The case of Plymouth was highly unusual and Unison received support from other unions, both nationally and internationally. He highlighted unions` concern that employers in other parts of the public sector (where recognition is traditionally very high) could impose cuts as part of public spending cuts to impose wage cuts – either as a bargaining tactic or as a longer-term strategy. Comparisons have been made with a recent controversy over the de-accounting of public sector unions in the state of Wisconsin. 89.Paragraph 110 provides that the CAC, in deciding whether to recognize a union, must first be satisfied that de-accounting in the bargaining unit is likely to be sufficiently sustained for the application to be cost-effective. The review is due to the fact that at least 10% of the collective agreement unit is in favour of the end of collective bargaining and that a majority of workers in the collective agreement unit would likely do so. This is essentially the same test as paragraphs 20 or 36 for applications for recognition. 72.Si the CAC accepts an application, the CAC requires that it give both parties the opportunity to testify. If the CAC decides that the initial unit remains adequate, the employer`s notification will have no effect. If there is evidence that the original bargaining unit is no longer appropriate, the CAC must report it. In this case, paragraph 78 applies and the parties have 10 working days to agree on a new bargaining unit.
In this case, the ACC must declare the union recognized for the new entity, and the collective bargaining method for the original unit applies to the new entity, as in paragraph 69. If the union and the employer do not agree, the ACC must decide in paragraph 79 70.70.Si the CAC decides that the original unit remains appropriate, it will not take further action. If the ACC decides that the original unit is not appropriate, it decides on the appropriate unit taking into account the factors covered by paragraphs 70, paragraphs 4, 5 and 6. These are the same criteria used for Part I applications, as well as the requirement that new units do not overlap if there is more than one new unit. Once the unit is designated, the CAC must decide, in accordance with paragraphs 82 to 89 above, whether the Union should be recognised for that entity. If there are workers in the original unit who do not fall under a new unit, paragraph 73 provides that the union will no longer be recognized for being represented in collective bargaining. 43.Paragraph 17 allows the union and the employer to inform the ACC that they wish to stop working on an application at any time before recognition automatically takes place on the basis of a union of more than 50% or a vote.