Part IIIE+W+S Changes affecting bargaining unit

Employer believes unit has ceased to existE+W+S

79(1)This paragraph applies if—E+W+S

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

(b)the parties do not inform the CAC 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 CAC—

(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 CAC 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 CAC considers relevant;

(e)the location of workers.

(5)If the CAC 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 CAC may specify to the parties by notice containing reasons for the extension.

SCHEDULES

F1SCHEDULE A1E+W+S Collective Bargaining: Recognition

Part IIIE+W+S Changes affecting bargaining unit

Employer believes unit has ceased to existE+W+S