11(1)This paragraph applies if—E+W+S
(a)before the end of the first period the employer fails to respond to the request, or
(b)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).
(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.
Textual Amendments
F1Sch. A1 para. 11(2)(a) substituted (6.4.2005) by Employment Relations Act 2004 (c. 24), ss. 1(1), 59(2)-(4); S.I. 2005/872, art. 4, Sch. (with arts. 6-21)