The Trade Union and Labour Relations (Northern Ireland) Order 1995

19B.—(1) This paragraph applies if the Court has to decide whether a bargaining unit is appropriate for the purposes of paragraph 19(2) or (3) or 19A(2) or (3).N.I.

(2) The Court must take these matters into account—

(a)the need for the unit to be compatible with effective management;

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

(3) The matters are—

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

(b)existing national and local bargaining arrangements;

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

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

(e)the location of workers.

(4) In taking an employer's views into account for the purpose of deciding whether the proposed bargaining unit is appropriate, the Court must take into account any view the employer has about any other bargaining unit that he considers would be appropriate.

(5) The Court must give notice of its decision to the parties.