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 V Derecognition where recognition automatic
Employer’s request to end arrangements
127
1
The employer may after the relevant date request the union (or each of the unions) to agree to end the bargaining arrangements.
2
The request is not valid unless it—
a
is in writing,
b
is received by the union (or each of the unions),
c
identifies the bargaining arrangements,
d
states that it is made under this Schedule, and
e
states that fewer than half of the workers constituting the bargaining unit are members of the union (or unions).
128
1
If before the end of the negotiation period the parties agree to end the bargaining arrangements no further steps are to be taken under this Part of this Schedule.
2
If no such agreement is made before the end of the negotiation period, the employer may apply to the CAC for the holding of a secret ballot to decide whether the bargaining arrangements should be ended.
3
The negotiation period is the period of 10 working days starting with the day after—
a
the day on which the union receives the request, or
b
the last day on which any of the unions receives the request;
or such longer period (so starting) as the parties may from time to time agree.
129
1
An application under paragraph 128 is not admissible unless—
a
it is made in such form as the CAC specifies, and
b
it is supported by such documents as the CAC specifies.
2
An application under paragraph 128 is not admissible unless the employer gives to the union (or each of the unions)—
a
notice of the application, and
b
a copy of the application and any documents supporting it.
130
1
An application under paragraph 128 is not admissible if—
a
a relevant application was made within the period of 3 years prior to the date of the application under paragraph 128,
b
the relevant application and the application under paragraph 128 relate to the same bargaining unit, and
c
the CAC accepted the relevant application.
2
A relevant application is an application made to the CAC—
a
by the union (or the unions) under paragraph 101,
b
by the employer under paragraph 106, 107 or 128, or
c
by a worker (or workers) under paragraph 112.
131
1
An application under paragraph 128 is not admissible unless the CAC is satisfied that fewer than half of the workers constituting the bargaining unit are members of the union (or unions).
2
The CAC must give reasons for the decision.
132
1
The CAC must give notice to the parties of receipt of an application under paragraph 128.
2
Within the acceptance period the CAC must decide whether—
a
the request is valid within the terms of paragraph 127, and
b
the application is admissible within the terms of paragraphs 129 to 131.
3
In deciding those questions the CAC must consider any evidence which it has been given by the parties.
4
If the CAC decides that the request is not valid or the application is not admissible—
a
the CAC must give notice of its decision to the parties,
b
the CAC must not accept the application, and
c
no further steps are to be taken under this Part of this Schedule.
5
If the CAC decides that the request is valid and the application is admissible it must—
a
accept the application, and
b
give notice of the acceptance to the parties.
6
The acceptance period is—
a
the period of 10 working days starting with the day after that on which the CAC receives the application, or
b
such longer period (so starting) as the CAC may specify to the parties by notice containing reasons for the extension.
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)