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Legislation
Employment Relations Act 2004

Part 1 Union recognition

  • Section 1 Application for decision on whether proposed bargaining unit is appropriate
  • Section 2 Power of the CAC to end period for agreement on bargaining unit
  • Section 3 Duty of employer to supply information to union
  • Section 4 Determination of appropriate bargaining unit
  • Section 5 Union communications with workers after acceptance of application
  • Section 6 Circumstances in which the CAC must arrange a ballot
  • Section 7 Power of the CAC to extend notification period
  • Section 8 Postal votes for workers absent from ballot at workplace
  • Section 9 Additional duties on employers informed of ballots
  • Section 10 Unfair practices in relation to recognition ballots
  • Section 11 Application where agreement does not cover pay, hours and holidays
  • Section 12 Employer’s notice to end bargaining arrangements
  • Section 13 Unfair practices in relation to derecognition ballots
  • Section 14 Appeals against demands for costs
  • Section 15 Power to amend Schedule A1 to the 1992 Act
  • Section 16 Means of communicating with workers
  • Section 17 Unfair practices: power to make provision about periods before notice of ballot
  • Section 18 Power to make provision about effect of amalgamations etc.
  • Section 19 Information about union membership and employment in bargaining unit
  • Section 20 “Pay” and other matters subject to collective bargaining
  • Section 21 Information required by ACAS for ballots and ascertaining union membership
  1. Part 1 · Union recognition
  2. Circumstances in which the CAC must arrange a ballot

Section 6 | Circumstances in which the CAC must arrange a ballot

From legislation.gov.uk

(1)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—

(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;

.

(2)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—

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

.

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