at least 21 workers on the day the employer receives the request, or

an average of at least 21 workers in the 13 weeks ending with that day.

take the number of workers employed in each of the 13 weeks (including workers not employed for the whole of the week);

aggregate the 13 numbers;

divide the aggregate by 13.

the ship's entry in the register specifies a port outside Northern Ireland as the port to which the vessel is to be treated as belonging,

the employer is wholly outside Northern Ireland, or

the worker is not ordinarily resident in Northern Ireland.

provide that sub-paragraphs (1) to (5) are not to apply, or are not to apply in specified circumstances, or

vary the number of workers for the time being specified in sub-paragraph (1).

the period of 20 working days starting with the day after that on which the first period ends, or

such longer period (so starting) as the parties may from time to time agree.

before the end of the first period the employer fails to respond to the request, or

before the end of the first period the employer informs the union (or unions) that the employer does not accept the request (without indicating a willingness to negotiate).

whether the proposed bargaining unit is appropriate;

whether the union has (or unions have) the support of a majority of the workers constituting the appropriate bargaining unit.

the employer informs the union (or unions) under paragraph 10(2), and

no agreement is made before theF4 end of the second period.

whether the proposed bargaining unit is appropriate;

whether the union has (or unions have) the support of a majority of the workers constituting the appropriate bargaining unit.

the employer informs the union (or unions) under paragraph 10(2), and

before the end of the second period the parties agree a bargaining unit but not that the union is (or unions are) to be recognised as entitled to conduct collective bargaining on behalf of the unit.

the union rejects (or unions reject) the proposal, or

the union fails (or unions fail) to accept the proposal within the period of 10 working days starting with the day after that on which the employer makes the proposal.

two or more relevant applications are made,

at least one worker falling within one of the relevant bargaining units also falls within the other relevant bargaining unit (or units), and

the Court has not accepted any of the applications.

the proposed bargaining unit, where the application is under paragraph 11(2) or 12(2);

the agreed bargaining unit, where the application is under paragraph 12(4).

the period of 10 working days starting with the day after that on which the Court receives the last relevant application, or

such longer period (so starting) as the Court may specify to the parties by notice containing reasons for the extension.

the 10 per cent test is satisfied with regard to more than one of the relevant applications, or

the 10 per cent test is satisfied with regard to none of the relevant applications,

must proceed under paragraph 15 with regard to that application, and

must not accept any of the other relevant applications.

any application with regard to which no decision has to be made under paragraph 14;

any application with regard to which the Court must proceed under this paragraph by virtue of paragraph 14.

the request for recognition to which the application relates is valid within the terms of paragraphs 5 to 9, and

the application is made in accordance with paragraph 11 or 12 and admissible within the terms of paragraphs 33 to 42.

the Court must give notice of its decision to the parties,

the Court must not accept the application, and

no further steps are to be taken under this Part.

accept the application, and

give notice of the acceptance to the parties.

the period of 10 working days starting with the day after that on which the Court receives the application, or

such longer period (so starting) as the Court may specify to the parties by notice containing reasons for the extension.

after the Court issues a declaration under paragraphF5 19F(5) or 22(2), or

after the union (or the last of the unions) receives notice under paragraph 22(3) or 23(2).

the Court must give notice of the withdrawal to the employer, and

no further steps are to be taken under this Part.

it has not decided whether the application is admissible, or

it has decided that the application is admissible.

the Court issues a declaration under paragraphF6 19F(5) or 22(2) in consequence of the application;

the last day of the notification period ends;

the period of 20 working days starting with the day after that on which the Court gives notice of acceptance of the application, or

such longer period (so starting) as the Court must specify to the parties by notice containing reasons for the extension.

a list of the categories of worker in the proposed bargaining unit,

a list of the workplaces at which the workers in the proposed bargaining unit work, and

the number of workers the employer reasonably believes to be in each category at each workplace.

if the person works at or from a single set of premises, those premises, and

in any other case, the premises with which the workers employment has the closest connection.

the Court accepts an application under paragraph 11(2) or 12(2),

the parties have not agreed an appropriate bargaining unit at the end of the appropriate period (defined by paragraph 18), and

at the end of that period either no request under paragraph 19A(1)(b) has been made or such a request has been made but the condition in paragraph 19A(1)(c) has not been met.

the period of 10 working days starting with the day after that with which the appropriate period ends, or

such longer period (so starting) as the Court may specify to the parties by notice containing reasons for the extension.

the Court accepts an application under paragraph 11(2) or 12(2),

during the appropriate period (defined by paragraph 18), the Court is requested by the union (or unions) to make a decision under this paragraph, and

the Court is, either at the time the request is made or at a later time during the appropriate period, of the opinion that the employer has failed to comply with the duty imposed by paragraph 18A.

the period of 10 working days starting with the day after the day on which the request is made, or

such longer period (so starting) as the Court may specify to the parties by notice containing reasons for the extension.

the need for the unit to be compatible with effective management;

the matters listed in sub-paragraph (3), so far as they do not conflict with that need.

the views of the employer and of the union (or unions);

existing national and local bargaining arrangements;

the desirability of avoiding small fragmented bargaining units within an undertaking;

the characteristics of workers falling within the bargaining unit under consideration and of any other employees of the employer whom the Court considers relevant;

the location of workers.

in relation to any time before an appropriate bargaining unit is agreed by the parties or decided by the Court, those falling within the proposed bargaining unit, and

in relation to any time after an appropriate bargaining unit is so agreed or decided, those falling within the bargaining unit agreed or decided upon.

the application under paragraph 11 or 12 is withdrawn;

the Court gives notice to the union (or unions) of a decision under paragraph 20 that the application is invalid;

the Court notifies the union (or unions) of a declaration issued under paragraph 19F(5) or 22(2);

the Court informs the union (or unions) under paragraph 25(9) of the name of the person appointed to conduct a ballot.

he satisfies such conditions as may be specified for the purposes of paragraph 25(7)(a) by an order under that provision, or is himself specified for those purposes by such an order, and

there are no grounds for believing either that he will carry out any functions arising from his appointment otherwise than competently or that his independence in relation to those functions might reasonably be called into question.

make such an appointment as is mentioned in that sub-paragraph, and

inform the parties of the name of the person appointed and the date of his appointment.

to give to the Court, within the period of 10 working days starting with the day after that on which the employer is informed under paragraph 19C(7)(b), the names and home addresses of the relevant workers;

if the relevant workers change as a result of an appropriate bargaining unit being agreed by the parties or decided by the Court, to give to the Court, within the period of 10 working days starting with the day after that on which the bargaining unit is agreed or the Court's decision is notified to the employer, the names and home addresses of those who are now the relevant workers;

to give to the Court, as soon as reasonably practicable, the name and home address of any worker who joins the bargaining unit after the employer has complied with paragraph (a) or (b);

to inform the Court, as soon as reasonably practicable, of any worker whose name has been given to the Court under paragraph (a), (b) or (c) and who ceases to be a relevant worker (otherwise than by reason of a change mentioned in paragraph (b)).

whose name and home address have been passed on to him under paragraph 19D(4), and

who is (so far as the appointed person is aware) still a relevant worker,

if the application under paragraph 19C was made by one union, by the union, and

if that application was made by more than one union, by the unions in such proportions as they jointly indicate to the appointed person or, in the absence of such an indication, in equal shares.

the costs wholly, exclusively and necessarily incurred by the appointed person in connection with handling during the initial period communications between the union (or unions) and the relevant workers,

such reasonable amount as the appointed person charges for his services, and

such other costs as the union (or unions) agree.

to take such steps to remedy the failure as the Court considers reasonable and specifies in the order, and

to do so within such period as the Court considers reasonable and specifies in the order;

the Court is satisfied that the employer has failed to comply with a remedial order,

the parties have agreed an appropriate bargaining unit or the Court has decided an appropriate bargaining unit,

in the case of an application under paragraph 11(2) or 12(2), the Court, if required to do so, has decided under paragraph 20 that the application is not invalid, and

the initial period has not yet ended.

the Court accepts an application under paragraph 11(2) or 12(2),

the parties have agreed an appropriate bargaining unit at the end of the appropriate periodF11 (defined by paragraph 18), or the Court has decided an appropriate bargaining unit, and

that bargaining unit differs from the proposed bargaining unit.

the Court must give notice of its decision to the parties,

the Court must not proceed with the application, and

no further steps are to be taken under this Part.

proceed with the application, and

give notice to the parties that it is so proceeding.

the period of 10 working days starting with the day after that on which the parties agree an appropriate bargaining unit or the Court decides an appropriate bargaining unit, or

such longer period (so starting) as the Court may specify to the parties by notice containing reasons for the extension.

the Court accepts an application under paragraph 11(2) or 12(2),

the parties have agreed an appropriate bargaining unit at the end of the appropriate periodF12 (defined by paragraph 18), or the Court has decided an appropriate bargaining unit, and

that bargaining unit is the same as the proposed bargaining unit.

the Court proceeds with an application in accordance with paragraph 20 or 21F13 (and makes no declaration under paragraph 19F(5)), and

the Court is satisfied that a majority of the workers constituting the bargaining unit are members of the union (or unions).

the Court is satisfied that a ballot should be held in the interests of good industrial relations;

the Court has evidence, which it considers to be credible, from a significant number of the union members within the bargaining unit that they do not want the union (or unions) to conduct collective bargaining on their behalf;

membership evidence is produced which leads the Court to conclude that there are doubts whether a significant number of the union members within the bargaining unit want the union (or unions) to conduct collective bargaining on their behalf.

evidence about the circumstances in which union members became members;

evidence about the length of time for which union members have been members, in a case where the Court is satisfied that such evidence should be taken into account.

the Court proceeds with an application in accordance with paragraph 20 or 21F14 (and makes no declaration under paragraph 19F(5)), and

the Court is not satisfied that a majority of the workers constituting the bargaining unit are members of the union (or unions).

the union (or unions), or

the union (or unions) and the employer,

it must not arrange for the holding of the ballot,

it must inform the parties that it will not arrange for the holding of the ballot, and why, and

no further steps are to be taken under this Part.

the period of 10 working days starting with the day on which the union (or last of the unions) receives the Court's notice under paragraph 22(3) or 23(2), or

such longer period so starting as the Court may specify to the parties by notice.

the period of 10 working days starting with the day on which the last of the parties receives the Court's notice under paragraph 22(3) or 23(2), or

such longer period so starting as the Court may specify to the parties by notice.

the period of 20 working days starting with the day after that on which the qualified independent person is appointed, or

such longer period (so starting) as the Court may decide.

at a workplace or workplaces decided by the Court,

by post, or

by a combination of the methods described in sub-paragraphs (a) and (b),

the likelihood of the ballot being affected by unfairness or malpractice if it were conducted at a workplace or workplaces;

costs and practicality;

such other matters as the Court considers appropriate.

factors arising from the location of workers or the nature of their employment;

factors put to the Court by the employer or the union (or unions).

who (but for the arrangements) would be prevented by the Court's decision from voting by post, and

who are unable, for reasons relating to those workers as individuals, to cast their votes in the ballot at the workplace (or at any of them),

he satisfies such conditions as may be specified for the purposes of this paragraph by order of the Department or is himself so specified, and

there are no grounds for believing either that he will carry out any functions conferred on him in relation to the ballot otherwise than competently or that his independence in relation to the ballot might reasonably be called into question.

that it is so required;

of the nature of the person appointed to conduct the ballot and the date of his appointment;

of the period within which the ballot must be conducted;

whether the ballot is to be conducted by post or at a workplace or workplaces;

of the workplace or workplaces concerned (if the ballot is to be conducted at a workplace or workplaces).

to give to the Court, within the period of 10 working days starting with the day after that on which the employer is informed under paragraph 25(9), the names and home addresses of the workers constituting the bargaining unit;

to give to the Court, as soon as is reasonably practicable, the name and home address of any worker who joins theF18 unit after the employer has complied with paragraph (a);

to inform the Court, as soon as is reasonably practicable, of any worker whose name has been given to the Court under paragraphF18 19D or paragraph (a) or (b) of this sub-paragraph and who ceases to be within the unit.

has or is likely to have the effect of inducing any or all of them not to attend any relevant meeting between the union (or unions) and the workers constituting the bargaining unit, and

is not reasonable in the circumstances.

attended or took part in any relevant meeting between the union (or unions) and the workers constituting the bargaining unit, or

indicated his intention to attend or take part in such a meeting.

it is organised in accordance with any agreement reached concerning the second duty or as a result of a step ordered to be taken under paragraph 27 to remedy a failure to comply with that duty, and

it is one which the employer is, by such an agreement or order as is mentioned in paragraph (a), required to permit the worker to attend.

he refuses a request for a meeting between the union (or unions) and any or all of the workers constituting the bargaining unit to be held in the absence of the employer or any representative of his (other than one who has been invited to attend the meeting) and it is not reasonable in the circumstances for him to do so,

he or a representative of his attends such a meeting without having been invited to do so,

he seeks to record or otherwise be informed of the proceedings at any such meeting and it is not reasonable in the circumstances for him to do so, or

he refuses to give an undertaking that he will not seek to record or otherwise be informed of the proceedings at any such meeting unless it is reasonable in the circumstances for him to do either of those things.

a person was appointed on an application under paragraph 19C, and

the person appointed to conduct the ballot is not that person,

whose name and home address have beenF18 passed on to him under paragraph 19D or this paragraph, and

who is still within the unit (so far as the person so appointed is aware),

about reasonable access for the purposes of sub-paragraph (3), and

about the fourth duty imposed by this paragraph.

the power of the Agency under Article 90 of the 1992 Order;

the power of the Department under Article 95 of that Order..

to take such steps to remedy the failure as the Court considers reasonable and specifies in the order, and

to do so within such period as the Court considers reasonable and specifies in the order.

offers to pay money or give money’s worth to a worker entitled to vote in the ballot in return for the worker’s agreement to vote in a particular way or to abstain from voting,

makes an outcome-specific offer to a worker entitled to vote in the ballot;

dismisses or threatens to dismiss a worker,

takes or threatens to take disciplinary action against a worker,

subjects or threatens to subject a worker to any other detriment, or

uses or attempts to use undue influence on a worker entitled to vote in the ballot.

is not conditional on anything which is done or occurs as a result of the declaration in question.

the power of the Agency under Article 90 of the 1992 Order;

the power of the Department under Article 95 of that Order.

the date of the ballot, or

if votes may be cast in the ballot on more than one day, the last of those days.

the Court finds that the party complained against used an unfair practice, and

the period of 10 working days starting with the day after that on which the complaint under sub-paragraph (1) was received by the Court, or

such longer period (so starting) as the Court may specify to the parties by a notice containing reasons for the extension.

order the party concerned to take any action specified in the order within such period as may be so specified, or

give notice to the employer and to the union (or unions) that it intends to arrange for the holding of a secret ballot in which the workers constituting the bargaining unit are asked whether they want the union (or unions) to conduct collective bargaining on their behalf.

the use of violence, or

the dismissal of a union official.

it is satisfied that the party subject to the order has failed to comply with it, or

it makes another declaration under paragraph 27C(2) in relation to a complaint against that party.

gives a notice under paragraph 27C(3)(b), or

issues a declaration under paragraph 27D.

giving the Court the names and home addresses of any workers in the bargaining unit which have not previously been given to it in accordance with that duty;

giving the Court the names and home addresses of those workers who have joined the bargaining unit since he last gave the Court information in accordance with that duty;

informing the Court of any change to the name or home address of a worker whose name and home address have previously been given to the Court in accordance with that duty; and

informing the Court of any worker whose name had previously been given to it in accordance with that duty who has ceased to be within the bargaining unit.

as to half, by the employer, and

as to half, by the union (or unions).

in such proportions as they jointly indicate to the person appointed to conduct the ballot, or

in the absence of such an indication, in equal shares.

the gross costs of the ballot, and

the amount of the gross costs to be borne by the recipient.

the costs wholly, exclusively and necessarily incurred in connection with the ballot by the person appointed to conduct it,

such reasonable amount as the person appointed to conduct the ballot charges for his services, and

such other costs as the employer and the union (or unions) agree.

a majority of the workers voting, and

at least 40 per cent of the workers constituting the bargaining unit,

the period of 30 working days starting with the start day, or

such longer period (so starting) as the parties may from time to time agree.

that sub-paragraph (4) shall not apply, or shall not apply to particular parts of the method specified by the Court, or

to vary or replace the method specified by the Court,

the period of 20 working days starting with the day after that on which the Court receives the application under paragraph 30, or

such longer period (so starting) as the Court may decide with the consent of the parties.

the Court issues a declaration under this Part that the union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of a bargaining unit,

the parties agree a method by which they will conduct collective bargaining, and

one or more of the parties fails to carry out the agreement.

the union (or unions) recognised under the collective agreement and the union (or unions) making the application under paragraph 11 or 12 are the same, and

the matters in respect of which the union is (or unions are) entitled to conduct collective bargaining do not includeF26 all of the following: pay, hours and holidays ( “the core topics”).

the union does not have (or none of the unions has) a certificateF26 of independence,

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

the old agreement ceased to have effect in the period of three years ending with the date of the agreement in question.

the proposed bargaining unit, where the application is under paragraph 11(2) or 12(2);

the agreed bargaining unit, where the application is under paragraph 12(4).

members of the union (or unions) constitute at least 10 per cent of the workers constituting the relevant bargaining unit, and

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.

the proposed bargaining unit, where the application is under paragraph 11(2) or 12(2);

the agreed bargaining unit, where the application is under paragraph 12(4).

the unions show that they will co-operate with each other in a manner likely to secure and maintain stable and effective collective bargaining arrangements, and

the unions show that, if the employer wishes, they will enter into arrangements under which collective bargaining is conducted by the unions acting together on behalf of the workers constituting the relevant bargaining unit.

the proposed bargaining unit, where the application is under paragraph 11(2) or 12(2);

the agreed bargaining unit, where the application is under paragraph 12(4).

the Court accepts a relevant application relating to a bargaining unit or proceeds under paragraph 20 with an application relating to a bargaining unit,

the application has not been withdrawn,

no notice has been given under paragraph 17(2),

the Court has not issued a declaration under paragraphF27 19F(5), 22(2), 27(2), 27D(3), 27D(4), 29(3) or 29(4) in relation to that bargaining unit, and

no notification has been made under paragraph 24(2).

at least one worker falling within the relevant bargaining unit also falls within the bargaining unit referred to in sub-paragraph (1), and

the application is made by a union (or unions) other than the union (or unions) which made the application referred to in sub-paragraph (1).

the proposed bargaining unit, where the application is under paragraph 11(2) or 12(2);

the agreed bargaining unit, where the application is under paragraph 12(4).

the application is made within the period of 3 years starting with the day after that on which the Court gave notice of acceptance of the application mentioned in sub-paragraph (1),

the relevant bargaining unit is the same or substantially the same as the bargaining unit mentioned in sub-paragraph (1), and

the application is made by the union (or unions) which made the application mentioned in sub-paragraph (1).

the proposed bargaining unit, where the application is under paragraph 11(2) or 12(2);

the agreed bargaining unit, where the application is under paragraph 12(4).

the application is made within the period of 3 years starting with the day after that on which the declaration was issued,

the relevant bargaining unit is the same or substantially the same as the bargaining unit mentioned in sub-paragraph (1), and

the application is made by the union (or unions) which made the application leading to the declaration.

the proposed bargaining unit, where the application is under paragraph 11(2) or 12(2);

the agreed bargaining unit, where the application is under paragraph 12(4).

the application is made within the period of 3 years starting with the day after that on which the declaration was issued,

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

the application is made by the union which was a party (or unions which were parties) to the proceedings leading to the declaration.

the proposed bargaining unit, where the application is under paragraph 11(2) or 12(2);

the agreed bargaining unit, where the application is under paragraph 12(4).

references to the application in question are to that application, and

references to the relevant bargaining unit are to the bargaining unit agreed by the parties or decided by the Court.

the union (or unions) recognised under the collective agreement and the union (or unions) making the application in question are the same, and

the matters in respect of which the union is (or unions are) entitled to conduct collective bargaining do not includeF30 all of the following: pay, hours and holidays ( “the core topics)”.

the union does not have (or none of the unions has) a certificateF30 of independence,

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

the old agreement ceased to have effect in the period of three years ending with the date of the agreement in question.

the Court accepts an application under paragraph 11 or 12 relating to a bargaining unit or proceeds under paragraph 20 with an application relating to a bargaining unit,

the application has not been withdrawn,

no notice has been given under paragraph 17(2),

the Court has not issued a declaration under paragraphF31 19F(5), 22(2), 27(2), 27D(3), 27D(4), 29(3) or 29(4) in relation to that bargaining unit, and

no notification has been made under paragraph 24(2).

at least one worker falling within the relevant bargaining unit also falls within the bargaining unit referred to in sub-paragraph (1), and

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).

the application is made within the period of 3 years starting with the day after that on which the Court gave notice of acceptance of the application mentioned in sub-paragraph (1),

the relevant bargaining unit is the same or substantially the same as the bargaining unit mentioned in sub-paragraph (1), and

the application is made by the union (or unions) which made the application mentioned in sub-paragraph (1).

the application is made within the period of 3 years starting with the date of the declaration,

the relevant bargaining unit is the same or substantially the same as the bargaining unit mentioned in sub-paragraph (1), and

the application is made by the union (or unions) which made the application leading to the declaration.

the application is made within the period of 3 years starting with the day after that on which the declaration was issued,

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

the application is made by the union which was a party (or unions which were parties) to the proceedings leading to the declaration.

the original application is the application referred to in paragraph 38(1) or 46(1), and

the competing application is the other application referred to in paragraph 38(2) or the application in question referred to in paragraph 46(2);

the Court decides that the competing application is not admissible by reason of paragraph 38 or is invalid by reason of paragraph 46,

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 Court has not decided the appropriate bargaining unit under paragraph 19F34 or 19A, in relation to the application, and

the 10 per cent test (within the meaning given by paragraph 14) is satisfied with regard to the competing application.

the Court must cancel the original application,

the Court must give notice to the parties to the application that it has been cancelled,

no further steps are to be taken under this Part in relation to the application, and

the application shall be treated as if it had never been admissible.

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;

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;

if sub-paragraph (5) applies to the agreement, it is satisfied.

the union withdraws (or unions withdraws) the request;

the union withdraws (or unions withdraw) any application under paragraph 11 or 12 made in consequence of the request;

the Court gives notice of a decision under paragraph 14(7) which precludes it from accepting such an application under paragraph 11 or 12;

the Court gives notice under paragraph 15(4)(a) or 20(4)(a) in relation to such an application under paragraph 11 or 12;

the parties give notice to the court under paragraph 17(2) in relation to such an application under paragraph 11 or 12;

the Court issues a declaration under paragraphF35 19F(5) or 22(2) in consequence of such an application under paragraph 11 or 12;

the Court is notified under paragraph 24(2) in relation to such an application under paragraph 11 or 12;

the last day of the notification period ends (the notification period being that defined by paragraphF35 24(6) and rising from such an application under paragraph 11 or 12);

the Court is required under paragraph 51(3) to cancel such an application under paragraph 11 or 12.

at the time it is made the Court has received an application under paragraph 11 or 12 in consequence of the request mentioned in sub-paragraph (2), and

the Court has not decided whether the application is admissible or it has decided that it is admissible.

the period of 10 working days starting with the day after that on which the Court receives the application under sub-paragraph (1), or

such longer period (so starting) as the Court may specify to the parties to the agreement by notice containing reasons for the extension.

any agreement between the parties as to the method by which collective bargaining is to be conducted with regard to the bargaining unit, or

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.

the period of 30 working days starting with the start day, or

such longer period (so starting) as the parties may from time to time agree.

the parties to an agreement for recognition agree a method by which they will conduct collective bargaining, and

one or more of the parties fails to carry out the agreement as to a method.

employ at least 21 workers on the day the application is made, or

employ an average of at least 21 workers in the 13 weeks ending with that day.

take the number of workers employed in each of the 13 weeks (including workers not employed for the whole of the week);

aggregate the 13 numbers;

divide the aggregate by 13.

the ship's entry in the register specifies a port outside Northern Ireland as the port to which the vessel is to be treated as belonging,

the employment is wholly outside Northern Ireland, or

the worker is not ordinarily resident in Northern Ireland.

provide that sub-paragraphs (2), (3) and (5) to (8) of this paragraph are not to apply, or are not to apply in specified circumstances, or

vary the number of workers for the time being specified in sub-paragraph (3).

it is made in such form as the Court specifies, and

it is supported by such documents as the Court specifies.

notice of the application, and

a copy of the application and any documents supporting it.

notice of the application, and

a copy of the application and any documents supporting it.

the Court must give notice of its decision to the parties,

the Court must not accept the application, and

no further steps are to be taken under this Part.

accept the application, and

give notice of the acceptance to the parties.

the period of 10 working days starting with the day after that on which the Court receives the application, or

such longer period (so starting) as the Court may specify to the parties by notice containing reasons for the extension.

that sub-paragraph (3) shall not apply, or shall not apply to particular parts of the method specified by the Court, or

to vary or replace the method specified by the Court, the written agreement shall have effect as a legally enforceable contract made by the parties.

the period of 20 working days starting with the day after that on which the Court gives notice of acceptance of the application, or

such longer period (so starting) as the parties may from time to time agree.

the Court 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

provisions relating to the collective bargaining method apply in relation to the unit.

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

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.

the parties' agreement as to the method by which collective bargaining is to be conducted with regard to the original unit,

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

any provision of this Part that a method of collective bargaining is to have effect with regard to the original unit.

a change in the organisation or structure of the business carried on by the employer;

a change in the activities pursued by the employer in the course of the business carried on by him;

a substantial change in the number of workers employed in the original unit.

the Court must give notice of its decision to the parties,

the Court must not accept the application, and

no further steps are to be taken under this Part.

accept the application, and

give notice of the acceptance to the parties.

the period of 10 working days starting with the day after that on which the Court receives the application, or

such longer period (so starting) as the Court may specify to the parties by notice containing reasons for the extension.

the Court gives notice of acceptance of the application, and

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 Court of their agreement.

the Court 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;

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;

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 Court considers necessary to take account of the change of bargaining unit and specifies in the declaration.

the period of 10 working days starting with the day after that on which the Court gives notice of acceptance of the application, or

such longer period (so starting) as the parties may from time to time agree and notify to the Court.

it is not the original unit;

a union is (or unions are) recognised as entitled to conduct collective bargaining on its behalf;

the union (or at least one of the unions) is not a party referred to in paragraph 64.

the Court gives notice of acceptance of the application, and

the parties do not inform the Court before the end of the first period that they have agreed a bargaining unit or units differing from the original unit.

the Court must decide whether or not the original unit continues to be an appropriate bargaining unit;

if the Court decides that the original unit does not so continue, it must decide what other bargaining unit is or units are appropriate;

the Court must give notice to the parties of its decision or decisions under paragraphs (a) and (b).

any change in the organisation or structure of the business carried on by the employer;

any change in the activities pursued by the employer in the course of the business carried on by him;

any substantial change in the number of workers employed in the original unit.

the need for the unit or units to be compatible with effective management;

the matters listed in sub-paragraph (5), so far as they do not conflict with that need.

the views of the employer and of the union (or unions);

existing national and local bargaining arrangements;

the desirability of avoiding small fragmented bargaining units within an undertaking;

the characteristics of workers falling within the original unit and of any other employees of the employer whom the Court considers relevant;

the location of workers.

the period of 10 working days starting with the day after that on which the first period ends, or

such longer period (so starting) as the Court may specify to the parties by notice containing reasons for the extension.

the parties agree under paragraph 69 a bargaining unit or units differing from the original unit,

paragraph 69(2) does not apply, and

at least one worker falling within the original unit does not fall within the new unit (or any of the new units).

the Court must issue a declaration that the bargaining arrangements, so far as relating to the worker or workers mentioned in sub-paragraph (1)(c), are to cease to have effect on a date specified by the Court in the declaration, and

the bargaining arrangements shall cease to have effect accordingly.

believes that the original unit has ceased to exist, and

wishes the bargaining arrangements to cease to have effect,

identifies the unit and the bargaining arrangements,

states the date on which the notice is given,

states that the unit has ceased to exist, and

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 after that on which the notice is given.

the Court must give the parties notice of its decision, and

the employer's notice shall be treated as not having been given.

the Court gives notice under sub-paragraph (5), and

the union does not (or unions do not) apply to the Court under paragraph 75.

the period of 10 working days starting with the day after that on which the Court receives the copy of the notice, or

such longer period (so starting) as the Court may specify to the parties by notice containing reasons for the extension.

the Court gives notice under paragraph 74(5), and

within the period of 10 working days starting with the day after that on which the notice is given the union makes (or unions make) an application to the Court for a decision on the questions specified in sub-paragraph (2).

whether the original unit has ceased to exist;

whether the original unit is no longer appropriate by reason of any of the matters specified in sub-paragraph (3).

a change in the organisation or structure of the business carried on by the employer;

a change in the activities pursued by the employer in the course of the business carried on by him;

a substantial change in the number of workers employed in the original unit.

the Court must give notice of its decision to the parties,

the Court must not accept the application, and

no further steps are to be taken under this Part.

accept the application, and

give notice of the acceptance to the parties.

the period of 10 working days starting with the day after that on which the Court receives the application, or

such longer period (so starting) as the Court may specify to the parties by notice containing reasons for the extension.

must give the employer and the union (or unions) an opportunity to put their views on the questions in relation to which the application was made;

must decide the questions before the end of the decision period.

the Court must give the parties notice of its decision, and

the bargaining arrangements shall cease to have effect on the termination date.

the Court must give the parties notice of its decision, and

the employer's notice shall be treated as not having been given.

the period of 10 working days starting with the day after that on which the Court gives notice of acceptance of the application, or

such longer period (so starting) as the Court may specify to the parties by notice containing reasons for the extension.

the date specified under paragraph 74(2)(d), and

the day after the last day of the decision period.

the Court gives notice under paragraph 77(4), and

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 Court of their agreement.

the Court 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;

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;

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 Court considers necessary to take account of the change of bargaining unit and specifies in the declaration.

the period of 10 working days starting with the day after that on which the Court gives notice under paragraph 77(4), or

such longer period (so starting) as the parties may from time to time agree and notify to the Court.

it is not the original unit;

a union is (or unions are) recognised as entitled to conduct collective bargaining on its behalf;

the union (or at least one of the unions) is not a party referred to in paragraph 64.

the Court gives notice under paragraph 77(4), and

the parties do not inform the Court before the end of the first period that they have agreed a bargaining unit or units differing from the original unit.

must decide what other bargaining unit is or units are appropriate;

must give notice of its decision to the parties.

the need for the unit or units to be compatible with effective management;

the matters listed in sub-paragraph (4), so far as they do not conflict with that need.

the views of the employer and of the union (or unions);

existing national and local bargaining arrangements;

the desirability of avoiding small fragmented bargaining units within an undertaking;

the characteristics of workers falling within the original unit and of any other employees of the employer whom the Court considers relevant;

the location of workers.

the period of 10 working days starting with the day after that on which the first period ends, or

such longer period (so starting) as the Court may specify to the parties by notice containing reasons for the extension.

the parties agree under paragraph 78 a bargaining unit or units differing from the original unit,

paragraph 78(2) does not apply, and

at least one worker falling within the original unit does not fall within the new unit (or any of the new units).

the Court must issue a declaration that the bargaining arrangements, so far as relating to the worker or workers mentioned in sub-paragraph (1)(c), are to cease to have effect on a date specified by the Court in the declaration, and

the bargaining arrangements shall cease to have effect accordingly.

a decision that the original unit is no longer an appropriate bargaining unit, and

a decision as to the bargaining unit which is (or units which are) appropriate.

must proceed as stated in paragraphs 83 to 89 with regard to the appropriate unit (if there is one only), or

must proceed as stated in paragraphs 83 to 89 with regard to each appropriate unit separately (if there are two or more).

the Court must issue a declaration that the relevant 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 Court in the declaration, and

the relevant bargaining arrangements shall cease to have effect accordingly.

the bargaining arrangements relating to the original unit, and

the bargaining arrangements relating to each statutory outside bargaining unit containing workers who fall within the new unit.

the declaration recognising a unit (or unions) as entitled to conduct collective bargaining on behalf of the workers constituting the outside unit, and

the provisions relating to the collective bargaining method.

any agreement by the employer and the union (or unions) as to the method by which collective bargaining is to be conducted with regard to the outside unit,

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 outside unit, or

any provision of this Part that a method of collective bargaining is to have effect with regard to the outside unit.

it is not the original unit;

a union is (or unions are) recognised as entitled to conduct collective bargaining on its behalf by virtue of a declaration of the Court;

the union (or at least one of the unions) is not a party referred to in paragraph 64.

the date on which the relevant period expires, or

if the Court believes that to maintain the relevant 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;

at least one worker falling within a voluntary outside bargaining unit, but

no worker falling within a statutory outside bargaining unit.

the Court 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 Court in the declaration, and

the original bargaining arrangements shall cease to have effect accordingly.

it is not the original unit;

a union is (or unions are) recognised as entitled to conduct collective bargaining on its behalf by virtue of an agreement with the employer;

the union (or at least one of the unions) is not a party referred to in paragraph 64.

the date on which the relevant period expires, or

if the Court 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;

decide whether the difference between the original unit and the new unit is such that the support of the union (or unions) within the new unit needs to be assessed, and

inform the parties of its decision.

the Court must issue a declaration that the union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of the new unit;

so far as it affects workers in the new unit 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;

the method of collective bargaining relating to the original unit shall have effect in relation to the new unit, with any modifications which the Court considers necessary to take account of the change of bargaining unit and specifies in the declaration.

whether members of the union (or unions) constitute at least 10 per cent of the workers constituting the new unit;

whether a majority of the workers constituting the new unit would be likely to favour recognition of the union (or unions) as entitled to conduct collective bargaining on behalf of the new unit.

the Court must issue a declaration that the 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 Court in the declaration, and

the bargaining arrangements shall cease to have effect accordingly.

the Court decides both the questions in paragraph 86(2) in the affirmative, and

the Court is satisfied that a majority of the workers constituting the new unit are members of the union (or unions).

the Court is satisfied that a ballot should be held in the interests of good industrial relations;

the Court has evidence, which it considers to be credible, from a significant number of the union members within the new bargaining unit that they do not want the union (or unions) to conduct collective bargaining on their behalf;

membership evidence is produced which leads the Court to conclude that there are doubts whether a significant number of the union members within the new unit want the union (or unions) to conduct collective bargaining on their behalf.

evidence about the circumstances in which union members became members;

evidence about the length of time for which union members have been members, in a case where the Court is satisfied that such evidence should be taken into account.

so far as it affects workers in the new unit 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;

the method of collective bargaining relating to the original unit shall have effect in relation to the new unit, with any modifications which the Court considers necessary to take account of the change of bargaining unit and specifies in the declaration.

the Court decides both the questions in paragraph 86(2) in the affirmative, and

the Court is not satisfied that a majority of the workers constituting the new unit are members of the union (or unions).

it must not arrange for the holding of the ballot,

it must inform the parties that it will not arrange for the holding of the ballot, and why,

it must issue a declaration that the bargaining arrangements, so far as relating to workers falling within the new unit, are to cease to have effect on a date specified by it in the declaration, and

the bargaining arrangements shall cease to have effect accordingly.

references to the bargaining unit were references to the new unit, and

paragraph 26(4F) to (4H), and the references in paragraph 26(4) and (6) to paragraph 19D, were omitted.

so far as it affects workers in the new unit 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;

the method of collective bargaining relating to the original unit shall have effect in relation to the new unit, with any modifications which the Court considers necessary to take account of the change of bargaining unit and specifies in the declaration.

the Court must state in the declaration the date on which the bargaining arrangements, so far as relating to workers falling within the new unit, are to cease to have effect, and

the bargaining arrangements shall cease to have effect accordingly.

the Court decides an appropriate bargaining unit or units under paragraph 70 or 79, and

at least one worker falling within the original unit does not fall within the new unit (or any of the new units).

the Court must issue a declaration that the bargaining arrangements, so far as relating to the worker or workers mentioned in sub-paragraph (1)(b), are to cease to have effect on a date specified by the Court in the declaration, and

the bargaining arrangements shall cease to have effect accordingly.

the Court has proceeded as stated in paragraphs 83 to 89 with regard to the new unit (if there is one only) or with regard to each new unit (if there are two or more), and

in so doing the Court has issued one or more declarations under paragraph 83.

consider each declaration issued under paragraph 83, and

in relation to each declaration, identify each statutory outside bargaining unit which contains at least one worker who also falls within the new unit to which the declaration relates;

consider each parent unit, and

in relation to each parent unit, identify any workers who fall within the parent unit but who do not fall within the new unit (or any of the new units);

the declaration shall have effect in place of the existing declaration that the outside union is (or outside unions are) recognised as entitled to conduct collective bargaining on behalf of the parent unit, so far as the existing declaration relates to the residual unit;

if there is a method of collective bargaining relating to the parent unit, it shall have effect in relation to the residual unit with any modifications which the Court considers necessary to take account of the change of bargaining unit and specifies in the declaration.

it is made in such form as the Court specifies, and

it is supported by such documents as the Court specifies.

notice of the application, and

a copy of the application and any documents supporting it.

notice of the application, and

a copy of the application and any documents supporting it.

after the Court issues a declaration under paragraph 69(3) or 78(3),

after the Court decides under paragraph 77(2) or 77(3),

after the Court issues a declaration under paragraph 83(2), 85(2), 86(3) or 87(2) in relation to the new unit (where there is only one) or a declaration under any of those paragraphs in relation to any of the new units (where there is more than one),

after the union has (or unions have) notified the Court under paragraph 89(1) in relation to the new unit (where there is only one) or any of the new units (where there is more than one), or

after the end of the notification period referred to in paragraph 89(1) and relating to the new unit (where there is only one) or any of the new units (where there is more than one).

the Court must give notice of the withdrawal to the other party (or parties), and

no further steps are to be taken under this Part.

sub-paragraphs (3) and (4) do not apply, and

references to collective bargaining are to negotiations relating to pay, hours and holidays.

that sub-paragraph (2) shall not apply, or shall not apply to particular parts of the method, or

to vary or replace the method,

the parties' agreement as to the method by which collective bargaining is to be conducted,

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, or

any provision of Part III that a method of collective bargaining is to have effect.

the employer believes that he, taken with any associated employer or employers, employed an average of fewer than 21 workers in any period of 13 weeks, and

that period ends on or after the relevant date.

is not invalidated by paragraph 99A,

identifies the bargaining arrangements,

specifies the period of 13 weeks in question,

states the date on which the notice is given,

is given within the period of 5 working days starting with the day after the last day of the specified period of 13 weeks,

states that the employer, taken with any associated employer or employers, employed an average of fewer than 21 workers in the specified period of 13 weeks, and

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 after that on which the notice is given.

take the number of workers employed in each of the 13 weeks (including workers not employed for the whole of the week);

aggregate the 13 numbers;

divide the aggregate by 13.

the ship's entry in the register specifies a port outside Northern Ireland as the port to which the vessel is to be treated as belonging,

the employment is wholly outside Northern Ireland, or

the worker is not ordinarily resident in Northern Ireland.

provide that sub-paragraphs (1) to (6) of this paragraph and paragraphsF40 99A to 103 are not to apply, or are not to apply in specified circumstances, or

vary the number of workers for the time being specified in sub-paragraphs (1)(a) and (3)(e).

a relevant application was made, or an earlier notice under paragraph 99(2) was given, within the period of 3 years prior to the date when the notice in question was given,

the relevant application, or that earlier notice, and the notice in question relate to the same bargaining unit, and

the Court accepted the relevant application or (as the case may be) decided under paragraph 100 that the earlier notice under paragraph 99(2) complied with paragraph 99(3).

by the employer under paragraph 106, 107 or 128, or

by a worker (or workers) under paragraph 112.

the Court must give the parties notice of its decision, and

the employer's notice shall be treated as not having been given.

the Court gives notice under sub-paragraph (3), and

the union does not (or unions do not) apply to the Court under paragraph 101.

the period of 10 working days starting with the day after that on which the Court receives the copy of the notice, or

such longer period (so starting) as the Court may specify to the parties by notice containing reasons for the extension.

the Court gives notice under paragraph 100(3), and

within the period of 10 working days starting with the day after that on which the notice is given, the union makes (or unions make) an application to the Court for a decision whether the period of 13 weeks specified under paragraph 99(3)(b) ends on or after the relevant date and whether the statement made under paragraph 99(3)(e) is correct.

it is made in such form as the Court specifies, and

it is supported by such documents as the Court specifies.

notice of the application, and

a copy of the application and any documents supporting it.

the Court must give notice of its decision to the parties,

the Court must not accept the application,

no further steps are to be taken under this Part, and

the bargaining arrangements shall cease to have effect on the date specified under paragraph 99(3)(f).

accept the application, and

give notice of the acceptance to the parties.

the period of 10 working days starting with the day after that on which the Court receives the application, or

such longer period (so starting) as the Court may specify to the parties by notice containing reasons for the extension.

must give the employer and the union (or unions) an opportunity to put their views on the questions whether the period of 13 weeks specified under paragraph 99(3)(b) ends on or after the relevant date and whether the statement made under paragraph 99(3)(e) is correct;

must decide the questions within the decision period and must give reasons for the decision.

paragraphs 109(1), 113(1) and 130(1);

paragraph 99A(1) in its application to a later notice given for the purposes of paragraph 99(2).

the period of 10 working days starting with the day after that on which the Court gives notice of acceptance of the application, or

such longer period (so starting) as the Court may specify to the parties by notice containing reasons for the extension.

the date specified under paragraph 99(3)(f), and

the day after the last day of the decision period.

is in writing,

is received by the union (or each of the unions),

identifies the bargaining arrangements, and

states that it is made under this Schedule.

the union informs the employer that the union does not accept the request but is willing to negotiate, or

the unions inform the employer that the unions do not accept the request but are willing to negotiate.

the day on which the union receives the request, or

the last day on which any of the unions receives the request.

the period of 20 working days starting with the day after that on which the first period ends, or

such longer period (so starting) as the parties may from time to time agree.

before the end of the first period the union fails (or unions fail) to respond to the request, or

before the end of the first period the union informs the employer that it does not (or unions inform the employer that they do not) accept the request (without indicating a willingness to negotiate).

the union informs (or unions inform) the employer under paragraph 105(2), and

no agreement is made before the end of the second period.

the employer rejects the proposal, or

the employer fails to accept the proposal within the period of 10 working days starting with the day after that on which the union makes (or unions make) the proposal.

it is made in such form as the Court specifies, and

it is supported by such documents as the Court specifies.

notice of the application, and

a copy of the application and any documents supporting it.

a relevant application was madeF44, or a notice under paragraph 99(2) was given, within the period of 3 years prior to the date of the application under paragraph 106 or 107,

the relevant applicationF44, or notice under paragraph 99(2), and the application under paragraph 106 or 107 relate to the same bargaining unit, and

the Court accepted the relevant applicationF44 or (as the case may be) decided under paragraph 100 that the notice complied with paragraph 99(3).

by the employer under paragraph 106, 107 or 128, or

by a worker (or workers) under paragraph 112.

at least 10 per cent of the workers constituting the bargaining unit favour an end of the bargaining arrangements, and

a majority of the workers constituting the bargaining unit would be likely to favour an end of the bargaining arrangements.

the request is valid within the terms of paragraph 104, and