29.11  Union Recognition

(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 Contractor no later than five (5) Business Days prior to the Service Transfer Date true copies of its union recognition agreement(s) and the Contractor shall and shall procure that each and every sub-contractor shall in accordance with TUPE recognise the trade unions representing Relevant Employees (as relevant to each sub-contractor) after the transfer to the same extent as they were recognised by the Authority or the relevant sub contractor before the Service Transfer Date.

(b)  The Contractor shall procure that, on each occasion on which the identity of a 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 sub-contractor in respect of the provision of the Services at the Authority's premises.  [The provisions of this clause 29.11 (Union Recognition) shall not apply to the market testing exercise which shall be governed by clause 27.142]

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142  The inclusion of this wording should be considered on a project specific basis.  The wording is usually included where the benchmarking and/or market testing procedures include provisions on the assumptions to be made about TUPE transfers as part of the benchmarking and/or market testing procedure.