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Industrial Relations Act 1967 (2010 revision), Page 3

Part III - RECOGNITION AND SCOPE OF REPRESENTATION OF TRADE UNIONS

Claim for recognition

9. (1) No trade union of workmen the majority of whose membership consists of workmen who are not employed in any of the following capacities that is to say—

(a) managerial capacity;

(b) executive capacity;

(c) confidential capacity; or

(d) security capacity,

may seek recognition or serve an invitation under section 13 in respect of workmen employed in any of the above-mentioned capacities.

(1a) Any dispute arising at any time, whether before or after recognition has been accorded, as to whether any workman or workmen are employed in a managerial, executive, confidential or security capacity may be referred to the Director General by a trade union of workmen or by an employer or by a trade union of employers.

(1b) The Director General, upon receipt of a reference under subsection (1a), may take such steps or make such enquiries as he may consider necessary or expedient to resolve the matter.

(1c) Where the matter is not resolved under subsection (1b) the Director General shall notify the Minister.

(1d) Upon receipt of the notification under subsection (1c), the Minister shall give his decision as to whether any workman or workmen are employed in a managerial, executive, confidential or security capacity and communicate in writing the decision to the trade union of workmen, to the employer and to the trade union of employers concerned.

(2) Subject to subsection (1), a trade union of workmen may serve on an employer or on a trade union of employers in writing in the prescribed form a claim for recognition in respect of the workmen or any class of workmen employed by such employer or by the members of such trade union of employers.

(3) An employer or a trade union of employers upon whom a claim for recognition has been served shall, within twenty-one days after the service of the claim—

(a) accord recognition; or

(b) if recognition is not accorded, notify the trade union of workmen concerned in writing the grounds for not according recognition.

(c) (Deleted by Act A1322).

(3a) Upon according recognition to the trade union of workmen concerned under paragraph (3)(a), the employer or the trade union of employers concerned shall notify the Director General.

(4) Where the trade union of workmen concerned receives a notification under paragraph (3)(b), or where the employer or trade union of employers concerned fails to comply with subsection (3), the trade union of workmen may, within fourteen days—

(a) of the receipt of the notification; or

(b) after the twenty-one day period in subsection (3) has lapsed, report the matter in writing to the Director General, failing which the claim for recognition shall be deemed to have been withdrawn.

(4a) Upon receipt of a report under subsection (4), the Director General may take such steps or make such enquiries to ascertain—

(a) the competence of the trade union of workmen concerned to represent any workmen or class of workmen in respect of whom the recognition is sought to be accorded; and

(b) by way of secret ballot, the percentage of the workmen or class of workmen, in respect of whom recognition is being sought, who are members of the trade union of workmen making the claim.

(4b) For the purpose of carrying out his functions under subsection (1b) or (4a) the Director General—

(a) shall have the power to require the trade union of workmen, the employer, or the trade union of employers concerned to furnish such information as he may consider necessary or relevant within the period specified in the requirement;

(b) may refer to the Director General of Trade Unions for him to ascertain the competence of the trade union of workmen concerned to represent any workmen or class of workmen in respect of whom recognition is sought to be accorded, and the performance of duties and functions by the Director General of Trade Unions under this paragraph shall be deemed to be a performance of his duties and functions under the written law relating to the registration of trade unions; and

(c) may enter any place of employment where any workmen in respect of whom a claim for recognition is sought to be accorded are being employed to examine any records or documents or to conduct secret ballot.

(4c) Upon ascertaining the matter under subsection (4a), the Director General shall notify the Minister.

(5) Upon receipt of a notification under subsection (4c) the Minister shall give his decision thereon; where the Minister decides that recognition is to be accorded, such recognition shall be deemed to be accorded by the employer or trade union of employers concerned, as the case may be, as from such date as the Minister may specify.

(6) A decision of the Minister under subsection (1d) or (5) shall be final and shall not be questioned in any court.

Prohibition of strike, lock-out, picketing and termination of service pending recognition of a trade union

10. (1) No workman shall go on strike or do anything which is rendered lawful by virtue of the proviso to subsection 40(1) for whatever reason during the pendency of proceedings under section 9, or after the decision of the Minister thereunder by reason of any dissatisfaction with such decision.

(2) No employer shall declare a lock-out or terminate the services of a workman once a trade union of workmen has served on the employer or a trade union of employers to which the employer belongs, a claim for recognition under subsection 9(2) in respect of workmen or a class of workmen:

Provided that this restriction shall not apply—

(a) where a dismissal is effected on disciplinary grounds;

(b) where the claim for recognition is deemed to have been withdrawn under subsection 9(4) or has been decided by the Minister under subsection 9(5); or

(c) where a termination is due to retirement, expiry of a fixed term contract, non-confirmation of a probationer or being medically boarded out.

(3) For the purpose of subsection (2) “lock-out” includes—

(a) the closing of a place of employment;

(b) the suspension of work; or

(c) the refusal by an employer to continue to employ any number of workmen employed by him, effected during the pendency of proceedings under section 9.

No other claims after trade union has made a claim

10a. Where a claim for recognition by a trade union in respect of workmen or a class of workmen has been made under section 9, no other trade union of workmen shall make a claim for recognition under that section or be accorded recognition in respect of the same workmen or class of workmen until the claim is resolved under paragraph 9(3)(a) or deemed to have been withdrawn under subsection 9(4), or decided by the Minister under subsection 9(5).

Trade unions accorded recognition

11. Where a trade union has been accorded recognition in respect of any workman or class of workmen whether by a decision of the Minister or otherwise no other trade union shall make any claim for recognition in respect of the same workman or class of workmen unless a period of three years has elapsed after such recognition has been accorded or the trade union which has been accorded recognition is no longer in existence.

Trade unions not accorded recognition

12. Where a claim for recognition—

(a) has been withdrawn by the trade union of workmen concerned after a report has been made by the trade union of workmen to the Director General under subsection 9(4); or

(b) has been decided by the Minister under subsection 9(5), resulting in the trade union of workmen concerned not being accorded recognition, such trade union shall not make any further claim for recognition in respect of the same workmen or class of workmen until six months have elapsed from the date of such withdrawal or decision.

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