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Trade Union and Labour Relations (Consolidation) Act 1992, Paragraph 19B is up to date with all changes known to be in force on or before 10 December 2024. 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.
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[F119B(1)This paragraph applies if the CAC has to decide whether a bargaining unit is appropriate for the purposes of paragraph 19(2) or (3) or 19A(2) or (3).E+W+S
(2)The CAC must take these matters into account—
(a)the need for the unit to be compatible with effective management;
(b)the matters listed in sub-paragraph (3), so far as they do not conflict with that need.
(3)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 bargaining unit under consideration and of any other employees of the employer whom the CAC considers relevant;
(e)the location of workers.
(4)In taking an employer’s views into account for the purpose of deciding whether the proposed bargaining unit is appropriate, the CAC must take into account any view the employer has about any other bargaining unit that he considers would be appropriate.
(5)The CAC must give notice of its decision to the parties.]
Textual Amendments
F1Sch. A1 paras. 19-19B substituted (6.4.2005) for Sch. A1 para. 19 by Employment Relations Act 2004 (c. 24), ss. 4, 59(2)-(4); S.I. 2005/872, art. 4, Sch. (with arts. 6-21)
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