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22 1941

TRADE UNION ACT, 1941

PART II.

Licensing of Bodies Carrying on Negotiations for Fixing Wages or Other Conditions of Employment.

Definitions for purposes of Part II.

5. —(1) In this Part of this Act the expression “negotiation licence” means a licence issued by the Minister under this Part of this Act and authorising its holder to carry on negotiations for the fixing of wages or other conditions of employment.

(2) In this Part of this Act and the Schedule to this Act, the word “members”, where applicable in respect of a body not registered under the Trade Union Acts, 1871 to 1935, means members of such body resident within the State.

Restrictions on carrying on of negotiations for fixing of wages, etc.

6. —(1) It shall not be lawful for any body of persons, not being an excepted body, to carry on negotiations for the fixing of wages or other conditions of employment unless such body is the holder of a negotiation licence.

(2) Where any body of persons acts in contravention of this section, the members of the committee of management or other controlling authority of such body and such of the officers of such body as consent to or facilitate such act shall each be guilty of an offence under this section and shall each be liable on summary conviction thereof to a fine not exceeding ten pounds, together with, in the case of a continuing offence, a further fine not exceeding one pound for every day during which the offence is continued.

(3) In this section the expression “excepted body” means any of the following bodies, that is to say:—

(a) a body which carries on negotiations for the fixing of the wages or other conditions of employment of its own (but no other) employees,

(b) a body which is registered under the next following sub-section of this section,

(c) a civil service staff association recognised by the Minister for Finance,

(d) an organisation of teachers recognised by the Minister for Education,

(e) the Agricultural Wages Board,

(f) a trade board established under the Trade Board Acts, 1909 and 1918, and

(g) a body in respect of which an order under sub-section (6) of this section is for the time being in force.

(4) The Minister shall, for the purposes of this section, maintain a register and shall enter therein the name of any body which—

(a) applies to the Minister for registration therein, and

(b) accompanies its application by a fee of one pound, and

(c) satisfies the Minister that—

(i) it consists of persons who are usually employed in a particular form of work and are usually employed by the same employer, and

(ii) it carries on negotiations for the fixing of wages or other conditions of employment with that employer only.

(5) All fees under the immediately preceding sub-section of this section shall be collected and taken in such manner as the Minister for Finance directs, and shall be paid into or disposed of for the benefit of the Exchequer in accordance with the directions of the said Minister, and the Public Offices Fees Act, 1879, shall not apply in respect of any such fee.

(6) The Minister may by order declare that this section shall not apply in respect of any particular body of persons.

(7) The Minister may by order (which shall come into operation on a specified date not earlier than one month after it is made) revoke any order under the next preceding sub-section of this section.

(8) Nothing in this section shall render it unlawful for any person or group of persons to mediate in a trade dispute or to bring together the parties in a trade dispute with a view to reaching an amicable settlement.

(9) This section shall come into operation on such date not earlier than six months after the passing of this Act as the Minister by order appoints for that purpose.

Restrictions on grant and holding of negotiation licence.

7. —(1) No body of persons shall be granted or hold a negotiation licence unless it is a body (in this Act referred to as an authorised trade union) which fulfils the following conditions, that is to say:—

(a) that either it is registered under the Trade Union Acts, 1871 to 1935, or, if not so registered, it is a trade union under the law of another country and its headquarters control is situated in that country, and

(b) that it has deposited and, subject to the provisions of this Act, keeps deposited with the High Court the appropriate sum.

(2) In this section the expression “the appropriate sum” means the sum appropriate to the number of members of the relevant body in accordance with the Schedule to this Act.

Variation of Schedule to this Act.

8. —(1) Where—

(a) the Emergency Powers Act, 1939 (No. 28 of 1939) is in force, and

(b) the Minister is satisfied that, as regards any particular trade union registered under the Trade Union Acts, 1871 to 1935, it would, on account of abnormal conditions referable to the war in which the United Kingdom of Great Britain and Northern Ireland is now engaged, cause undue hardship if such trade union were compelled to make and keep with the High Court the full deposit specified by the next preceding section,

the Minister may by order declare that every sum of money mentioned in the Schedule to this Act shall, as regards such trade union, be deemed to be reduced to such extent not exceeding seventy-five per cent. as the Minister thinks proper.

(2) An order under sub-section (1) of this section shall have effect in accordance with its terms for the period specified in that behalf therein, save that no such order shall have effect after the expiration of twelve months after the Emergency Powers Act, 1939 (No. 28 of 1939), has ceased to be in force.

(3) The Minister may by order, made after six months' notice of the making thereof has been given to the trade union concerned, revoke any order previously made by him under sub-section (1) of this section.

Application for negotiation licence.

9. —(1) Any authorised trade union may apply to the Minister for a negotiation licence.

(2) Every application for a negotiation licence shall be made in the prescribed form, shall contain the prescribed particulars, and shall be accompanied by the prescribed documents and by a fee of one pound.

(3) All fees under this section shall be collected and taken in such manner as the Minister for Finance directs, and shall be paid into or disposed of for the benefit of the Exchequer in accordance with the directions of the said Minister.

(4) The Public Offices Fees Act, 1879, shall not apply in respect of any fee under this section.

Grant of negotiation licence.

10. —Where application is duly made for a negotiation licence and the applicant is shown to the satisfaction of the Minister to be an authorised trade union, the Minister shall grant such licence.

Restriction on application of certain enactments.

11. —(1) Sections 2, 3 and 4 of the Trade Disputes Act, 1906, shall apply only in relation to authorised trade unions which for the time being are holders of negotiation licences and the members and officials of such trade unions, and not otherwise.

(2) This section shall come into operation on the same date as section 6 of this Act comes into operation.

Obligations of holder of negotiation licence where holder is a registered trade union.

12. —(1) Whenever and so long as any authorised trade union registered under the Trade Union Acts, 1871 to 1935, is the holder of a negotiation licence, the following provisions shall have effect, that is to say:—

(a) such trade union shall include in its rules provisions specifying the conditions of entry into and cesser of membership of such trade union,

(b) such trade union shall maintain at its office a register of its members (including former members other than those dead and those who have been non-members for more than five years or since before the grant of such negotiation licence) and such register shall, as regards each member, show—

(i) his name and address,

(ii) the date of commencement of his membership,

(iii) where his membership has ceased, the date of the cesser and whether it was caused by resignation, suspension, expulsion, or otherwise, and

(iv) where his membership has ceased by suspension or expulsion, the date of the order directing and a reference to the rule or other provision authorising such suspension or expulsion,

(c) such trade union shall, in accordance with regulations to be prescribed by the Minister, keep at its office such register of members open for inspection by any interested person who pays such fee, not exceeding five shillings in respect of each day (or part of a day) during which the inspection continues, as such trade union determines, and

(d) a person who ceases, otherwise than by death, to be a member of such trade union shall, for the purposes of this Act, be deemed to continue to be a member thereof for one month after such cesser.

(2) If any authorised trade union in respect of which this section applies fails to comply with any requirement of this section, such trade union and such of the officers thereof as consent to or facilitate such failure shall each be guilty of an offence under this section and shall each be liable on summary conviction thereof to a fine not exceeding five pounds together with, in the case of a continuing offence, a further fine not exceeding one pound for every day during which the offence is continued.

(3) Any person may apply to the Minister for an authorisation in writing to inspect any register of members of a trade union kept in pursuance of this section and the Minister, if satisfied that the applicant has a bona fide interest in inspecting such register, shall issue to the applicant an authorisation such as aforesaid in respect of such period as the Minister thinks proper.

(4) In this section—

the word “office” means, in relation to a trade union, the office which for the time being is the registered office of such trade union for the purposes of the Trade Union Acts, 1871 to 1935;

the expression “interested person” means, in relation to a register of members of a trade union—

(a) any person having an interest in the funds of such trade union, or

(b) any officer of the Minister authorised by the Minister in writing to inspect such register, or

(c) during the period in respect of which an authorisation under sub-section (3) of this section is issued in relation to such register, the person specified in the authorisation.

Obligations of holder of negotiation licence where holder is not a registered trade union.

13. —(1) Whenever and so long as any authorised trade-union not registered under the Trade Union Acts, 1871 to 1935, is the holder of a negotiation licence, the following provisions shall have effect, that is to say:—

(a) such trade union shall include in its rules or constitution provisions specifying the conditions of entry into and cesser of membership of such trade union by persons resident within the State,

(b) such trade union shall have and maintain an office within the State for the purposes of this Act and shall give notice in writing to the Minister of the situation of such office and of every change thereof,

(c) such trade union shall maintain at the said office a register of its members (including former members other than those dead and those who have been non-members for more than five years or since before the grant of such negotiation licence) and such register shall, as regards each such member, show—

(i) his name and address,

(ii) the date of commencement of his membership,

(iii) where his membership has ceased, the date of the cesser and whether it was caused by resignation, suspension, expulsion or otherwise, and

(iv) where his membership has ceased by suspension or expulsion, the date of the order directing and a reference to the rule or other provision authorising such suspension or expulsion,

(d) such trade union shall, in accordance with regulations to be prescribed by the Minister, keep at the said office such register of members open for inspection by any interested person who pays such fee, not exceeding five shillings in respect of each day (or part of a day) during which the inspection continues, as such trade union determines,

(e) such trade union shall from time to time as occasion requires give notice in writing to the Minister of the name of a person ordinarily resident in the State whom it considers suitable for accepting service of documents on its behalf and any document whatsoever (whether for the purposes of this Act or for any other purposes) may be served on such trade union by enclosing it in an envelope addressed to such person at the said office and by delivering such envelope at the said office or by sending it thereto by registered post, and such document shall thereupon be deemed for all purposes to have been properly served on such trade union,

(f) such trade union shall give notice in writing to the Minister of every of the following changes not later than twenty-one days after the making thereof, that is to say:—

(i) every change in its rules or constitution,

(ii) every change in its committee of management or other controlling authority,

(iii) every change in its trustees, and

(iv) every change of its secretary or other principal officer, and

(g) a person who ceases, otherwise than by death, to be a member of such trade union shall, for the purposes of this Act, be deemed to continue to be a member thereof for one month after such cesser.

(2) If there is, in relation to any authorised trade union in respect of which this section applies, a failure to comply with any requirement of this section, such of the members and officers thereof as consent to or facilitate such failure shall each be guilty of an offence under this section and shall each be liable on summary conviction thereof to a fine not exceeding five pounds together with, in the case of a continuing offence, a further fine not exceeding one pound for every day during which the offence is continued.

(3) Any person may apply to the Minister for an authorisation in writing to inspect any register of members of a trade union kept in pursuance of this section and the Minister, if satisfied that the applicant has a bona fide interest in inspecting such register, shall issue to the applicant an authorisation such as aforesaid in respect of such period as the Minister thinks proper.

(4) In this section the expression “interested person” means, in relation to a register of members of a trade union—

(a) any person having an interest in the funds of such trade union, or

(b) any officer of the Minister authorised by the Minister in writing to inspect such register, or

(c) during the period in respect of which an authorisation under sub-section (3) of this section is issued in relation to such register, the person specified in the authorisation.

General provisions in relation to deposits under this Part of this Act.

14. —The following provisions shall apply and have effect in relation to deposits made with the High Court in pursuance of this part of this Act, that is to say:—

(a) every such deposit shall be made with the privity of the Accountant of the Courts of Justice and shall, when made, be under the control of the High Court;

(b) any such deposit may, in lieu of being made wholly in money, be made wholly or partly by the deposit of securities authorised by Rules of Court for the investment of moneys under the control of the High Court;

(c) where any such deposit is made wholly or partly in money, such money shall, at the request of the depositor, be invested in such securities so authorised as the depositor shall specify;

(d) the income derived from the securities in which such deposit is for the time being invested shall be paid to the depositor;

(e) the said securities or all or any of them shall, at the request and cost of the depositor, be varied into any other securities authorised as aforesaid and specified by the depositor;

(f) the depositor may at any time apply for the return, in whole or in part, of the deposit or so much thereof as has not been paid out in pursuance of an order of the High Court under this Part of this Act;

(g) where such application has been duly made, the deposit or so much thereof as has not been paid out as aforesaid shall be returned, in whole or in part, in accordance with such application upon or as soon as conveniently may be after the expiration of three months from the making of such application and, immediately after such return, the Minister shall be informed thereof;

(h) the following matters shall be governed by Rules of Court and no order of the High Court shall be required in connection with any of them, that is to say, payment of income from the securities in which the deposit is invested, the variation of such securities, and the return of the deposit.

Change of deposit consequent on change of number of members.

15. —(1) On or within one month after every third anniversary of the making by an authorised trade union of a deposit under this Part of this Act, such trade union shall send to the Minister a statement of the number of its members on such anniversary and, if it is necessary to increase or reduce such deposit by any amount in order to make it equal to the appropriate sum, such trade union shall, not later than four months after such anniversary, increase such deposit by such amount or apply for the return out of such deposit of such amount (as the case may require).

(2) If, in relation to any trade union required to send a statement under this section, there is a failure to send a statement or there is sent a wilfully false statement, such of the members and officers of the trade union as consent to or facilitate the failure to send a statement or the sending of the false statement and, in the case of a trade union registered under the Trade Union Acts, 1871 to 1935, the trade union itself shall each be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds.

(3) Save in pursuance of this section, a trade union shall not, on account of a change in the number of its members, change the amount of a deposit maintained under this Part of this Act.

(4) In this section the expression “the appropriate sum” used in relation to an authorised trade union which sends to the Minister a statement of the number of its members means the sum appropriate to that number of members in accordance with the Schedule to this Act.

Payment of judgment debts out of deposits.

16. —(1) Whenever a Court makes an order, decree, or judgment for the payment of money by a trade union which is the holder of a negotiation licence to any person, the High Court may, on the application in a summary manner of such person, order such money (with or without the costs of such application) to be paid to such person out of the deposit maintained by such trade union under this Part of this Act.

(2) Whenever, in pursuance of an order made by the High Court under this section, any money is paid out of a deposit maintained under this Part of this Act, the Accountant of the Courts of Justice shall forthwith determine the value of the balance remaining of such deposit (securities being calculated at their current market value) and, if such balance falls short of the full proper amount of such deposit, he shall give to the trade union concerned notice in writing of such deficiency and of the amount thereof.

(3) If, when a notice of deficiency of deposit is given in pursuance of the next preceding sub-section of this section, the trade union concerned, not more than three months after receiving such notice, deposits with the High Court a sum equal to the amount of the deficiency stated in such notice, the sum so deposited shall be added to and treated as part of the said deposit and such trade union shall be deemed to have maintained such deposit at its full proper amount.

Revocation of negotiation licence.

17. —The Minister may by order revoke any negotiation licence if he is satisfied that the holder thereof has ceased to be an authorised trade union.