SCHEDULES
F1C1C2SCHEDULE A1 Collective Bargaining: Recognition
Sch. A1 (paras. 1-173) applied (14.8.2000) by S.I. 2000/1282, art. 2(5)(a)
Sch. A1 modified (temp. from 6.4.2005) by The Employment Relations Act 2004 (Commencement No.3 and Transitional Provisions) Order 2005 (S.I. 2005/872), arts. 4, 21, Sch. (with arts. 6-21)
Part I Recognition
Union recognition
22
1
This paragraph applies if—
a
the CAC proceeds with an application in accordance with paragraph 20 or 21 F2(and makes no declaration under paragraph 19F(5)), and
b
the CAC is satisfied that a majority of the workers constituting the bargaining unit are members of the union (or unions).
2
The CAC must issue a declaration that the union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of the workers constituting the bargaining unit.
3
But if any of the three qualifying conditions is fulfilled, instead of issuing a declaration under sub-paragraph (2) the CAC must give notice to the parties that it intends to arrange for the holding of a secret ballot in which the workers constituting the bargaining unit are asked whether they want the union (or unions) to conduct collective bargaining on their behalf.
4
These are the three qualifying conditions—
a
the CAC is satisfied that a ballot should be held in the interests of good industrial relations;
F3b
the CAC has evidence, which it considers to be credible, from a significant number of the union members within the bargaining unit that they do not want the union (or unions) to conduct collective bargaining on their behalf;
c
membership evidence is produced which leads the CAC to conclude that there are doubts whether a significant number of the union members within the bargaining unit want the union (or unions) to conduct collective bargaining on their behalf.
5
For the purposes of sub-paragraph (4)(c) membership evidence is—
a
evidence about the circumstances in which union members became members;
b
evidence about the length of time for which union members have been members, in a case where the CAC is satisfied that such evidence should be taken into account.
Sch. A1 (paras. 1-173) inserted (6.6.2000) by 1999 c. 26, s. 1(3), Sch. 1; S.I. 2000/1338, art. 2(d)