CODE
OF PRACTICE
ACCESS
TO WORKERS DURING RECOGNITION AND DERECOGNITION BALLOTS
(PL 500)
This
Code is issued under the power given to the Secretary of State
by section 203 of the Trade Union and Labour Relations (Consolidation)
Act 1992, with the authority of Parliament (resolutions passed
on 23 May 2000 by the House of Commons and on 22 May 2000 by the
House of Lords). It comes into effect, by order of the Secretary
of State, on 6 June 2000.
Contents
Preamble
Section
A
Introduction
Section
B
Preparing for access
Section
C
Access in operation
Section
D
General responsibilities of employers
and trade unions
Section
E
Non-compliance
with access provisions
Other
useful guidance booklets and addresses
PREAMBLE
The
legal framework within which this Code will operate is explained
in its text. While every effort has been made to ensure that explanations
included in the Code are accurate, only the courts can give authoritative
interpretations of the law.
The
Code’s provisions apply equally to men and to women, but for simplicity
the masculine pronoun is used throughout.
Unless
the text specifies otherwise, (i) the term “union” should be read
to mean “unions” in cases where two or more unions are seeking
to be jointly recognised; (ii) the term “workplace” should
be read to mean “workplaces” in cases where a recognition application
covers more than one workplace; and (iii) the term “working day”
should be read to mean any day other than a Saturday or a Sunday,
Christmas Day or Good Friday, or a day which is a bank holiday.
Passages
in this Code which appear in italics are extracts from, or re-statements
of, provisions in primary legislation.
Section
A
INTRODUCTION
Background
1
Schedule A1 of the Trade Union and Labour Relations (Consolidation)
Act 1992, inserted by the Employment Relations Act 1999, sets
out the statutory procedure for the recognition and derecognition
of trade unions for the purpose of collective bargaining.
Recognition
2
Where an employer and a trade union fail to reach agreement on
recognition voluntarily, the statute provides for the union to
apply to the Central Arbitration Committee (CAC) to decide whether
it should be recognised for collective bargaining purposes. In
certain cases, the CAC may award recognition, or dismiss the application,
without a ballot. In other cases, the CAC will be obliged to hold
a secret ballot of members of the bargaining unit to determine
the issue. If a ballot takes place, the CAC will decide whether
it should be held at the workplace, by post, or, if special factors
make it appropriate, by a combination of the two methods.
The ballot must be conducted by a qualified independent person
appointed by the CAC.
3
Paragraph 26(2) of Schedule A1 places a duty on the employer to
co-operate generally, in connection with the ballot, with the
union and the independent person appointed to conduct the ballot.
4
Paragraph 26(3) of Schedule A1 places a duty on the employer to
give a union applying for recognition such access to
the workers constituting the bargaining unit as is reasonable
to enable the union to inform the workers of the object
of the ballot and to seek their support and their opinions on
the issues involved.
5
Section 203(1)(a) of the Trade Union and Labour Relations (Consolidation)
Act 1992 gives a general power to the Secretary of State to issue
Codes of Practice containing practical guidance for the purpose
of promoting the improvement of industrial relations. Paragraph
26(8)(b) of Schedule A1 specifies that this general power
includes the particular power to issue a Code of Practice giving
practical guidance about reasonable access during recognition
ballots for the purposes of paragraph 26(3).
Derecognition
6
The CAC can also call a derecognition ballot in cases where
an employer, or his workers, are seeking to end recognition arrangements
with a union. Paragraph 118(3) of Schedule A1 contains identical
wording to paragraph 26(3) of Schedule A1, placing a duty on the
employer to give the recognised union reasonable access to the
workers comprising the bargaining unit where the CAC is holding
a ballot on derecognition. Paragraph 118(8)(b) contains a similar
provision to paragraph 26(8)(b) enabling the Secretary of State
to issue a Code of Practice giving practical guidance about reasonable
access during derecognition ballots.
7
The guidance contained in this Code applies equally to cases where
the ballot is about recognition or derecognition.
General
purpose of the Code
8
This Code gives practical guidance about the issues which arise
when an employer receives a request by a union to be granted
access to his workers at their workplace and/or during their
working time. It does not cover other forms of access outside
the employer’s control away from the workplace or outside working
hours. For example, it does not discuss how the union might
use other means, such as local newspapers or media, to put across
its message to the workers involved. This Code deals with the
specific circumstances of access during the period of recognition
or derecognition ballots. It does not provide guidance on access
at other times.
9
Access can take many and varied forms depending largely on the
type of workplace involved and the characteristics of the balloted
workforce. The overall aim is to ensure that the union can reach
the workers involved, but local circumstances will need to be
taken into account when deciding what form the access should take.
Each case should be looked at on the facts. This Code therefore
aims to help the employer and the union arrive at agreed arrangements
for access, which can take full account of the circumstances of
each individual case.
10
This Code also aims to encourage reasonable and responsible
behaviour by both the employer and the union. This should ensure
that acrimony between the parties is avoided and individual workers
are not exposed to intimidation or threat. As regards the treatment
of individuals, both parties should note that the law provides
protections against dismissal or detriment for workers who campaign
either for or against recognition.
11.
In order for a ballot to take place, the union must have satisfied
the CAC that at least 10% of the proposed bargaining unit are
already members of the union, and that a majority of the workers
in the proposed bargaining unit would be likely to favour recognition.
There is therefore a good chance that recognition will be granted
to the union, and that a working relationship between the parties
will have to be sustained after the ballot. This longer term perspective
should encourage both the employer and the union to behave responsibly
and in a co-operative spirit during the balloting period.
Legal
status of the Code
12
Under paragraphs 27 and 119 of Schedule A1 to the Trade
Union and Labour Relations (Consolidation) Act 1992, the
CAC may order employers who are breaching their duty to allow
reasonable access, to take specified, reasonable steps to do so,
and can award recognition without a ballot, or can refuse to award
derecognition where applied for by the employer, if an employer
fails to abide by its orders to remedy a breach.
13
This Code itself imposes no legal obligations and failure to observe
it does not in itself render anyone liable to proceedings. But
section 207 of the Trade Union and Labour Relations (Consolidation)
Act 1992 provides that any provisions of this Code are to be admissible
in evidence and are to be taken into account in proceedings before
any court, tribunal or the CAC where they consider them
relevant.
SECTION
B
PREPARING
FOR ACCESS
When
should preparations for access begin?
14
Preparations for access should begin as soon as possible. The
CAC is required to give notice to the employer and the union that
it intends to arrange for the holding of a ballot. There then
follows a period of ten working days before the CAC proceeds with
arrangements for the ballot. The parties should make full use
of this notification period to prepare for access. The union should
request an early meeting with the employer in this period to discuss
access arrangements. The employer should agree to arrange the
meeting on an early date and at a mutually convenient time. The
employer and the union should ensure that the individual or individuals
representing them at the meeting are expressly authorised by them
to take all relevant decisions regarding access, or are authorised
to make recommendations directly to those who take such decisions.
Joint
applications by two or more unions
15
Where there is a joint application for recognition by two or more
unions acting together, the unions should act jointly in preparing
and implementing the access arrangements. Therefore, unless the
employer and the unions agree otherwise, the unions should have
common access arrangements. The amount of time needed for access
would normally be the same for single or joint applications.
Establishing
an access agreement
16
It would be reasonable for the employer to want to give his prior
permission before allowing a full time union official to enter
his workplace and talk to his workers. In particular, the employer
may have security and health and safety issues to consider. The
parties should discuss practical arrangements for the union’s
activities at the workplace, in advance of the period of access
actually beginning.
17
Consideration should be given to establishing an agreement, preferably
in written form, on access arrangements. Such an agreement could
include:
·
the union’s programme for where, when and how it will access the
workers on site and/or during their working time; and
·
a mechanism for resolving disagreements, if any arise, about implementing
the agreed programme of access.
18
In seeking to reach an agreement, the union should put its proposals
for accessing the workers to the employer. The employer should
not dismiss the proposals unless he considers the union’s requirements
to be unreasonable in the circumstances. If the employer rejects
the proposals, he should offer alternative arrangements to the
union at the earliest opportunity, preferably within three
working days of receiving the union’s initial proposals. In the
course of this dialogue the union will need to reveal its plans
for on-site access.
19
It is reasonable for the union to request information from the
employer to help it formulate and refine its access proposals.
In particular, the employer should disclose to the union information
about his typical methods of communicating with his workforce
and provide such other practical information as may be needed
about, say, workplace premises or patterns of work. Where relevant
to the union in framing its plans, the employer should also disclose
information about his own plans to put across his views,
directly or indirectly, to the workers about the recognition (or
derecognition) of the union. The employer should not, however,
disclose to the union the names or addresses (postal or e-mail)
of the workers who will be balloted, unless the workers concerned
have authorised the disclosure.
Amending
the access agreement
20
Every effort should be made to ensure access agreements are faithfully
implemented. However, in some cases, the agreement may need
to be changed if circumstances alter. For example, a union official
selected to enter the workplace may be unexpectedly called away
by his union on other urgent business. Likewise, the employer
might wish to re-arrange an event if the selected meeting-room
is unexpectedly and unavoidably needed for other important business
purposes. If such circumstances arise, the union, or the employer
if his situation changes, should notify the other party at the
earliest opportunity that a change will need to be made to the
agreed access arrangements, and offer alternative suggestions.
The other party should generally accept the alternative arrangements,
if they are of an equivalent nature to those already agreed.
Resolving
differences about agreeing access arrangements
21
Where the employer and the union fail to agree access arrangements
voluntarily, either party, acting separately or together, may
ask the Advisory, Conciliation and Arbitration Service (ACAS)
to conciliate. Given the limited time available, ACAS will respond
to the conciliation request as soon as possible, and preferably
within one working day of receiving the request. Both parties
should give all reasonable assistance to ACAS to enable it to
help the parties overcome their difficulties through conciliation.
22
Every effort should be made to resolve any procedural difficulties
remaining, but, ultimately, where it remains deadlocked, the CAC
may be asked to assist. The CAC could, in appropriate circumstances,
consider delaying the arrangement of the ballot for a limited
period to give extra time for the parties to settle their differences.
However, where no agreement is forthcoming, the CAC may be asked
to adjudicate and to make an order.
SECTION
C
ACCESS
IN OPERATION
What
is the access period?
23
Following the notification period, and providing it does not receive
a contrary request from the trade union, the CAC will be required
to arrange the holding of the ballot. As soon as is reasonably
practicable, the CAC must inform the parties of the fact that
it is arranging the ballot, the name of the qualified independent
person appointed to conduct the ballot, and the period within
which the ballot must be conducted. The ballot must be held within
20 working days from the day after the appointment of the independent
person, or longer if the CAC should so decide.
24
The period of access will begin as soon as the parties have been
informed of the arrangements for the ballot as in paragraph 23
above. The CAC will endeavour to inform both parties as soon as
the independent person has been appointed. This may be achieved
by a telephone call to both parties, followed by a letter of confirmation.
25
If the ballot is to be conducted by post, the period of access
will come to an end on the closing date of the balloting period.
If the ballot is to be conducted at the workplace, access will
continue until the ballot has closed. However, where the ballot
is to be conducted at the workplace, and where the union has already
had adequate access opportunities, both the employer and the union
should largely confine their activities during the actual hours
of balloting to the encouragement of workers to vote. They should
reduce or cease other campaigning activity at this time.
For example, both the employer and the union should avoid
scheduling large meetings at such times. This should ensure that
the ballot is conducted in a calm and orderly fashion, with minimum
disruption to the normal functioning of the workplace.
Who
may be granted access?
26
The access agreement should specify who should be given access
to the workers who will be balloted. Employers should be
prepared to give access to:
(a)
individual union members employed by the employer, who are nominated
by the union as the lead representative of their members at workplaces
where the bargaining unit is situated;
(b)
individual union members employed by the employer, who are nominated
by the union as the lead representative of their members at other
workplaces in the employer’s business, provided that it is practicable
for them to attend events at workplaces where the bargaining unit
is situated. The costs of travelling from other workplaces should
be met by the individuals or the union; and
(c)
“full-time” union officials. (That is, individuals employed
by the union, who are officials of the union within the meaning
of the sections 1 and 119 of the Trade Union and Labour Relations
(Consolidation) Act 1992).
The
number of union representatives entitled to gain access should
be proportionate to the scale and nature of the activities or
events organised within the agreed access programme.
Where
will the access take place?
27
Where practicable in the circumstances, a union should be granted
access to the workers at their actual workplace. However, each
case will depend largely on the type of workplace concerned, and
the union will need to take account of the wide variety of circumstances
and operational requirements that are likely to be involved.
In particular, consideration will need to be given to the employer’s
responsibility for health and safety and security issues. In other
words, access arrangements should reflect local circumstances
and each case should be examined on the facts.
28
Where they are suitable for the purpose, the employer’s typical
methods of communicating with his workforce should be used as
a benchmark for determining how the union should communicate with
members of the same workforce during the access period. If the
employer follows the custom and practice of holding large workforce
meetings in, for example, a meeting room or a canteen, then the
employer should make the same facilities available to the union.
However, in cases where the workplace is more confined, and it
is therefore the employer’s custom and practice to hold only small
meetings at the workplace, then the union will also be limited
to holding similar small meetings at that workplace. In exceptional
circumstances, due to the nature of the business or severe space
limitations, access may need to be restricted to meetings away
from the workplace premises, and the union will need to consider
finding facilities off-site at its own expense unless it agrees
otherwise with the employer. In these circumstances, the employer
should give all reasonable assistance to the union in notifying
the workers in advance of where and when such off-site events
are to take place. Where such exceptional circumstances exist,
it would normally be expected that the employer would not hold
similar events at the workplace.
When
will the access take place?
29
The union should ensure that disruption to the business is minimised,
especially for small businesses which might find it more difficult
to organise cover for absent workers. The union’s access to the
workers should usually take place during normal working hours
but at times which minimise any possible disruption to the activities
of the employer. This will ensure that the union is able to communicate
with as large a number of the workers as possible. Again, the
arrangements should reflect the circumstances of each individual
case. Consideration should be given to holding events, particularly
those involving a large proportion of the workers in the bargaining
unit, during rest periods or towards the end of a shift. In deciding
the timing of meetings and other events, the union and the employer
should be guided by the employer’s custom and practice when communicating
with his workforce. If, due to exceptional circumstances, access
must be arranged away from the workplace, it might be practicable
to arrange events in work time if they are held nearby, within
easy walking distance. Otherwise, off-site events should normally
occur outside work time.
The
frequency and duration of union activities
30
The parties will need to establish agreed limits on the duration
and frequency of the union’s activities during the access period.
Subject to the circumstances discussed in paragraphs 27 - 29 above,
the employer should allow the union to hold one meeting of at
least 30 minutes in duration for every 10 days of the access period,
or part thereof, which all workers or a substantial proportion
of them are given the opportunity to attend. In circumstances
where the employer or others organise similar large-scale meetings
in work time against the recognition application (or in favour
of derecognition), then it would be reasonable for the union to
hold additional meetings, if necessary, to ensure that in total
it has the same number of large-scale meetings as the employer
and his supporters.
31.
Where they would be appropriate having regard to all the circumstances,
union “surgeries” could be organised at the workplace during working
hours at which each worker would have the opportunity, if they
wish, to meet a union representative for fifteen minutes on an
individual basis or in small groups of two or three. The circumstances
would include whether there was a demand from the workforce for
surgeries, whether the surgeries could be arranged off-site as
effectively, whether the holding of surgeries would lead to an
unacceptable increase in tension at the workplace and whether
the employer, line managers or others use similar one-to-one or
small meetings to put across the employer’s case. The union should
organise surgeries in a systematic way, ensuring that workers
attend meetings at pre-determined times, thereby avoiding delays
before workers are seen and ensuring that they promptly return
to their work stations afterwards. Wherever practicable, the union
should seek to arrange surgeries during periods of down-time such
as rest or meal breaks. Where surgeries do not take place, the
minimum time allowed for each larger scale meeting should be 45
minutes.
32
An employer should ensure that workers who attend a meeting or
a “surgery” organised by the union with his agreement during work
time, should be paid, in full, for the duration of their absence
from work. The employer will not be expected to pay the worker
if the meeting or surgery takes place when the worker would not
otherwise have been at work, and would not have been receiving
payment from the employer.
33.
Where the union wishes one of the employer’s workers within the
meaning of paragraphs 26(a) and 26(b) above to conduct a surgery,
the employer should normally give time off with pay to the worker
concerned. The worker should ensure that he provides the employer
with as much notice as possible, giving details about the timing
and location of the surgery. Exceptionally, it may be reasonable
for the employer to refuse time off. This will apply if unavoidable
situations arise where there is no adequate cover for the worker’s
absence from the workplace and the production process, or the
provision of a service cannot otherwise be maintained. Before
refusing permission, the employer should discuss the matter with
the union and the worker to explore alternative arrangements.
What
about written communication?
34
The union may want to display written material at the place of
work. Employers, where practicable, should provide a notice
board for the union’s use. This notice board should be in a prominent
location in the workplace and the union should be able to
display material, including references to off-site meetings, without
interference from the employer. Often, an existing notice-board
could be used for this purpose. The union should also be able
to place additional material near to the notice-board including,
for example, copies of explanatory leaflets, which the workers
may read or take away with them. If there are no union representatives
within the meaning of paragraphs 26(a) and 26(b) above present
at the workplace, the employer should allow access to a full time
official of the union to display the material.
35
The union may also wish to make use of its web-site pages on the
internet for campaigning purposes. An employer should allow his
workers access to the union’s material in the same way that he
explicitly, or tacitly, allows his workers to down-load information
in connection with activities not directly related to the performance
of their job. If an employer generally disallows all such internet
use, he should consider giving permission to one of his workers
nominated by the union to down-load the material, and it would
be this person’s responsibility to disseminate it more widely
among other workers.
36
A nominated union representative employed by the employer
may also want to make use of internal electronic communication,
such as electronic mail or intranets, for campaigning purposes.
For example, he may want to remind workers of forthcoming union
meetings or surgeries. The employer should allow the representative
to make reasonable use of these systems if the employer explicitly,
or tacitly, allows his workers to use them for matters which are
not directly related to the performance of their job. In cases
where such use is disallowed, it would still be reasonable for
the representative to use them, if the employer uses such forms
of communication to send to the workers information against the
union’s case. When sending messages in this capacity, the
representative should make it clear that the advice comes from
the union and not the employer.
What
about small businesses?
37
Access arrangements for small businesses need not necessarily
create difficulties. For example, it may be easier to arrange
for a smaller number of workers to meet together. On the other
hand, there may be difficulties providing cover for workers in
smaller organisations, or in finding accommodation for meetings.
In such cases, the employer and the union should try to reach
an understanding about how access arrangements can be organised
to ensure minimum disruption. Agreements may need to be flexible
to accommodate any particular needs of the employer.
Arrangements
for non-typical workers
38
Many, or sometimes most, workers in a bargaining unit may not
work full time in a standard Monday-Friday working week. Others
might rarely visit the employer’s premises. The employer should
bear in mind the difficulties faced by unions in communicating
with :
·
shift workers
·
part-time workers
·
homeworkers
·
a dispersed or peripatetic workforce
·
those on maternity or parental leave
·
those on sick leave.
39
The employer should be receptive to a union’s suggestions
for securing reasonable access to such “non-typical workers”,
and allow them, where practicable, to achieve a broadly equivalent
level of access to those workers as to typical workers. It would
be reasonable for the union to organise its meetings or
surgery arrangements on a more flexible basis to cover shift workers
or part-time workers. An employer should agree to the maximum
flexibility of arrangements, where reasonable in the circumstances.
This would not extend to an employer being obliged to meet the
travel costs of his workers attending meetings arranged by the
union.
40
In addition, the union will be able to make use of the independent
person to distribute information to home addresses via the postal
service. This will ensure that literature will be received by
any workers who are not likely to attend the workplace during
the access period, for example those on maternity or sick leave.
The CAC will supply the name, address and telephone number of
the independent person to both the union and the employer.
What
about joint employer/union activities?
41
There may be scope for the union and the employer to undertake
joint activities where they both put across their respective views
about recognition or derecognition in a non-confrontational way.
Such joint activities can be an efficient method of providing
information, minimising business disruption and costs. For example,
the parties may wish to consider:
·
the arrangement of joint meetings with each party allocated
a period of thirty minutes to address the workers; and
·
the use of a joint notice-board where an equal amount of space
is devoted to the employer and the union.
SECTION
D
GENERAL
RESPONSIBILITIES OF EMPLOYERS AND TRADE UNIONS
Observing
an access agreement
42
Both parties should ensure they keep to agreements about
access arrangements. For example, if the parties agree to hold
a meeting lasting 30 minutes in duration, every effort should
be made to ensure that the meeting does not over-run its allocated
time. Likewise, neither party should remove, or tamper with, material
placed on a notice board by the other party, unless they are obliged
to do so for legal reasons.
Avoiding
acrimonious situations
43
Both parties should endeavour to ensure that, wherever possible,
potentially acrimonious situations are avoided throughout the
period of access. In particular, the parties should avoid:
·
using defamatory material or provocative propaganda;
·
personal attacks or personalised negative campaigning against
individuals;
·
the harassment or intimidation of individuals;
·
issuing threats;
·
placing pressure on workers to reveal their voting intentions;
and
·
behaviour likely to cause unnecessary offence.
44
The employer and the union should also dissociate themselves
from material containing personal attacks or allegations which
is circulated on an anonymous basis. The party whose case appears
to be favoured by the anonymous material should formally repudiate
it, informing all workers in the bargaining unit accordingly.
Behaving
responsibly
45
For access arrangements to work satisfactorily, the employer and
the union should behave responsibly, and give due consideration
to the requirements of the other party throughout the access period.
For example, neither the union nor the employer should seek to
disrupt or interfere with meetings being held by the other party.
If one party is holding a large meeting, the other should avoid
the scheduling of other conflicting meetings or events, and should
not attempt to distract attention from the business of the meeting.
46
Where it is practicable to hold meetings or surgeries at the workplace,
the employer should provide appropriate accommodation, fit for
the purpose, which should include adequate heating and lighting,
and arrangements to ensure that the meeting is held in private.
In turn, the union should ensure that business costs and business
disruption are minimised. Unions should be aware of the needs
of the employer to maintain the production process, to maintain
a level of service, and to ensure safety and security at all times.
SECTION
E
NON-COMPLIANCE
WITH ACCESS PROVISIONS
Intervention
by the CAC
47
Disputes may arise between the parties during the access period
about the failure to allow reasonable access or to implement access
agreements. If these disputes cannot be resolved, the union may
ask the CAC to decide whether the employer has failed to perform
his statutory duties in relation to the ballot.
48
If the CAC is satisfied that the employer has failed to perform
one or more of its three duties:
a)
to co-operate generally with the union and the independent person
on the ballot;
b)
to give the union such access to the workers constituting
the bargaining unit as is reasonable to inform them of the object
of the ballot and to seek their support and opinions; and
c)
to provide the CAC with the names and home addresses of those
workers,
and
the ballot has not been held, the CAC may order the employer to
take such steps to remedy the failure as the CAC considers reasonable,
and within a time that the CAC considers reasonable. Where
the CAC is asked to make an order very shortly before the end
of the access period, it may be impracticable for the CAC to consider
the request and for the employer and the union to remedy any failure
in the short time before the ballot is held. In such circumstances,
the CAC may extend the access period by ordering the ballot to
be rescheduled for a later date to ensure that access is achieved.
49
If the employer fails to comply with the CAC’s order within the
time specified, and the ballot has still not been held, the CAC
may issue a declaration that the union is recognised, or that
the union is not derecognised.
50
The law does not provide for employers to complain to the CAC
about the union’s behaviour in relation to access. However, in
deciding whether the employer has complied with his duty to give
the union access, the CAC may take into account all relevant circumstances.
This may include the behaviour of the union. The CAC may therefore
decide that the employer has complied with the duty in circumstances
where, because the union has acted unreasonably, he denies the
union access or refuses to implement agreed access arrangements.
Minor
disputes
51
Some disputes may be minor by nature. For example, the employer
may be aggrieved that a meeting has over-run somewhat. On the
other hand, a union might have cause to complain if it regards
the meeting room provided by the employer as being too small to
accommodate everyone in comfort. In such cases, both parties should
avoid taking hasty action which might prejudice the implementation
of other access arrangements. The union should generally avoid
taking minor complaints to the CAC as a first course of action.
52
Instead, the parties should make every effort to resolve the dispute
between themselves. They should make full use of any mechanism
to resolve such disputes which they may have established in the
access agreement, and consider the use of ACAS’s conciliation
services. It would generally be a good practice if both the employer
and the union nominated a person to act as their lead contact
if disagreements or questions arose about the implementation of
access arrangements.
53
The period of access will be limited in duration, given that the
balloting period will normally be a maximum of 20 working days,
and the parties should therefore ensure that disputes are swiftly
resolved. The parties should endeavour to inform each other
immediately if a dispute arises, and should seek to resolve any
disputes as a matter of priority, preferably within one working
day of their occurrence.
The
independent person
54
The prime duties of the independent person are to ensure that:
·
the names and addresses of the workers comprising the balloting
constituency are accurate;
·
the ballot is conducted properly and in secret; and
·
the CAC is promptly informed of the ballot result.
It
is not the function of the independent person to adjudicate disputes
about access. That is the CAC’s role. However, the independent
person may have wide experience and knowledge of balloting arrangements
in different settings. The parties might consider informing the
independent person about their problems and draw on his experience
to identify possible options to resolve their difficulties.
OTHER
USEFUL GUIDANCE BOOKLETS AND ADDRESSES
The
following booklet on employment and trade union legislation can
be obtained free of charge from offices of the Jobcentre-Plus:
Union
membership and non-membership rights (PL 871)
The
following publications can be obtained from ACAS Publications, PO
Box 235, Hayes, Middlesex UB3 1HF (tel : 020 8867 3225)
or from the Stationery Office:
ACAS
Code of Practice 2 - Disclosure of Information to Trade Unions
for Collective Bargaining Purposes
ACAS
Code of Practice 3 - Time Off for Trade Union Duties and Activities
The
addresses of ACAS offices
The
address of the Central Arbitration Committee
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