SCHEDULES

F1C1C2SCHEDULE A1 Collective Bargaining: Recognition

Annotations:
Amendments (Textual)
F1

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)

Modifications etc. (not altering text)
C1

Sch. A1 (paras. 1-173) applied (14.8.2000) by S.I. 2000/1282, art. 2(5)(a)

Part III Changes affecting bargaining unit

Employer believes unit has ceased to exist

79

1

This paragraph applies if—

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.