SCHEDULES
F1C1C2SCHEDULE A1 Collective Bargaining: Recognition
Sch. A1 (paras. 1-173) applied (14.8.2000) by S.I. 2000/1282, art. 2(5)(a)
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)
Part I Recognition
General provisions about admissibility
40
1
This paragraph applies if the CAC issues a declaration under paragraph F227D(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 F3arranged under this Part or Part III of this Schedule.
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).
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)