SCHEDULE A1 Collective Bargaining: Recognition
Part VI Derecognition where union not independent
Introduction
134
(1)
This Part of this Schedule applies if—
(a)
an employer and a union (or unions) have agreed that the union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of a group or groups of workers, and
(b)
the union does not have (or none of the unions has) a certificate F1of independence.
(2)
In such a case references in this Part of this Schedule to the bargaining arrangements are to—
(a)
the parties’ agreement mentioned in sub-paragraph (1)(a), and
(b)
any agreement between the parties as to the method by which they will conduct collective bargaining.
134
(1)
This Part of this Schedule applies if—
(a)
an employer and a union (or unions) have agreed that the union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of a group or groups of workers, and
(b)
the union does not have (or none of the unions has) a certificate under section 6 that it is independent.
(2)
In such a case references in this Part of this Schedule to the bargaining arrangements are to—
(a)
the parties’ agreement mentioned in sub-paragraph (1)(a), and
(b)
any agreement between the parties as to the method by which they will conduct collective bargaining.
135
In this Part of this Schedule—
(a)
references to the parties are to the employer and the union (or unions);
(b)
references to the bargaining unit are to the group of workers referred to in paragraph 134(1)(a) (or the groups taken together).
136
The meaning of collective bargaining given by section 178(1) shall not apply in relation to this Part of this Schedule.
Workers’ application to end arrangements
137
(1)
A worker or workers falling within the bargaining unit may apply to the CAC to have the bargaining arrangements ended.
(2)
An application is not admissible unless—
(a)
it is made in such form as the CAC specifies, and
(b)
it is supported by such documents as the CAC specifies.
(3)
An application is not admissible unless the worker gives (or workers give) to the employer and to the union (or each of the unions)—
(a)
notice of the application, and
(b)
a copy of the application and any documents supporting it.
138
An application under paragraph 137 is not admissible if the CAC is satisfied that any of the unions has a certificate F2of independence.
139
(1)
An application under paragraph 137 is not admissible unless the CAC decides that—
(a)
at least 10 per cent of the workers constituting the bargaining unit favour an end of the bargaining arrangements, and
(b)
a majority of the workers constituting the bargaining unit would be likely to favour an end of the bargaining arrangements.
(2)
The CAC must give reasons for the decision.
140
An application under paragraph 137 is not admissible if the CAC is satisfied that—
(a)
the union (or any of the unions) has made an application to the Certification Officer under section 6 for a certificate that it is independent, and
(b)
the Certification Officer has not come to a decision on the application (or each of the applications).
141
(1)
The CAC must give notice to the worker (or workers), the employer and the union (or unions) of receipt of an application under paragraph 137.
(2)
Within the acceptance period the CAC must decide whether the application is admissible within the terms of paragraphs 137 to 140.
(3)
In deciding whether the application is admissible the CAC must consider any evidence which it has been given by the employer, the union (or unions) or any of the workers falling within the bargaining unit.
(4)
If the CAC decides that the application is not admissible—
(a)
the CAC must give notice of its decision to the worker (or workers), the employer and the union (or unions),
(b)
the CAC must not accept the application, and
(c)
no further steps are to be taken under this Part of this Schedule.
(5)
If the CAC decides that the application is admissible it must—
(a)
accept the application, and
(b)
give notice of the acceptance to the worker (or workers), the employer and the union (or unions).
(6)
The acceptance period is—
(a)
the period of 10 working days starting with the day after that on which the CAC receives the application, or
(b)
such longer period (so starting) as the CAC may specify to the worker (or workers), the employer and the union (or unions) by notice containing reasons for the extension.
142
(1)
If the CAC accepts the application, in the negotiation period the CAC must help the employer, the union (or unions) and the worker (or workers) with a view to—
(a)
the employer and the union (or unions) agreeing to end the bargaining arrangements, or
(b)
the worker (or workers) withdrawing the application.
(2)
The negotiation period is—
(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
(b)
such longer period (so starting) as the CAC may decide with the consent of the worker (or workers), the employer and the union (or unions).
143
(1)
This paragraph applies if—
(a)
the CAC accepts an application under paragraph 137,
(b)
during the period mentioned in paragraph 142(1) or 145(3) the CAC is satisfied that the union (or each of the unions) has made an application to the Certification Officer under section 6 for a certificate that it is independent, that the application (or each of the applications) to the Certification Officer was made before the application under paragraph 137 and that the Certification Officer has not come to a decision on the application (or each of the applications), and
(c)
at the time the CAC is so satisfied there has been no agreement or withdrawal as described in paragraph 142(1) or 145(3).
(2)
In such a case paragraph 142(1) or 145(3) shall cease to apply from the time when the CAC is satisfied as mentioned in sub-paragraph (1)(b).
144
(1)
This paragraph applies if the CAC is subsequently satisfied that—
(a)
the Certification Officer has come to a decision on the application (or each of the applications) mentioned in paragraph 143(1)(b), and
(b)
his decision is that the union (or any of the unions) which made an application under section 6 is independent.
(2)
In such a case—
(a)
the CAC must give the worker (or workers), the employer and the union (or unions) notice that it is so satisfied, and
(b)
the application under paragraph 137 shall be treated as not having been made.
145
(1)
This paragraph applies if the CAC is subsequently satisfied that—
(a)
the Certification Officer has come to a decision on the application (or each of the applications) mentioned in paragraph 143(1)(b), and
(b)
his decision is that the union (or each of the unions) which made an application under section 6 is not independent.
(2)
The CAC must give the worker (or workers), the employer and the union (or unions) notice that it is so satisfied.
(3)
In the new negotiation period the CAC must help the employer, the union (or unions) and the worker (or workers) with a view to—
(a)
the employer and the union (or unions) agreeing to end the bargaining arrangements, or
(b)
the worker (or workers) withdrawing the application.
(4)
The new negotiation period is—
(a)
the period of 20 working days starting with the day after that on which the CAC gives notice under sub-paragraph (2), or
(b)
such longer period (so starting) as the CAC may decide with the consent of the worker (or workers), the employer and the union (or unions).
146
(1)
This paragraph applies if—
(a)
the CAC accepts an application under paragraph 137,
(b)
paragraph 143 does not apply, and
(c)
during the relevant period the CAC is satisfied that a certificate of independence has been issued to the union (or any of the unions) under section 6.
(2)
In such a case the relevant period is the period starting with the first day of the negotiation period (as defined in paragraph 142(2)) and ending with the first of the following to occur—
(a)
any agreement by the employer and the union (or unions) to end the bargaining arrangements;
(b)
any withdrawal of the application by the worker (or workers);
(c)
the CAC being informed of the result of a relevant ballot by the person conducting it;
and a relevant ballot is a ballot held by virtue of this Part of this Schedule.
(3)
This paragraph also applies if—
(a)
the CAC gives notice under paragraph 145(2), and
(b)
during the relevant period the CAC is satisfied that a certificate of independence has been issued to the union (or any of the unions) under section 6.
(4)
In such a case, the relevant period is the period starting with the first day of the new negotiation period (as defined in paragraph 145(4)) and ending with the first of the following to occur—
(a)
any agreement by the employer and the union (or unions) to end the bargaining arrangements;
(b)
any withdrawal of the application by the worker (or workers);
(c)
the CAC being informed of the result of a relevant ballot by the person conducting it;
and a relevant ballot is a ballot held by virtue of this Part of this Schedule.
(5)
If this paragraph applies—
(a)
the CAC must give the worker (or workers), the employer and the union (or unions) notice that it is satisfied as mentioned in sub-paragraph (1)(c) or (3)(b), and
(b)
the application under paragraph 137 shall be treated as not having been made.
Ballot on derecognition
147
(1)
Paragraph 117 applies if—
(a)
the CAC accepts an application under paragraph 137, and
(b)
in the period mentioned in paragraph 142(1) or 145(3) there is no agreement or withdrawal as there described,
(as well as in the cases mentioned in paragraph 117(1) and (2)).
(2)
Paragraphs 118 to 121 apply accordingly, but as if—
(a)
the F3references in paragraphs 119H(1) and 119I(1)(a) to paragraph 112 were to paragraph 112 or 137;
(b)
the F4references in paragraphs 119A(3)(a)(ii), 119E(1)(b) and 121(4) to paragraph 106, 107 or 112 were to paragraph 106, 107, 112 or 137.
(c)
the reference in paragraph 119(4) to the CAC refusing an application under paragraph 119(2) included a reference to it being required to give notice under paragraph 146(5).
Derecognition: other cases
148
(1)
This paragraph applies if as a result of a declaration by the CAC another union is (or other unions are) recognised as entitled to conduct collective bargaining on behalf of a group of workers at least one of whom falls within the bargaining unit.
(2)
The CAC must issue a declaration that the bargaining arrangements are to cease to have effect on a date specified by the CAC in the declaration.
(3)
If a declaration is issued under sub-paragraph (2) the bargaining arrangements shall cease to have effect accordingly.
(4)
It is for the CAC to decide whether sub-paragraph (1) is fulfilled, but in deciding the CAC may take account of the views of any person it believes has an interest in the matter.