OpenLegislation

Paragraph 22

England, Wales and Scotland

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

(1)

This paragraph applies if—

(a)

the CAC proceeds with an application in accordance with paragraph 20 or 21 F1(and makes no declaration under paragraph 19F(5)), and

(b)

the CAC is satisfied that a majority of the workers constituting the bargaining unit are members of the union (or unions).

(2)

The CAC must issue a declaration that the union is (or unions are) recognised as entitled to conduct collective bargaining on behalf of the workers constituting the bargaining unit.

(3)

But if any of the three qualifying conditions is fulfilled, instead of issuing a declaration under sub-paragraph (2) the CAC must give notice to the parties that it intends to arrange for the holding of a secret ballot in which the workers constituting the bargaining unit are asked whether they want the union (or unions) to conduct collective bargaining on their behalf.

(4)

These are the three qualifying conditions—

(a)

the CAC is satisfied that a ballot should be held in the interests of good industrial relations;

F2(b)

the CAC has evidence, which it considers to be credible, from a significant number of the union members within the bargaining unit that they do not want the union (or unions) to conduct collective bargaining on their behalf;

(c)

membership evidence is produced which leads the CAC to conclude that there are doubts whether a significant number of the union members within the bargaining unit want the union (or unions) to conduct collective bargaining on their behalf.

(5)

For the purposes of sub-paragraph (4)(c) membership evidence is—

(a)

evidence about the circumstances in which union members became members;

(b)

evidence about the length of time for which union members have been members, in a case where the CAC is satisfied that such evidence should be taken into account.

Annotations

Textual amendments

F1

Words in Sch. A1 para. 22(1)(a) inserted (6.4.2005) by Employment Relations Act 2004 (c. 24) {ss. 5(2)}, 59(2)-(4); S.I. 2005/872, art. 4, Sch. (with arts. 6-21)

F2

Sch. A1 para. 22(4)(b) substituted (6.4.2005) by Employment Relations Act 2004 (c. 24), ss. 6(1), 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)