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 III Changes affecting bargaining unit
Position where CAC decides new unit
86
1
This paragraph applies if the CAC decides under paragraph 85(1) that the support of the union (or unions) within the new unit needs to be assessed.
2
The CAC must decide these questions—
a
whether members of the union (or unions) constitute at least 10 per cent of the workers constituting the new unit;
b
whether a majority of the workers constituting the new unit would be likely to favour recognition of the union (or unions) as entitled to conduct collective bargaining on behalf of the new unit.
3
If the CAC decides one or both of the questions in the negative—
a
the CAC must issue a declaration that the bargaining arrangements, so far as relating to workers falling within the new unit, are to cease to have effect on a date specified by the CAC in the declaration, and
b
the bargaining arrangements shall cease to have effect accordingly.
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)