that period ends the employer may terminate the agreement, with or without the consent of the union (or unions).
(3) The union (or unions) may terminate an agreement for recognition at any time, with or without the consent of the employer.
(4) Sub-paragraphs (1) to (3) have effect subject to the terms of the agreement or any other agreement of the parties.
(5) The relevant period is the period of three years starting with the day after the date of the agreement.
41D.--(1) If an agreement for recognition is terminated, as from the termination the agreement and any provisions relating to the collective bargaining method shall cease to have effect.
(2) For this purpose provisions relating to the collective bargaining method are--
(a) any agreement between the parties as to the method by which collective bargaining is to be conducted with regard to the bargaining unit, or
(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 bargaining unit.") | |
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Page 31, line 23, leave out from beginning to end of line 28 and insert--
("42.--(1) This paragraph applies if the parties make an agreement for recognition.
(2) The parties may in the negotiation period conduct negotiations with a view to agreeing a method by which they will conduct collective bargaining.
(3) If no agreement is made in the negotiation period the employer or the union (or unions) may apply to the CAC for assistance.
(4) The negotiation period is--
(a) the period of 30 working days starting with the start day, or
(b) such longer period (so starting) as the parties may from time to time agree.
(5) The start day is the day after that on which the agreement is made.
42A.--(1) This paragraph applies if--
(a) the parties to an agreement for recognition agree a method by which they will conduct collective bargaining, and
(b) one or more of the parties fails to carry out the agreement as to a method.
(2) The employer or the union (or unions) may apply to the CAC for assistance.
42B.--(1) This paragraph applies if an application for assistance is made to the CAC under paragraph 42 or 42A.
(2) The application is not admissible unless the conditions in sub-paragraphs (3) and (4) are satisfied.") | |
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Page 31, line 33, leave out from beginning to end of line 37 and insert--
("(4) The condition is that the union (or every union) has a certificate under section 6 that it is independent.") | |
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Page 33, line 13, at end insert--
("(5A) If the CAC accepts an application, the applicant may not withdraw it after the end of the agreement period.") | |
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Page 33, line 27, at end insert (", and
("(b) provisions relating to the collective bargaining method apply in relation to the unit.") | |
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Page 33, line 33, at end insert ("which apply in relation to the original unit.") | |
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Page 33, line 34, leave out first ("the") | |
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Page 33, line 43, leave out from beginning to end of line 12 on page 34 | |
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Page 35, line 14, leave out ("or agreement") | |
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Page 35, line 32, leave out ("or 47") | |
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Page 38, line 30, leave out ("in") and insert ("under") | |
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Page 38, line 45, leave out ("or agreement") | |
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Page 39, line 12, leave out ("or 47") | |
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Page 40, line 6, leave out ("appropriate or units which are") and insert ("(or units which are)") | |
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Page 40, line 9, leave out ("appropriate or units which are") and insert ("(or units which are)") | |
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Page 40, leave out lines 18 and 19 and insert--
("(1) This paragraph applies if in the CAC's opinion the new unit contains at least one worker falling within a statutory outside bargaining unit.
(1A) In such a case-") | |
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Page 40, line 27, leave out ("the outside unit") and insert ("each statutory outside bargaining unit containing workers who fall within the new unit") | |
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Page 40, line 29, leave out ("or 47") | |
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Page 40, line 30, leave out second ("the") and insert ("an") | |
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Page 40, line 45, leave out ("An") and insert ("A statutory") | |
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Page 41, line 9, at end insert--
("66A.--(1) This paragraph applies if in the CAC's opinion the new unit contains--
(a) at least one worker falling within a voluntary outside bargaining unit, but
(b) no worker falling within a statutory outside bargaining unit.
(2) In such a case--
(a) the CAC must issue a declaration that the original bargaining arrangements, so far as relating to workers falling within the new unit, are to cease to have effect on a date specified by the CAC in the declaration, and
(b) the original bargaining arrangements shall cease to have effect accordingly.
(3) The original bargaining arrangements are the bargaining arrangements as defined in paragraph 46.
(4) A voluntary outside bargaining unit is a bargaining unit which fulfils these conditions--
(a) it is not the original unit;
(b) a union is (or unions are) recognised as entitled to conduct collective bargaining on its behalf by virtue of an agreement with the employer;
(c) the union (or at least one of the unions) is not a party referred to in paragraph 46.
(5) The date specified under sub-paragraph (2)(a) must be--
(a) the date on which the relevant period expires, or
(b) if the CAC believes that to maintain the original bargaining arrangements would be impracticable or contrary to the interests of good industrial relations, the date after the date on which the declaration is issued;
and the relevant period is the period of 65 working days starting with the day after that on which the declaration is issued.") | |
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Page 41, leave out lines 10 to 33 | |
