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Paragraph 19B F1

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

This paragraph applies if the CAC has to decide whether a bargaining unit is appropriate for the purposes of paragraph 19(2) or (3) or 19A(2) or (3).

(2)

The CAC must take these matters into account—

(a)

the need for the unit to be compatible with effective management;

(b)

the matters listed in sub-paragraph (3), so far as they do not conflict with that need.

(3)

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 bargaining unit under consideration and of any other employees of the employer whom the CAC considers relevant;

(e)

the location of workers.

(4)

In taking an employer’s views into account for the purpose of deciding whether the proposed bargaining unit is appropriate, the CAC must take into account any view the employer has about any other bargaining unit that he considers would be appropriate.

(5)

The CAC must give notice of its decision to the parties.

Annotations

Textual amendments

F1

Sch. A1 paras. 19-19B substituted (6.4.2005) for Sch. A1 para. 19 by Employment Relations Act 2004 (c. 24), ss. 4, 59(2)-(4); S.I. 2005/872, art. 4, Sch. (with arts. 6-21)

Notes on Schedule A1

Textual amendments

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

C1

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

C2

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)