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

79.—(1) This paragraph applies if—N.I.

(a)the Court gives notice under paragraph 77(4), and

(b)the parties do not inform the Court before the end of the first period that they have agreed a bargaining unit or units differing from the original unit.

(2) During the second period the Court—

(a)must decide what other bargaining unit is or units are appropriate;

(b)must give notice of its decision to the parties.

(3) In deciding what other bargaining unit is or units are appropriate, the Court must take these matters into account—

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

(b)the matters listed in sub-paragraph (4), so far as they do not conflict with that need.

(4) 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 original unit and of any other employees of the employer whom the Court considers relevant;

(e)the location of workers.

(5) If the Court decides that two or more bargaining units are appropriate its decision must be such that no worker falls within more than one of them.

(6) The second period is—

(a)the period of 10 working days starting with the day after that on which the first period ends, or

(b)such longer period (so starting) as the Court may specify to the parties by notice containing reasons for the extension.