Negotiating for groups of undertakings or parts of the undertaking
[ch 6: page 33]ICE agreements can cover the employees of more than one undertaking, where “one or more employers” want to reach an agreement on that basis (regulation 14(6)). Government guidance says employers cannot take this decision unilaterally as the agreement must be approved by the employees. If a multi-undertaking ICE agreement is proposed it could affect the number of negotiating reps needed, and the conduct of any ballots (see below).
In the case of agreements providing for different arrangements in different parts of the undertaking, separate negotiations may be held with representatives from the various parts. Government guidance points out: “Employers could not unilaterally decide that a negotiated agreement will provide for separate arrangements in different parts of the undertaking. The agreement will have to be approved by the employees, so this is something that should be discussed with negotiating representatives at an early stage in the process.”
These flexibilities do not mean that unions will always be able to get the ICE negotiating arrangements they are hoping for. At GE Aviation Systems, the company successfully resisted union pressure to extend ICE arrangements to additional sites (see page 14).