SCHEDULES

F2SCHEDULE 1ACOLLECTIVE BARGAINING: RECOGNITION

Annotations:
Amendments (Textual)

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).