Negotiations failE+W+S
12(1)Sub-paragraph (2) applies if—E+W+S
(a)the employer informs the union (or unions) under paragraph 10(2), and
(b)no agreement is made before the end of the second period.
(2)The union (or unions) may apply to the CAC to decide both these questions—
[F1(a)whether the proposed bargaining unit is appropriate;]
(b)whether the union has (or unions have) the support of a majority of the workers constituting the appropriate bargaining unit.
(3)Sub-paragraph (4) applies if—
(a)the employer informs the union (or unions) under paragraph 10(2), and
(b)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.
(4)The union (or unions) may apply to the CAC to decide the question whether the union has (or unions have) the support of a majority of the workers constituting the bargaining unit.
(5)But no application may be made under this paragraph if within the period of 10 working days starting with the day after that on which the employer informs the union (or unions) under paragraph 10(2) the employer proposes that ACAS be requested to assist in conducting the negotiations and—
(a)the union rejects (or unions reject) the proposal, or
(b)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.
Textual Amendments
F1Sch. A1 para. 12(2)(a) substituted (6.4.2005) by Employment Relations Act 2004 (c. 24), ss. 1(2), 59(2)-(4); S.I. 2005/872, art. 4, Sch. (with arts. 6-21)