31.17  Union Recognition

It is agreed that:

(a)  the Authority shall, and shall procure if it has the contractual or legal powers to do so and shall otherwise use all reasonable endeavours to procure, that every relevant sub-contractor of the Authority shall supply to the Service Provider, not later than five (5) Business Days prior to the Service Commencement Date, true copies of its union recognition agreement(s).  The Service Provider shall, and shall procure that each and every relevant sub-contractor shall, in accordance with TUPE recognise the trade unions representing Relevant Employees (as relevant to each relevant sub-contractor) after the transfer to the same extent as they were recognised by the Authority or the relevant sub-contractor before the Service Commencement Date; and

(b)  the Service Provider shall procure that, on each occasion on which the identity of a relevant sub-contractor changes pursuant to this Agreement, in the event that there is a Relevant Transfer, the new sub-contractor, shall, in accordance with TUPE, recognise the trade unions representing the employees whose contracts of employment transfer to the new sub-contractor to the same extent as they were recognised before the change of identity of the relevant sub-contractor in respect of the provision of the Services.  The provisions of this clause 31.17 do not apply to the Market Testing Procedure which shall be governed by the provisions of Schedule 16 (Market Testing Procedure).