Level 3 – If the problem is not resolved after Levels 1 and 2, it can be referred to an appropriate external agency (ACAS) with the agreement of both parties (as defined in Section 6). The government introduced a significant portion of the legislation dealing with changes to the bargaining unit after legal recognition where collective agreements were concluded by the parties or established by the ACC. The recognition process begins with the union submitting a written application for recognition and identifying the proposed bargaining unit. The bargaining unit is the workplace or group of workers that the union wishes to represent. The request can be made by two or more unions that act together, but unions must have certificates of independence. The request is addressed to the Central Arbitration Committee (CAC). The ACC will not consider the request if another union is already recognized for workers in the collective agreement unit. This is an area that gives employers the most flexibility to meet the challenges. The government will review this provision so that it does not begin the operation of the recognition procedures. 3.11.2 Information on the consultation on redundancies when the university proposes to dismiss 20 or more officers (according to Section 188 of TULR (C) amended in 1992) in order to reach an agreement. That`s the minimum right. 6.2 This document outlines the procedures for dealing with and resolving differences in the form of collective issues that fall within the agreement, which are raised by its accredited representative of a union recognized on behalf of the members.
There are specific procedures for which an employer is recognized on a voluntary basis. The employer is prevented from terminating the contract for a period of three years (unless the contract provides for something else). The law provides for a similar procedure for determining the method of collective bargaining if the parties fail to agree and for the definition of a legally binding method of bargaining. The next step is the “first period,” which lasts 10 working days by the employer receiving the application. During this period, the employer can accept the application, the union is recognized and the procedure ends. If the employer does not accept the request but refuses to negotiate, there are 20 days of work where the employer agrees on recognition in negotiations, otherwise the union may refer the matter to the CAC. If the employer rejects the request or does not respond, the union may refer the matter to the CAC. 4.6 The recognition and organizations that this contract grants to an accredited representative are withdrawn when there is a significant risk that it will become a charter for employers, in order to manipulate changes in the bargaining unit, in the hope of exiting the legal provisions of recognition. Similar provisions are also in place where the employer states that the original bargaining unit no longer exists. 1.1 This agreement between the university and its recognized unions (collectively referred to as “parties” in this document) is mentioned in point 2.1 below, and applies to all employees of the University of Bath, paid on nationally negotiated wage scales through the Joint Council for the Negotiation of University Staff (JNCHES).
In addition, the University and the University Union (UCU) are expressly recognized for collectively representing professors. 7.1 The parties to this agreement reserve the right to terminate it in writing within six months. Changes can be made with the agreement of the parties. The procedure established by the ACC is legally applicable, but it can only be applied in court by a specific performance decision that requires the parties to respect the procedure or to face a breach of jurisdiction. This also applies if the CAC has ordered recognition and the parties have agreed to the procedure, but it will not be enforced.