Section 12A
of Industrial Relations Act 1967
Section 12A
(a)
the trade union of workmen concerned may decide among themselves which trade union of workmen shall have the sole bargaining rights to represent such workmen or class of workmen and shall notify the Director General; or
(b)
if there is no agreement as to which trade union of workmen has the sole bargaining rights to represent such workmen or class of workmen, the employer or trade union of employers or any trade union of workmen concerned, may make an application in writing to the Director General to determine which of the trade union of workmen has the sole bargaining rights to represent such workmen or class of workmen.
(2)
Upon receiving an application in writing under paragraph
(1)
, the Director General may take such steps to determine the application or to make such enquiries by way of secret ballot, to ascertain the highest number of votes indicating the preference for a trade union of workmen to have the sole bargaining rights to represent such workmen or class of workmen.
(3)
Where the result of the secret ballot shows a tie, a further secret ballot shall be carried out by the Director General until the highest number of votes indicating the preference for a trade union of workmen to have the sole bargaining rights to represent such workmen or class of workmen is ascertained.
(4)
Upon ascertaining the matter under subsection (1), (2) or (3), the
Director General shall decide that the trade union of workmen which obtained the highest number of votes shall have the sole bargaining rights to represent such workmen or class of workmen.
NOTE— Section 12A inserted is not yet in force– see section 10 of the Act A1615.
Industrial Relations 25
(5)
For the purposes of carrying out his functions under subsection
(1)
, (2) or (3), 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; and
(b)
may enter any place where any workman is being employed to examine any record or document, or to conduct a secret ballot.
(6)
Where the Director General has made a decision under subsection (4), the trade union of workmen which the Director General has decided to have obtained the highest number of votes shall have the sole bargaining rights to represent such workmen or class of workmen.
(7)
Subject to section 12B, the sole bargaining rights to represent such workmen or class of workmen granted pursuant to this section shall cease to exist in the event another trade union of workmen has obtained the sole bargaining rights to represent such workmen or class of workmen.
*Trade unions obtained sole bargaining rights