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

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Changes over time for: Cross Heading: Employer believes unit has ceased to exist

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The Trade Union and Labour Relations (Northern Ireland) Order 1995, Cross Heading: Employer believes unit has ceased to exist is up to date with all changes known to be in force on or before 20 August 2019. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Employer believes unit has ceased to existF1N.I.

F1functions transf. by SR 1999/481

Non-textual amendments applied to the whole Legislation can be found in the Introduction

74.—(1) If the employer—N.I.

(a)believes that the original unit has ceased to exist, and

(b)wishes the bargaining arrangements to cease to have effect,

he must give the union (or each of the unions) a notice complying with sub-paragraph (2) and must give a copy of the notice to the Court.

(2) A notice complies with this sub-paragraph if it—

(a)identifies the unit and the bargaining arrangements,

(b)states the date on which the notice is given,

(c)states that the unit has ceased to exist, and

(d)states that the bargaining arrangements are to cease to have effect on a date which is specified in the notice and which falls after the end of the period of 35 working days starting with the day after that on which the notice is given.

(3) Within the validation period the Court must decide whether the notice complies with sub-paragraph (2).

(4) If the Court decides that the notice does not comply with sub-paragraph (2)—

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

(b)the employer's notice shall be treated as not having been given.

(5) If the Court decides that the notice complies with sub-paragraph (2) it must give the parties notice of the decision.

(6) The bargaining arrangements shall cease to have effect on the date specified under sub-paragraph (2)(d) if—

(a)the Court gives notice under sub-paragraph (5), and

(b)the union does not (or unions do not) apply to the Court under paragraph 75.

(7) The validation period is—

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

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

75.—(1) Paragraph 76 applies if—N.I.

(a)the Court gives notice under paragraph 74(5), and

(b)within the period of 10 working days starting with the day after that on which the notice is given the union makes (or unions make) an application to the Court for a decision on the questions specified in sub-paragraph (2).

(2) The questions are—

(a)whether the original unit has ceased to exist;

(b)whether the original unit is no longer appropriate by reason of any of the matters specified in sub-paragraph (3).

(3) 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.

76.—(1) The Court must give notice to the parties of receipt of an application under paragraph 75.N.I.

(2) Within the acceptance period the Court must decide whether the application is admissible within the terms of paragraph 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.

77.—(1) If the Court accepts an application it—N.I.

(a)must give the employer and the union (or unions) an opportunity to put their views on the questions in relation to which the application was made;

(b)must decide the questions before the end of the decision period.

(2) If the Court decides that the original unit has ceased to exist—

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

(b)the bargaining arrangements shall cease to have effect on the termination date.

(3) If the Court decides that the original unit has not ceased to exist, and that it is not the case that the original unit is no longer appropriate by reason of any of the matters specified in paragraph 75(3)—

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

(b)the employer's notice shall be treated as not having been given.

(4) If the Court decides that the original unit has not ceased to exist, and that the original unit is no longer appropriate by reason of any of the matters specified in paragraph 75(3), the Court must give the parties notice of its decision.

(5) The decision 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 Court may specify to the parties by notice containing reasons for the extension.

(6) The termination date is the later of—

(a)the date specified under paragraph 74(2)(d), and

(b)the day after the last day of the decision period.

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

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

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.

80.  Paragraph 82 applies if the Court gives notice under paragraph 79 of a decision as to the bargaining unit which is (or units which are) appropriate.N.I.

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

(a)the parties agree under paragraph 78 a bargaining unit or units differing from the original unit,

(b)paragraph 78(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.

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