Member

215A: Schedule 6, page 218, line 17, at end insert— “3A After paragraph 13 insert—13A “(1) This paragraph applies if—(a) the CAC has received an application under paragraph 11 or 12, and(b) it has given notice to the employer under paragraph 13 of receipt of the application.(2) The employer must comply with the following duties (so far as it is reasonable to expect the employer to do so).(3) The duties are—(a) to give to the CAC, within the relevant period, the specified information in relation to each of the relevant workers; (b) if the relevant workers change as a result of an appropriate bargaining unit being agreed by the parties or decided by the CAC, to give to the CAC, within the relevant period, the specified information in relation to each of those who are now the relevant workers;(c) to take reasonable steps to ensure that the information given to the CAC under paragraph (a) or (b) does not include any information relating to an individual who is not a relevant worker;(d) to inform the CAC, as soon as reasonably practicable, of any worker in relation to whom information has been given to the CAC under paragraph (a) or (b) and who ceases to be a relevant worker (otherwise than by reason of a change mentioned in paragraph (b)).(4) The relevant period is—(a) in the case of the duty in sub-paragraph (3)(a)—(i) the period of 5 working days starting with the day after that on which notice was given to the employer of receipt of the application, or(ii) such longer period (so starting) as the CAC may specify to the parties by notice containing reasons for the extension;(b) in the case of the duty in sub-paragraph (3)(b)—(i) the period of 5 working days starting with the day after that on which the bargaining unit is agreed or the CAC’s decision is notified to the employer, or(ii) such longer period (so starting) as the CAC may specify to the parties by notice containing reasons for the extension.(5) The specified information, in relation to a relevant worker, is—(a) the worker’s name;(b) the worker’s date of birth;(c) the category of worker to which the relevant worker belongs.(6) In the case of an application under paragraph 11(2) or 12(2), the relevant workers are—(a) in relation to any time before an appropriate bargaining unit is agreed by the parties or decided by the CAC, those falling within the proposed bargaining unit, and(b) in relation to any time after an appropriate bargaining unit is so agreed or decided, those falling within the bargaining unit agreed or decided upon,but excluding any worker who joined the bargaining unit after the application day.(7) In the case of an application under paragraph 12(4), the relevant workers are those falling within the bargaining unit agreed by the parties, excluding any worker who joined the bargaining unit after the application day.13B (1) Sub-paragraph (2) applies if—(a) the CAC is satisfied that the employer has failed to fulfil a duty mentioned in paragraph 13A(3), and(b) the application under paragraph 11 or 12 is in progress.(2) The CAC may order the employer—(a) to take such steps to remedy the failure as the CAC considers reasonable and specifies in the order, and(b) to do so within such period as the CAC considers reasonable and specifies in the order;and in this paragraph a “remedial order” means an order under this sub-paragraph.(3) If— (a) the CAC is satisfied that the employer has failed to comply with a remedial order, and(b) the application under paragraph 11 or 12 is in progress,the CAC must, as soon as reasonably practicable, notify the employer and the union (or unions) that it is satisfied that the employer has failed to comply.(4) A remedial order and a notice under sub-paragraph (3) must draw the recipient’s attention to the effect of sub-paragraphs (5) and (6).(5) Sub-paragraph (6) applies if—(a) the CAC is satisfied that the employer has failed to comply with a remedial order,(b) the application under paragraph 11 or 12 is in progress,(c) the parties have agreed an appropriate bargaining unit or the CAC has decided an appropriate bargaining unit, and(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.(6) The CAC may 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.(7) For the purposes of this paragraph, an application under paragraph 11 or 12 is in progress if none of the following has occurred—(a) the withdrawal of the application;(b) the CAC giving notice of a decision under paragraph 14(7) which precludes it from accepting the application;(c) the CAC giving notice under paragraph 15(4)(a) in relation to the application;(d) the CAC giving notice to the union (or unions) of a decision under paragraph 20 that the application is invalid;(e) the CAC giving notice to 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;(f) the holding of any ballot arising from the application.””Member’s explanatory statement This amendment requires an employer to provide certain information about the workers in a bargaining unit within 5 working days after the employer is notified of an application for recognition of a trade union. The duty does not include workers who joined the unit after the application was received by the CAC, as they cannot vote in any potential ballot arising from the application.