Industrial Relations Act 1990

Enforcement of rule for secret ballot.

16

16. (1) Every trade union registered under the Trade Union Acts, 1871 to 1975, or a trade union under the law of another country shall, not later than the operative date, forward to the Registrar of Friendly Societies a copy of its rules incorporating the provisions referred to in subsection (2) of section 14 .

(2) A trade union failing to comply with subsection (2) of section 14 or subsection (1) of this section shall cease to be entitled to hold a negotiation licence under Part II of the Trade Union Act, 1941, and its existing licence shall stand revoked on the operative date.

(3) A body of persons shall not be granted a negotiation licence unless, in addition to fulfilling the relevant conditions specified in section 7 of the Trade Union Act, 1941, and section 2 of the Trade Union Act, 1971, as amended by section 21 of this Act, it complies with subsection (2) of section 14 and for this purpose that subsection shall have effect from the passing of this Act.

(4) A body of persons which is a trade union under the law of another country shall not be granted a negotiation licence unless, in addition to fulfilling the conditions referred to in subsection (3) and section 17 of the Trade Union Act, 1975, it forwards, at the time of application for a negotiation licence, a copy of its rules incorporating the provisions referred to in subsection (2) of section 14 to the Registrar of Friendly Societies.

(5) Where the Registrar of Friendly Societies is satisfied, after due investigation, that it is the policy or practice of a trade union registered under the Trade Union Acts, 1871 to 1975, or a trade union under the law of another country persistently to disregard any requirement of the provisions referred to in subsection (2) of section 14 he may issue an instruction to the trade union to comply with the requirement. Where such an instruction is disregarded, the Registrar of Friendly Societies shall inform the Minister and the Minister may revoke the negotiation licence of the trade union concerned.