Paragraph 10 of the Schedule inserts after new paragraph 19L a new paragraph 19M in relation to unfair practices.
	Subparagraph (1) of paragraph 19M sets out that the parties must refrain from using any unfair practice.
	Subparagraph (2) of paragraph 19M defines what constitutes an unfair practice. This follows the current definition of an unfair practice. It should be noted that Ministers have the power under paragraph 166B of Schedule A1 to widen in future the definition of what constitutes an unfair practice.
	Subparagraph (3) of paragraph 19M defines what is the relevant ballot and the relevant workers.
	Subparagraph (4) of paragraph 19M defines what is an outcome-specific offer, which is an offer to pay money or equivalent where the aim is to affect the outcome of the recognition application.
	Subparagraph (5) of paragraph 19M states that duties imposed by new paragraph 19M do not confer any rights on the worker, but do not affect any other rights that the worker may have.
	Subparagraph (6) of paragraph 19M provides for Ministers or ACAS to issue Codes of Practice in relation to new paragraph 19M.
	Paragraph 10 of the Schedule also inserts after paragraph 19L new paragraph 19N. Subparagraph (1) of paragraph 19N sets out that a party may complain to the CAC where the other party has not complied with the duties in new paragraph 19M (unfair practices).
	Subparagraph (2) of paragraph 19N sets out the stages of the recognition process after which a complaint cannot be made.
	Subparagraphs (3), (4) and (5) of paragraph 19N require the CAC to decide within a period of 10 working days whether a complaint of an unfair practice is well-founded. Well-founded is defined as the CAC making a finding that an unfair practice has occurred. The CAC may extend the 10 working day period by notice giving reasons to the parties.
	Paragraph 10 of the Schedule also inserts new paragraph 19O after new paragraph 19N. Subparagraph (1) of paragraph 19O stipulates that this paragraph applies where the CAC has found a complaint under new paragraph 19N (unfair practices) to be well founded.
	Subparagraph (2) of paragraph 19O states that the CAC must make a declaration that the complaint is well founded.
	Subparagraph (3) of paragraph 19O enables the CAC to order the offending party to take specified steps within a specified period.
	Subparagraph (4) of paragraph 19O sets out the circumstances where subparagraph (5) below applies.
	Subparagraph (5) of paragraph 19O sets out that the CAC may give notice to the union and the employer that it intends to hold a secret ballot of the workforce in the bargaining unit (excluding those who joined after the application day) to determine whether they want union recognition.
	Subparagraph (6) of paragraph 19O sets out that the CAC can make orders, issue notices or declarations at any time prior to certain events occurring under (a – d).
	Subparagraph (7) of paragraph 19O explains that any action that the CAC takes must be reasonable in order to mitigate the failure of a party where it has not complied with the requirements under paragraph 19M (unfair practices).
	Paragraph 10 of the Schedule also inserts new paragraph 19P after new paragraph 19O.
	Paragraph 19P sets out the circumstances, in cases where the CAC has found that an unfair practice complaint has been well founded, and that there has been use of violence, dismissal of a union official, or where the CAC has made an order in relation to rectifying an unfair practice and this has not been complied with, or makes another declaration under paragraph 19O(2) in relation to the same party, then the CAC may consider awarding the union recognition if the employer is the party in breach, or may consider dismissing the application where the party in breach is the union. Paragraph 19P subparagraph (6) clarifies that the CAC powers under paragraph 19P are in addition to those under paragraph 19O.
Part 4: Trade Unions and Industrial Action, etc Trade union recognition Part 2 - Recognition Unfair practices