Explanatory Memorandum

Employment Relations (Northern Ireland) Order 2004

2004 No. 3078

Commentary on Articles

Schedule 1 .Amendment of Schedule 1a to the 1995 Order

Circumstances in which the IC must arrange a ballot

Paragraph 6 provides greater discretion to the IC when deciding whether a significant number of union members do not want the union to bargain on their behalf by empowering the IC to assess the credibility of the evidence it receives. It also provides the same discretion when the IC is deciding whether to arrange a ballot in respect of a new bargaining unit which has been agreed or determined under Part III of the Schedule, and more than 50% of the workers in that new bargaining unit are members of the union.