SCHEDULES

F2SCHEDULE 1ACOLLECTIVE BARGAINING: RECOGNITION

Annotations:
Amendments (Textual)

PART IIVOLUNTARY RECOGNITION

Application to Court to specify method

58

1

This paragraph applies if the parties make an agreement for recognition.

2

The parties may in the negotiation period conduct negotiations with a view to agreeing a method by which they will conduct collective bargaining.

3

If no agreement is made in the negotiation period the employer or the union (or unions) may apply to the Court for assistance.

4

The negotiation period is—

a

the period of 30 working days starting with the start day, or

b

such longer period (so starting) as the parties may from time to time agree.

5

The start day is the day after that on which the agreement is made.

59

1

This paragraph applies if—

a

the parties to an agreement for recognition agree a method by which they will conduct collective bargaining, and

b

one or more of the parties fails to carry out the agreement as to a method.

2

The employer or the union (or unions) may apply to the Court for assistance.

60

1

This paragraph applies if an application for assistance is made to the Court under paragraph 58 or 59.

2

The application is not admissible unless the conditions in sub-paragraphs (3) and (4) are satisfied.

3

The condition is that the employer, taken with any associated employer or employers, must—

a

employ at least 21 workers on the day the application is made, or

b

employ an average of at least 21 workers in the 13 weeks ending with that day.

4

The condition is that the union (or every union) has a certificateF1 of independence.

5

To find the average under sub-paragraph (3)(b)—

a

take the number of workers employed in each of the 13 weeks (including workers not employed for the whole of the week);

b

aggregate the 13 numbers;

c

divide the aggregate by 13.

6

For the purposes of sub-paragraph (3)(a) any worker employed by an associated company incorporated outside Northern Ireland must be ignored unless the day the application was made fell within a period during which he ordinarily worked in Northern Ireland.

7

For the purposes of sub-paragraph (3)(b) any worker employed by an associated company incorporated outside Northern Ireland must be ignored in relation to a week unless the whole or any part of that week fell within a period during which he ordinarily worked in Northern Ireland.

8

For the purposes of sub-paragraphs (6) and (7) a worker who is employed on board a ship registered in the register maintained under section 8 of the Merchant Shipping Act 1995 shall be treated as ordinarily working in Northern Ireland unless—

a

the ship's entry in the register specifies a port outside Northern Ireland as the port to which the vessel is to be treated as belonging,

b

the employment is wholly outside Northern Ireland, or

c

the worker is not ordinarily resident in Northern Ireland.

9

An order made under paragraph 7(6) may also—

a

provide that sub-paragraphs (2), (3) and (5) to (8) of this paragraph are not to apply, or are not to apply in specified circumstances, or

b

vary the number of workers for the time being specified in sub-paragraph (3).

61

1

An application to the Court is not admissible unless—

a

it is made in such form as the Court specifies, and

b

it is supported by such documents as the Court specifies.

2

An application which is made by a union (or unions) to the Court is not admissible unless the union gives (or unions give) to the employer—

a

notice of the application, and

b

a copy of the application and any documents supporting it.

3

An application which is made by an employer to the Court is not admissible unless the employer gives 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.