THE SCHEDULE
Article 2
THE SCHEDULE
PREAMBLE
The method specified below (“the specified method”) is one by which collective bargaining might be conducted in the particular, and possibly rare, circumstances discussed in the following paragraph. The specified method is not designed to be applied as a model for voluntary procedural agreements between employers and unions. Because most voluntary agreements are not legally binding and are usually concluded in a climate of trust and co-operation, they do not need to be as prescriptive as the specified method. However, the Central Arbitration Committee (“CAC”) must take the specified method into account when exercising its powers to impose a method of collective bargaining under paragraphs 31(3) and 63(2) of Schedule A1 to the Trade Union and Labour Relations (Consolidation) Act 1992. In exercising those powers the CAC may depart from the specified method to such extent as it thinks appropriate in the circumstances of individual cases.
Paragraph 31(3) provides for the CAC to impose a method of collective bargaining in cases where a union (or unions, where two or more unions act jointly) has been recognised by an employer by means of an award of the CAC under Part I of Schedule A1, but the employer and union(s) have been unable to agree a method of bargaining between themselves, or have failed to follow an agreed method. Paragraph 63(2) provides for the CAC to impose a bargaining method in cases where an employer and a union (or unions) have entered an agreement for recognition, as defined by paragraph 52 of Part II of Schedule A1, but cannot agree a method of bargaining, or have failed to follow the agreed method.
The bargaining method imposed by the CAC has effect as if it were a legally binding contract between the employer and the union(s). If one party believes the other is failing to respect the method, the first party may apply to the court for an order of specific performance, ordering the other party to comply with the method. Failure to comply with such an order could constitute contempt of court.
Once the CAC has imposed a bargaining method, the parties can vary it, including the fact that it is legally binding, by agreement provided that they do so in writing.
The fact that the CAC has imposed a method does not affect the rights of individual workers under either statute or their contracts of employment. For example, it does not prevent or limit the rights of individual workers to discuss, negotiate or agree with their employer terms of their contract of employment, which differ from the terms of any collective agreement into which the employer and the union may enter as a result of collective bargaining conducted by this method. Nor does the imposed method affect an individual’s statutory entitlement to time off for trade union activities or duties.
In cases where the CAC imposes a bargaining method on the parties, the employer is separately obliged, in accordance with Section 70B of the Trade Union and Labour Relations (Consolidation) Act 1992 (as inserted by section 5 of the Employment Relations Act 1999), to consult union representatives periodically on his policy, actions and plans on training. The specified method does not discuss how such consultations should be organised.
The law confers certain entitlements on independent trade unions which are recognised for collective bargaining purposes. For example, employers must disclose, on request, certain types of information to the representatives of the recognised unions. The fact that the CAC has imposed a bargaining method does not affect these existing statutory entitlements.
THE SPECIFIED METHOD
1. The Parties
The method shall apply in each case to two parties, who are referred to here as the “employer” and the “union”. Unless the text specifies otherwise, the term “union” should be read to mean “unions” in cases where two or more unions are jointly recognised.
The Purpose
2. The purpose is to specify a method by which the employer and the union conduct collective bargaining concerning the pay, hours and holidays of the workers comprising the bargaining unit.
3. The employer shall not grant the right to negotiate pay, hours and holidays to any other union in respect of the workers covered by this method.
4. The Joint Negotiating Body
The employer and the union shall establish a Joint Negotiating Body (JNB) to discuss and negotiate the pay, hours and holidays of the workers comprising the bargaining unit. No other body or group shall undertake collective bargaining on the pay, hours and holidays of these workers, unless the employer and the union so agree.
JNB Membership
5. The membership of the JNB shall usually comprise three employer representatives (who together shall constitute the Employer Side of the JNB) and three union representatives (who together shall constitute the Union Side of the JNB). Each union recognised by the employer in respect of the bargaining unit shall be entitled to one seat at least. To meet this requirement, the Union Side may need to be larger than three and in this eventuality the employer shall be entitled to increase his representation on the JNB by the same number, if he wishes.
6. The employer shall select those individuals who comprise the Employer Side. The individuals must either be those who take the final decisions within the employer’s organisation in respect of the pay, hours and holidays of the workers in the bargaining unit or who are expressly authorised by the employer to make recommendations directly to those who take such final decisions. Unless it would be unreasonable to do so, the employer shall select as a representative the most senior person responsible for employment relations in the bargaining unit.
7. The union shall select those individuals who comprise the Union Side in accordance with its own rules and procedures. The representatives must either be individuals employed by the employer or individuals employed by the...
