Negotiations to conclude an agreement

Step 7: Once the employer has received or been told by the CAC about a valid employee ICE request, or has issued its own valid notification to employees, it should start the negotiating process (see page 31) unless:

• there is a restriction because the ICE process has recently been applied (see page 29) or

• there is a valid pre-existing agreement and less than 40% of employees supported the ICE request (see page 25). In that case the employer can delay negotiations while it runs a ballot to see if at least 40% support the request. If they do, ICE negotiations must begin anyway.

Step 8: The employer must make arrangements for the election or appointment of negotiating representatives. The employer can choose whether it will be election or appointment but all employees must be represented by negotiating representatives, be entitled to take part in appointing or electing them, and told who has been appointed or elected. This stage is complete when the employer invites negotiating reps to enter into negotiations.

Step 9: The process of negotiating an ICE agreement can take up to nine months and be extended by agreement. The regulations refer to a six-month negotiating period starting three months after the employer receives a valid employee request or notifies employees that it will initiate negotiations, but the CAC has interpreted that to mean nine months (see page 33).