38.—(1) This paragraph applies if—N.I.
(a)the Court accepts a relevant application relating to a bargaining unit or proceeds under paragraph 20 with an application relating to a bargaining unit,
(b)the application has not been withdrawn,
(c)no notice has been given under paragraph 17(2),
(d)the Court has not issued a declaration under paragraph[F1 19F(5), 22(2), 27(2), 27D(3), 27D(4)], 29(3) or 29(4) in relation to that bargaining unit, and
(e)no notification has been made under paragraph 24(2).
(2) Another relevant application is not admissible if—
(a)at least one worker falling within the relevant bargaining unit also falls within the bargaining unit referred to in sub-paragraph (1), and
(b)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).
(3) A relevant application is an application under paragraph 11 or 12.
(4) The relevant bargaining unit is—
(a)the proposed bargaining unit, where the application is under paragraph 11(2) or 12(2);
(b)the agreed bargaining unit, where the application is under paragraph 12(4).