Paragraph 40

(1)

This paragraph applies if the Court issues a declaration under paragraphF1 27D(4) or 29(4) that a union is (or unions are) not entitled to be recognised as entitled to conduct collective bargaining on behalf of a bargaining unit; and this is so whether the ballot concerned is arranged under this Part or Part III.

(2)

An application under paragraph 11 or 12 is not admissible if—

(a)

the application is made within the period of 3 years starting with the day after that on which the declaration was issued,

(b)

the relevant bargaining unit is the same or substantially the same as the bargaining unit mentioned in sub-paragraph (1), and

(c)

the application is made by the union (or unions) which made the application leading to the declaration.

(3)

The relevant bargaining unit is—

(a)

the proposed bargaining unit, where the application is under paragraph 11(2) or 12(2);

(b)

the agreed bargaining unit, where the application is under paragraph 12(4).

Annotations

Textual amendments

F1: 2004 NI 19

Notes on the whole Order

Textual amendments

F1: functions transf. by SR 1999/481

Notes on Schedule 1A

Textual amendments

F1: 1999 NI 9