Paragraph 10 Unfair practicesI1I2I3

After paragraph 19L (inserted by paragraph 9 of this Schedule) insert—

“Unfair practices

19M

(1)

Each of the parties informed by the CAC under paragraph 15(5) that an application under paragraph 11 or 12 is accepted must refrain from using any unfair practice in relation to the application.

(2)

A party uses an unfair practice if, with a view to influencing the outcome of the application, the party does any of the following—

(a)

dismisses, or threatens to dismiss, a worker;

(b)

takes, or threatens to take, disciplinary action against a worker;

(c)

subjects, or threatens to subject, a worker to any other detriment;

(d)

offers to pay money, or give money’s worth, to a relevant worker in return for the worker’s agreement to vote in a particular way, or to abstain from voting, in a relevant ballot;

(e)

makes an outcome-specific offer to a relevant worker;

(f)

coerces, or attempts to coerce, a relevant worker to disclose—

(i)

whether the worker intends to vote, or to abstain from voting, in any relevant ballot, or

(ii)

how the worker intends to vote, or has voted, in any relevant ballot;

(g)

uses, or attempts to use, undue influence on a relevant worker.

(3)

In sub-paragraph (2)—

(a)

“relevant ballot” means any ballot that is or may be held in which workers are asked whether they want the union (or unions) to conduct collective bargaining on their behalf, and

(b)

“relevant worker” means any worker who is or would be entitled to vote in a relevant ballot.

(4)

For the purposes of sub-paragraph (2)(e) an “outcome-specific offer” is an offer to pay money, or give money’s worth, which—

(a)

is conditional on the issuing by the CAC of a declaration that—

(i)

the union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of a bargaining unit, or

(ii)

the union is (or unions are) not entitled to be so recognised, and

(b)

is not conditional on anything which is done or occurs as a result of the declaration in question.

(5)

The duty imposed by this paragraph does not confer any rights on a worker; but that does not affect any other right which a worker may have.

(6)

Each of the following powers is to be taken to include power to issue Codes of Practice about unfair practices for the purposes of this paragraph—

(a)

the power of ACAS under section 199(1);

(b)

the power of the Secretary of State under section 203(1)(a).

19N

(1)

A party may complain to the CAC that another party has failed to comply with paragraph 19M.

(2)

A complaint under sub-paragraph (1) may not be made after—

(a)

the application under paragraph 11 or 12 is withdrawn;

(b)

the CAC gives notice to the union (or unions) of a decision under paragraph 20 that the application is invalid;

(c)

the CAC notifies the union (or unions) of a declaration issued under paragraph 13B(6), 19F(5), 19K(4) or (5), 19P(4) or (5), 22(2) or 27(2) in relation to the application;

(d)

if the CAC informs the union (or unions) under paragraph 25(9) of a ballot in relation to the application, the fifth working day after—

(i)

the date of the ballot, or

(ii)

if votes may be cast in the ballot on more than one day, the last of those days.

(3)

Within the decision period the CAC must decide whether the complaint is well-founded.

(4)

A complaint is well-founded if the CAC finds that the party complained against used an unfair practice.

(5)

The decision period is—

(a)

the period of 10 working days starting with the day after the day on which the complaint under sub-paragraph (1) was received by the CAC, or

(b)

such longer period (so starting) as the CAC may specify to the parties by a notice containing reasons for the extension.

19O

(1)

This paragraph applies if the CAC decides that a complaint under paragraph 19N is well-founded.

(2)

The CAC must, as soon as is reasonably practicable, issue a declaration to that effect.

(3)

The CAC may order the party concerned to take any action specified in the order within such period as may be so specified.

(4)

Sub-paragraph (5) applies if—

(a)

the parties have agreed an appropriate bargaining unit or the CAC has decided an appropriate bargaining unit, and

(b)

the CAC has at any time informed the union (or unions) under paragraph 25(9) of a ballot in relation to the application (including a ballot that was cancelled or is ineffective).

(5)

The CAC may give notice to the employer and to the union (or unions) that it intends to arrange for the holding of a secret ballot in which the workers constituting the bargaining unit, other than those who joined the bargaining unit after the application day, are asked whether they want the union (or unions) to conduct collective bargaining on their behalf.

(6)

The CAC may make an order under sub-paragraph (3), or give a notice under sub-paragraph (5), either at the same time as it issues the declaration under sub-paragraph (2) or at any other time before any of the following occurs—

(a)

the withdrawal of the application under paragraph 11 or 12;

(b)

the CAC giving notice to the union (or unions) of a decision under paragraph 20 that the application is invalid;

(c)

the CAC notifying the union (or unions) of a declaration issued under paragraph 13B(6), 19F(5), 19K(4) or (5), 19P(4) or (5), 22(2) or 27(2) in relation to the application;

(d)

if the CAC informs the union (or unions) under paragraph 25(9) of a ballot in relation to the application, the CAC acting under paragraph 29 in relation to the ballot.

(7)

The action specified in an order under sub-paragraph (3) must be such as the CAC considers reasonable in order to mitigate the effect of the failure of the party concerned to comply with the duty imposed by paragraph 19M.

(8)

The CAC may make more than one order under sub-paragraph (3).

19P

(1)

Sub-paragraphs (4) to (6) apply if—

(a)

the CAC issues a declaration under paragraph 19O(2) that a complaint that a party has failed to comply with paragraph 19M is well-founded,

(b)

the application under paragraph 11 or 12 has not been withdrawn,

(c)

the parties have agreed an appropriate bargaining unit or the CAC has decided an appropriate bargaining unit,

(d)

in the case of an application under paragraph 11(2) or 12(2), the CAC, if required to do so, has decided under paragraph 20 that the application is not invalid,

(e)

the CAC has not notified the union (or unions) of a declaration issued under paragraph 13B(6), 19F(5), 19K(4) or (5), 19P(4) or (5), 22(2) or 27(2) in relation to the application, and

(f)

sub-paragraph (2) or (3) applies.

(2)

This sub-paragraph applies if the declaration states that the unfair practice used consisted of or included—

(a)

the use of violence, or

(b)

the dismissal of a union official.

(3)

This sub-paragraph applies if the CAC has made an order under paragraph 19O(3) and—

(a)

it is satisfied that the party subject to the order has failed to comply with it, or

(b)

it makes another declaration under paragraph 19O(2) in relation to a complaint against that party.

(4)

If the party that has failed to comply is the employer, the CAC may issue a declaration that the union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of the bargaining unit.

(5)

If the party that has failed to comply is a union, the CAC may issue a declaration that the union is (or unions are) not entitled to be so recognised.

(6)

The powers conferred by this paragraph are in addition to those conferred by paragraph 19O.”