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Trade Union Balloting Act 2009

Secret ballot.

1) A trade union shall take a secret ballot to make a decision on any of the following matters -
(a) the election of delegates to a general meeting, if the rules of the union provide for meetings of delegates, or to a federation of trade unions;
(b) the election of officers (other than trustees) by the members in accordance with the rules of the union;
(c) all matters relating to strikes
(d) the imposition of a levy;
(e) dissolution of the trade union or federation of trade unions;
(f) amendment of the rules where such amendment results in increasing the liability of the members to contribute or in decreasing the benefits to which members are entitled;
(g) amalgamation with another trade union or transfer of engagements to another trade union.

2) Where a secret ballot is taken on any matter relating to a strike, it shall contain a resolution setting out clearly the issues leading to the proposed strike and describing clearly the nature of the acts which are to be done or omitted to be done in the course of such strike; and a secret ballot which does not fulfil these requirements shall be invalid and of no effect, and no strike shall be carried out on the basis of such secret ballot.

3) A secret ballot which has been taken on any matter relating to a strike shall cease to have effect upon the expiry of ninety days after the date on which the secret ballot is taken and no strike shall thereafter be carried out on the basis of such secret ballot.

4) In carrying out any secret ballot, a trade union shall ensure that every member thereof has an equal right and a reasonable opportunity to record his vote freely, that the secrecy of the ballot is properly secured and that the results of the ballot are correctly ascertained.

5) The results of a secret ballot taken to decide on any of the matters specified in subsection (1) shall be submitted by the secretary of the trade union to the Minister of Labour and Industrial Affairs in triplicate, substantially in the form prescribed by regulations, within fourteen days after the taking of the secret ballot.

6) Where a trade union has taken a secret ballot to call for a strike, the Minister of Labour and Industrial Affairs may upon receipt of the results thereof under subsection (5), carry out all such investigations as he may deem necessary, and where he is satisfied that the proposed strike if carried out would contravene this Act or any other written law he shall direct the trade union not to commence the proposed strike.

7) The secretary of the trade union shall take all such steps as are necessary to ensure that all ballot papers and documents used in connection with or relevant to a secret ballot are kept at the registered office of the trade union for a period of not less than six months after the completion of the ballot.

8 ) For the purpose of satisfying himself that a secret ballot taken by a trade union has been properly conducted, the Minister of Labour and Industrial Affairs may require any person to deliver to him any ballot papers, envelopes, lists, or other documents whatsoever, which have been used in connection with or are relevant to the secret ballot and which are in the possession or under the control of that person, and may inspect any such document and retain it for such period as he deems necessary; but save as aforesaid or as may be provided in the rules of the trade union no person shall be allowed to inspect or copy any document relating to a secret ballot.

9) The Minister of Labour and Industrial Affairs may in any particular case declare a secret ballot taken by a trade union to be invalid if he is satisfied that the trade union has contravened any provision of this Act, or of any regulations, or of any of its rules in carrying out such secret ballot.

10) Immunity from civil suit.

(a) No suit or other legal proceeding shall be maintainable in any civil court against any registered trade union or any officer or member thereof in respect of any act done in contemplation or in furtherance of a trade dispute to which a member of the trade union is a party on the ground only that such act induces some other person to break a contract of employment, or that it is an interference with the trade, business or employment of some other person or with the right of some other person to dispose of his capital or of his labour as he wills.

(b) Liability in tort. A suit against a registered trade union or against any members or officers thereof on behalf of themselves and all other members of the trade union in respect of any tortious act alleged to have been committed by or on behalf of the trade union shall not be entertained by any court.

If the court is satisfied the trade union has not knowingly contravened any provision of this Act.


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