Doc 2 - Ministerial Statement on the Negotiations on the Transdniestrian Settlement Process in the "5+2" Format
In paragraph 11(2) of Schedule A1 to the 1992 Act (application to CAC where employer fails to respond to or rejects request for recognition), for paragraph (a) substitute—.
In paragraph 12(2) of that Schedule (application to CAC where negotiations with employer fail), for paragraph (a) substitute—.
Paragraph 18 of Schedule A1 to the 1992 Act (appropriate bargaining unit) is amended as follows.
In sub-paragraph (2), after “is” insert “(subject to any notice under sub-paragraph (3), (4) or (5))”.
If, during the appropriate period, the CAC concludes that there is no reasonable prospect of the parties' agreeing an appropriate bargaining unit before the time when (apart from this sub-paragraph) the appropriate period would end, the CAC may, by a notice given to the parties, declare that the appropriate period ends with the date of the notice. If, during the appropriate period, the parties apply to the CAC for a declaration that the appropriate period is to end with a date (specified in the application) which is earlier than the date with which it would otherwise end, the CAC may, by a notice given to the parties, declare that the appropriate period ends with the specified date. If the CAC has declared under sub-paragraph (4) that the appropriate period ends with a specified date, it may before that date by a notice given to the parties specify a later date with which the appropriate period ends. A notice under sub-paragraph (3) must contain reasons for reaching the conclusion mentioned in that sub-paragraph. A notice under sub-paragraph (5) must contain reasons for the extension of the appropriate period.
After paragraph 18 of Schedule A1 to the 1992 Act insert—
For paragraph 19 of Schedule A1 to the 1992 Act substitute—
After paragraph 19B of Schedule A1 to the 1992 Act (which is inserted by section 4) insert—
In each of paragraphs 22(1)(a) and 23(1)(a) of Schedule A1 to the 1992 Act (procedure when CAC proceeds with an application in accordance with paragraph 20 or 21), after “or 21” insert “(and makes no declaration under paragraph 19F(5))”.
In paragraph 26 of that Schedule (duties of employer where ballot on union recognition is to be held), in sub-paragraph (4)(c), for “(a) or (b) but” substitute “19D or paragraph (a) or (b) of this sub-paragraph and”.
Sub-paragraph (4)(a) does not apply to names and addresses that the employer has already given to the CAC under paragraph 19D. Where (because of sub-paragraph (4F)) the employer does not have to comply with sub-paragraph (4)(a), the reference in sub-paragraph (4)(b) to the time when the employer complied with sub-paragraph (4)(a) is to be read as a reference to the time when the employer is informed under paragraph 25(9). If— the CAC must, as soon as is reasonably practicable, pass on to the person appointed to conduct the ballot the names and addresses given to it under paragraph 19D.
In that paragraph, in sub-paragraph (6) for “given under sub-paragraph (5)” substitute “passed on to him under paragraph 19D or this paragraph”.
In paragraph 22(4) of Schedule A1 to the 1992 Act (qualifying conditions requiring the CAC to hold a ballot of workers in bargaining unit), for paragraph (b) substitute—.
In paragraph 87(4) of that Schedule (qualifying conditions requiring the CAC to hold a ballot of workers in new bargaining unit), for paragraph (b) substitute—.
The notification period is, in relation to notification by the union (or unions)— The notification period is, in relation to notification by the union (or unions) and the employer— The CAC may give a notice under sub-paragraph (5)(b) or (6)(b) only if the parties have applied jointly to it for the giving of such a notice.
If the CAC decides that the ballot must (in whole or in part) be conducted at a workplace (or workplaces), it may require arrangements to be made for workers— to be given the opportunity (if they request it far enough in advance of the ballot for this to be practicable) to vote by post; and the CAC’s imposing such a requirement is not to be treated for the purposes of sub-paragraph (6) as a decision that the ballot be conducted as mentioned in sub-paragraph (4)(c).
If the CAC decides that the ballot must (in whole or in part) be conducted at a workplace (or workplaces), it may require arrangements to be made for workers— to be given the opportunity (if they request it far enough in advance of the ballot for this to be practicable) to vote by post; and the CAC’s imposing such a requirement is not to be treated for the purposes of sub-paragraph (8) as a decision that the ballot be conducted as mentioned in sub-paragraph (6)(c).
Paragraph 26 of Schedule A1 to the 1992 Act (duties of employer informed of requirement to arrange ballot on recognition etc) is amended in accordance with subsections (2) to (4).
In sub-paragraph (1) for “three” substitute “five”.
The fourth duty is to refrain from making any offer to any or all of the workers constituting the bargaining unit which— The fifth duty is to refrain from taking or threatening to take any action against a worker solely or mainly on the grounds that he— A meeting is a relevant meeting in relation to a worker for the purposes of sub-paragraphs (4A) and (4B) if— Without prejudice to the generality of the second duty imposed by this paragraph, an employer is to be taken to have failed to comply with that duty if— The fourth and fifth duties do not confer any rights on a worker; but that does not affect any other right which a worker may have.
Each of the powers specified in sub-paragraph (9) shall be taken to include power to issue Codes of Practice— The powers are—
In paragraph 27(1) of that Schedule (remedial order in case of employer’s failure to comply with duties under paragraph 26) for “three duties imposed” substitute “duties imposed on him”.
Paragraph 118 of that Schedule (duties of employer informed of requirement to arrange ballot on derecognition etc) is amended in accordance with subsections (7) to (9).
In sub-paragraph (1) for “three” substitute “five”.
The fourth duty is to refrain from making any offer to any or all of the workers constituting the bargaining unit which— The fifth duty is to refrain from taking or threatening to take any action against a worker solely or mainly on the grounds that he— A meeting is a relevant meeting in relation to a worker for the purposes of sub-paragraph (4A) and (4B) if— Without prejudice to the generality of the second duty imposed by this paragraph, an employer is to be taken to have failed to comply with that duty if— The fourth and fifth duties do not confer any rights on a worker; but that does not affect any other right which a worker may have.
Each of the powers specified in sub-paragraph (9) shall be taken to include power to issue Codes of Practice— The powers are—
In paragraph 119(1) of that Schedule (remedial order in case of employer’s failure to comply with duties under paragraph 118) for “three duties imposed” substitute “duties imposed on him”.
After paragraph 27 of Schedule A1 to the 1992 Act insert—
The duty in sub-paragraph (1) does not apply if the CAC gives a notice under paragraph 27C(3)(b).
In each of paragraphs 35(2)(b) and 44(2)(b) of Schedule A1 to the 1992 Act (application neither inadmissible nor invalid by reason of existing agreement if the agreement does not include certain matters) for “pay, hours or holidays” substitute “all of the following: pay, hours and holidays (“the core topics”)”.
Paragraph 99 of Schedule A1 to the 1992 Act (employer’s notice to bring bargaining arrangements to an end on grounds that fewer than 21 workers employed) is amended in accordance with subsections (2) and (3).
In sub-paragraph (3) (notice must comply with certain requirements), before paragraph (a) insert—.
In sub-paragraph (7)(a), for “100” substitute “99A”.
After paragraph 99 of that Schedule insert—
In paragraph 100(1) of that Schedule (the CAC must decide whether notice complies with paragraph 99(3)), at the beginning insert “If an employer gives notice for the purposes of paragraph 99(2),”.
In paragraph 101 of that Schedule (union’s application to challenge employer’s notice under paragraph 99), omit sub-paragraphs (4) and (5).
Sub-paragraph (3) does not prevent the notice from being treated for the purposes of the provisions mentioned in sub-paragraph (3B) as having been given. Those provisions are—
In sub-paragraph (1) of each of paragraphs 109, 113 and 130 of that Schedule (bar on applications for ending bargaining arrangements if relevant application made within previous 3 years)—
in paragraph (a), after “was made” insert “, or a notice under paragraph 99(2) was given,”;
in paragraph (b), after “the relevant application” insert “, or notice under paragraph 99(2),”; and
in paragraph (c), at the end insert “or (as the case may be) decided under paragraph 100 that the notice complied with paragraph 99(3)”.
In sub-paragraph (2) of each of those paragraphs (meaning of “relevant application”), omit paragraph (a).
After paragraph 119 of Schedule A1 to the 1992 Act insert—
The duty in sub-paragraph (1) does not apply if the CAC makes arrangements under paragraph 119C(3)(b).
In Part 9 of Schedule A1 to the 1992 Act, before paragraph 166 (and before the cross-heading immediately preceding that paragraph) insert—
Paragraph 166 of Schedule A1 to the 1992 Act (power of Secretary of State to amend that Schedule) is amended as follows.
This paragraph applies if the CAC represents to the Secretary of State that a provision of this Schedule has an unsatisfactory effect and should be amended. The Secretary of State, with a view to rectifying the effect— The Secretary of State need not proceed in a way proposed by the CAC (if it proposes one). Nothing in this paragraph prevents the Secretary of State from exercising any of the powers mentioned in sub-paragraph (2)(a) in the absence of a representation from the CAC.
In sub-paragraph (3), for “this paragraph” substitute “sub-paragraph (2)(b)”.
After paragraph 166 of Schedule A1 to the 1992 Act insert—
After paragraph 166A of Schedule A1 to the 1992 Act (which is inserted by section 16) insert—
After paragraph 169 of Schedule A1 to the 1992 Act insert—
After paragraph 170 of Schedule A1 to the 1992 Act insert—
After paragraph 171 of Schedule A1 to the 1992 Act insert—
After section 210 of the 1992 Act insert—
Section 226A of the 1992 Act (notice of ballot and sample voting paper for employers) is amended as follows.
In subsection (1)(b) for “subsection (3)” substitute “subsection (2F)”.
For subsection (2)(c) substitute—
After subsection (2) insert—
Omit subsections (3) to (3B).
In subsection (5) for “subsection (3)” substitute “subsection (2F)”.
In section 227(1) of the 1992 Act (entitlement to vote in ballot on industrial action) after “induced” insert “by the union”.
In section 232B of the 1992 Act (small accidental failures to comply with certain provisions in relation to industrial action ballot to be disregarded)—
in subsection (1), at the end add “for all purposes (including, in particular, those of section 232A(c))”; and
in subsection (2), for “230(2A)” substitute “230(2B)”.
In section 62 of that Act (right of union member to ballot before industrial action), in subsection (2), omit “and” at the end of paragraph (b) and after that paragraph insert—.
Section 234A of the 1992 Act (notice to employers of industrial action) is amended as follows.
In subsection (3)—
for paragraph (a) substitute—;
omit paragraph (c) and the word “and” immediately preceding it.
After subsection (3) insert—
In subsection (5), for “is one of the affected employees” substitute “falls within a notified category of employee and the workplace at which he works is a notified workplace”.
For subsection (5A) substitute—
In subsection (8), after “, (5)” insert “, (5C)”.
Section 238A of the 1992 Act (dismissal in connection with participation in official industrial action) is amended as follows.
In subsection (3) for the words from “within” to the end substitute “within the protected period”.
After subsection (7) insert—
Section 238A of the 1992 Act is also amended as follows.
In subsection (3) for “it takes place” substitute “the date of the dismissal is”.
In subsection (4)(a) for “it takes place” substitute “the date of the dismissal is”.
In subsection (5)(a) for “it takes place” substitute “the date of the dismissal is”.
After subsection (8) add—
In section 238A(6) of the 1992 Act (dismissal after end of protected period), after paragraph (d) insert—
After section 238A of the 1992 Act insert—