Elena's Movie Review Madness

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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 LRA can also provide impartial information on collective agreements. See LRA guidelines on collective bargaining. A union cannot withdraw an application as soon as the CAC has informed the union that either recognition is granted or that a vote must take place. The employer and the union can agree together that an application will not be made until the voting deadline expires. The ACC must verify whether the initial unit is still in place and appropriate. If it finds that another bargaining unit is appropriate, it must effectively rethink the issue of recognition of the new unit. If the new unit includes workers covered by another statutory recognition agreement, the ACC must declare both plans for workers who overlap for collective agreement units and make arrangements for them. If the new unit overlaps with an existing voluntary recognition agreement, the legal provisions applicable to workers expire in the overlapping part, but voluntary agreements are maintained. The ACC must provide 30 working days to the parties to reach an agreement, plus an additional 20 business days with the active support of the ACC. If there is no agreement, the CAC establishes a negotiated procedure.

The government has issued a standard procedure, but the CAC is not required to apply this procedure in all cases. Since companies that employ less than 21 employees (taking into account employees of related companies) are excluded from the legislation, the CAC will automatically reject any request for recognition in small businesses. Workers with associate employers who have been created outside the UK are only included if they generally work in the UK. There are special rules for commercial shipping. 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.

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