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| | 60. - (1) This paragraph applies if an application for assistance is made to the CAC under paragraph 58 or 59.
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(2) The application is not admissible unless the conditions in sub-paragraphs (3) and (4) are satisfied.
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(3) The condition is that the employer, taken with any associated employer or employers, must-
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(a) employ at least 21 workers on the day the application is made, or |
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(b) employ an average of at least 21 workers in the 13 weeks ending with that day. |
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(4) The condition is that the union (or every union) has a certificate under section 6 that it is independent.
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(5) To find the average under sub-paragraph (3)(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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(6) For the purposes of sub-paragraph (3)(a) any worker employed by an associated company incorporated outside Great Britain must be ignored unless the day the application was made fell within a period during which he ordinarily worked in Great Britain.
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(7) For the purposes of sub-paragraph (3)(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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(8) For the purposes of sub-paragraphs (6) and (7) 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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(9) An order made under paragraph 7(6) may also-
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(a) provide that sub-paragraphs (2)(a), (3) and (5) to (8) of this paragraph 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 (3). |
| | 61. - (1) An application to the CAC 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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(2) An application which is made by a union (or unions) to the CAC is not admissible unless the union gives (or unions give) to the employer-
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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. |
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(3) An application which is made by an employer to the CAC is not admissible unless the employer gives 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. |
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CAC's response to application |
| | 62. - (1) The CAC must give notice to the parties of receipt of an application under paragraph 58.
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(2) Within the acceptance period the CAC must decide whether the application is admissible within the terms of paragraphs 58 and 61.
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(3) In deciding whether an 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 after that on which 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. |
| | 63. - (1) If the CAC accepts an application it must try to help the parties to reach in the agreement period an agreement on a method by which they will conduct collective bargaining.
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(2) If at the end of the agreement period the parties have not made such an agreement the CAC must specify to the parties the method by which they are to conduct collective bargaining.
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(3) Any method specified under sub-paragraph (2) is to have effect as if it were contained in a legally enforceable contract made by the parties.
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(4) But if the parties agree in writing-
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(a) that sub-paragraph (3) shall not apply, or shall not apply to particular parts of the method specified by the CAC, or |
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(b) to vary or replace the method specified by the CAC, |
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the written agreement shall have effect as a legally enforceable contract made by the parties.
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(5) Specific performance shall be the only remedy available for breach of anything which is a legally enforceable contract by virtue of this paragraph.
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(6) If the CAC accepts an application, the applicant may not withdraw it after the end of the agreement period.
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(7) If at any time before a specification is made under sub-paragraph (2) the parties jointly apply to the CAC requesting it to stop taking steps under this paragraph, the CAC must comply with the request.
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(8) The agreement period is-
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(a) the period of 20 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. |
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PART III |
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CHANGES AFFECTING BARGAINING UNIT |
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Introduction |
| | 64. - (1) This Part of this Schedule applies if-
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(a) 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, and |
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(b) provisions relating to the collective bargaining method apply in relation to the 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 which apply in relation to the original unit. |
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(3) For this purpose 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. |
| | 65. 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 |
| | 66. - (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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| | 67. - (1) An application under paragraph 66 is not admissible unless the CAC decides that it is likely 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. |
| | 68. - (1) The CAC must give notice to the parties of receipt of an application under paragraph 66.
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(2) Within the acceptance period the CAC must decide whether the application is admissible within the terms of paragraphs 67 and 92.
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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 after that on which 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. |
| | 69. - (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 or units (the new unit or units) differing from the original unit and inform the CAC of their agreement. |
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(2) If in the CAC's opinion the new unit (or any of the new units) contains at least one worker falling within an outside bargaining unit no further steps are to be taken under this Part of this Schedule.
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(3) If sub-paragraph (2) does not apply-
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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 or units; |
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(b) so far as it affects workers in the new unit (or units) who fall within the original unit, the declaration shall have effect in place of any declaration 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 or units, 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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(4) 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. |
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(5) An outside bargaining unit is a bargaining unit which fulfils these conditions-
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(a) it is not the original unit; |
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(b) a union is (or unions are) recognised as entitled to conduct collective bargaining on its behalf; |
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(c) the union (or at least one of the unions) is not a party referred to in paragraph 64. |
