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| | 48. - (1) This paragraph applies if the CAC issues a declaration under paragraph 29(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.
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(2) The application in question is invalid if-
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(a) the application is made within the period of 3 years starting with the date of the declaration, |
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(b) the relevant bargaining unit is the same or substantially the same as the bargaining unit mentioned in sub-paragraph (1), and |
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(c) the application is made by the union (or unions) which made the application leading to the declaration. |
| | 49. - (1) This paragraph applies if the CAC issues a declaration under paragraph 121(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.
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(2) The application in question is invalid if-
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(a) the application is made within the period of 3 years starting with the day after that on which the declaration was issued, |
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(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 |
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(c) the application is made by the union which was a party (or unions which were parties) to the proceedings leading to the declaration. |
| | 50. - (1) This paragraph applies for the purposes of paragraphs 47 to 49.
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(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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Competing applications |
| | 51. - (1) For the purposes of this paragraph-
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(a) the original application is the application referred to in paragraph 38(1) or 46(1), and |
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(b) the competing application is the other application referred to in paragraph 38(2) or the application in question referred to in paragraph 46(2); |
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but an application cannot be an original application unless it was made under paragraph 11(2) or 12(2).
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(2) This paragraph applies if-
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(a) the CAC decides that the competing application is not admissible by reason of paragraph 38 or is invalid by reason of paragraph 46, |
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(b) at the time the decision is made the parties to the original application have not agreed the appropriate bargaining unit under paragraph 18, and the CAC has not decided the appropriate bargaining unit under paragraph 19, in relation to the application, and |
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(c) the 10 per cent test (within the meaning given by paragraph 14) is satisfied with regard to the competing application. |
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(3) In such a case-
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(a) the CAC must cancel the original application, |
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(b) the CAC must give notice to the parties to the application that it has been cancelled, |
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(c) no further steps are to be taken under this Part of this Schedule in relation to the application, and |
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(d) the application shall be treated as if it had never been admissible. |
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PART II |
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VOLUNTARY RECOGNITION |
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Agreements for recognition |
| | 52. - (1) This paragraph applies for the purposes of this Part of this Schedule.
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(2) An agreement is an agreement for recognition if the following conditions are fulfilled in relation to it-
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(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 4 and valid within the terms of paragraphs 5 to 9; |
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(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; |
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(c) if sub-paragraph (5) applies to the agreement, it is satisfied. |
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(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-
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(a) the union withdraws (or unions withdraw) the request; |
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(b) the union withdraws (or unions withdraw) any application under paragraph 11 or 12 made in consequence of the request; |
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(c) the CAC gives notice of a decision under paragraph 14(7) which precludes it from accepting such an application under paragraph 11 or 12; |
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(d) the CAC gives notice under paragraph 15(4)(a) or 20(4)(a) in relation to such an application under paragraph 11 or 12; |
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(e) the parties give notice to the CAC under paragraph 17(2) in relation to such an application under paragraph 11 or 12; |
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(f) the CAC issues a declaration under paragraph 22(2) in consequence of such an application under paragraph 11 or 12; |
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(g) the CAC is notified under paragraph 24(2) in relation to such an application under paragraph 11 or 12; |
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(h) the last day of the notification period ends (the notification period being that defined by paragraph 24(5) and arising from such an application under paragraph 11 or 12); |
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(i) the CAC is required under paragraph 51(3) to cancel such an application under paragraph 11 or 12. |
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(4) Sub-paragraph (5) applies to an agreement if-
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(a) at the time it is made the CAC has received an application under paragraph 11 or 12 in consequence of the request mentioned in sub-paragraph (2), and |
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(b) the CAC has not decided whether the application is admissible or it has decided that it is admissible. |
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(5) This sub-paragraph is satisfied if, in relation to the application under paragraph 11 or 12, the parties give notice to the CAC under paragraph 17 before the final event (as defined in paragraph 17) occurs.
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Other interpretation |
| | 53. - (1) This paragraph applies for the purposes of this Part of this Schedule.
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(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.
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(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.
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| | 54. - (1) This paragraph applies for the purposes of this Part of this Schedule.
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(2) The meaning of collective bargaining given by section 178(1) shall not apply.
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(3) Except in paragraph 63(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.
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(4) In paragraph 63(2) the reference to collective bargaining is to negotiations relating to pay, hours and holidays.
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Determination of type of agreement |
| | 55. - (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.
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(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.
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(3) The CAC must within the decision period decide whether the agreement is an agreement for recognition.
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(4) If the CAC decides that the agreement is an agreement for recognition it must issue a declaration to that effect.
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(5) If the CAC decides that the agreement is not an agreement for recognition it must issue a declaration to that effect.
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(6) The decision period is-
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(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 |
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(b) such longer period (so starting) as the CAC may specify to the parties to the agreement by notice containing reasons for the extension. |
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Termination of agreement for recognition |
| | 56. - (1) The employer may not terminate an agreement for recognition before the relevant period ends.
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(2) After that period ends the employer may terminate the agreement, with or without the consent of the union (or unions).
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(3) The union (or unions) may terminate an agreement for recognition at any time, with or without the consent of the employer.
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(4) Sub-paragraphs (1) to (3) have effect subject to the terms of the agreement or any other agreement of the parties.
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(5) The relevant period is the period of three years starting with the day after the date of the agreement.
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| | 57. - (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.
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(2) For this purpose provisions relating to the collective bargaining method are-
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(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 |
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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 bargaining unit. |
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Application to CAC to specify method |
| | 58. - (1) This paragraph applies if the parties make an agreement for recognition.
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(2) The parties may in the negotiation period conduct negotiations with a view to agreeing a method by which they will conduct collective bargaining.
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(3) If no agreement is made in the negotiation period the employer or the union (or unions) may apply to the CAC for assistance.
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(4) The negotiation period is-
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(a) the period of 30 working days starting with the start day, or |
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(b) such longer period (so starting) as the parties may from time to time agree. |
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(5) The start day is the day after that on which the agreement is made.
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| | 59. - (1) This paragraph applies if-
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(a) the parties to an agreement for recognition agree a method by which they will conduct collective bargaining, and |
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(b) one or more of the parties fails to carry out the agreement as to a method. |
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(2) The employer or the union (or unions) may apply to the CAC for assistance.
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