SCHEDULES
F2SCHEDULE 1ACOLLECTIVE BARGAINING: RECOGNITION
PART IIVOLUNTARY RECOGNITION
Application to Court to specify method
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).
1999 NI 9