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

Either party believes unit no longer appropriateN.I.

66.—(1) This paragraph applies if the employer believes or the union believes (or unions believe) that the original unit is no longer an appropriate bargaining unit.N.I.

(2) The employer or union (or unions) may apply to the Court to make a decision as to what is an appropriate bargaining unit.

67.—(1) An application under paragraph 66 is not admissible unless the Court decides that it is likely that the original unit is no longer appropriate by reason of any of the matters specified in sub-paragraph (2).N.I.

(2) The matters are—

(a)a change in the organisation or structure of the business carried on by the employer;

(b)a change in the activities pursued by the employer in the course of the business carried on by him;

(c)a substantial change in the number of workers employed in the original unit.

68.—(1) The Court must give notice to the parties of receipt of an application under paragraph 66.N.I.

(2) Within the acceptance period the Court must decide whether the application is admissible within the terms of paragraphs 67 and 92.

(3) In deciding whether the application is admissible the Court must consider any evidence which it has been given by the employer or the union (or unions).

(4) If the Court decides that the application is not admissible—

(a)the Court must give notice of its decision to the parties,

(b)the Court must not accept the application, and

(c)no further steps are to be taken under this Part.

(5) If the Court decides that the application is admissible it must—

(a)accept the application, and

(b)give notice of the acceptance to the parties.

(6) The acceptance period is—

(a)the period of 10 working days starting with the day after that on which the Court receives the application, or

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

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

(a)the Court gives notice of acceptance of the application, and

(b)before the end of the first period the parties agree a bargaining unit or units (the new unit or units) differing from the original unit and inform the Court of their agreement.

(2) If in the Court's opinion the new unit (or any of the new units) contains at least one worker falling within an outside bargaining unit no further steps are to be taken under this Part.

(3) If sub-paragraph (2) does not apply—

(a)the Court must issue a declaration that the union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of the new unit or units;

(b)so far as it affects workers in the new unit (or units) who fall within the original unit, the declaration shall have effect in place of any declaration that the union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of the original unit;

(c)the method of collective bargaining relating to the original unit shall have effect in relation to the new unit or units, with any modifications which the Court considers necessary to take account of the change of bargaining unit and specifies in the declaration.

(4) The first period is—

(a)the period of 10 working days starting with the day after that on which the Court gives notice of acceptance of the application, or

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

(5) An outside bargaining unit is a bargaining unit which fulfils these conditions—

(a)it is not the original unit;

(b)a union is (or unions are) recognised as entitled to conduct collective bargaining on its behalf;

(c)the union (or at least one of the unions) is not a party referred to in paragraph 64.

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

(a)the Court gives notice of acceptance of the application, 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—

(a)the Court must decide whether or not the original unit continues to be an appropriate bargaining unit;

(b)if the Court decides that the original unit does not so continue, it must decide what other bargaining unit is or units are appropriate;

(c)the Court must give notice to the parties of its decision or decisions under paragraphs (a) and (b).

(3) In deciding whether or not the original unit continues to be an appropriate bargaining unit the Court must take into account only these matters—

(a)any change in the organisation or structure of the business carried on by the employer;

(b)any change in the activities pursued by the employer in the course of the business carried on by him;

(c)any substantial change in the number of workers employed in the original unit.

(4) 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 (5), so far as they do not conflict with that need.

(5) 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.

(6) 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.

(7) 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.

71.  If the Court gives notice under paragraph 70 of a decision that the original unit continues to be an appropriate bargaining unit no further steps are to be taken under this Part.N.I.

72.  Paragraph 82 applies if the Court gives notice under paragraph 70 of—N.I.

(a)a decision that the original unit is no longer an appropriate bargaining unit, and

(b)a decision as to the bargaining unit which is (or units which are) appropriate.

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

(a)the parties agree under paragraph 69 a bargaining unit or units differing from the original unit,

(b)paragraph 69(2) does not apply, and

(c)at least one worker falling within the original unit does not fall within the new unit (or any of the new units).

(2) In such a case—

(a)the Court must issue a declaration that the bargaining arrangements, so far as relating to the worker or workers mentioned in sub-paragraph (1)(c), are to cease to have effect on a date specified by the Court in the declaration, and

(b)the bargaining arrangements shall cease to have effect accordingly.