L.R.O. 1/2012
LAWS OF GUYANA
TRADE UNION RECOGNITION ACT
CHAPTER 98:07
Act
33 of 1997
Amended by 1 of 2009






(inclusive) by L.R.O.
Pages Authorised
Current Authorised Pages
1 – 36 ... 1/2012
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Index
of
Subsidiary Legislation

Page
Trade Union (Certification of Recognition) Regulations 27
(Reg. 8/1999)
Trade Union (Certification of Recognition) Regulations
(Reg. 1/2001)
35
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CHAPTER 98:07
TRADE UNION RECOGNITION ACT
ARRANGEMENT OF SECTIONS
SECTION
PART I
PRELIMINARY
1. Short title.
2. Interpretation
3. Delegation by Minister.
PART II
RECOGNITION AND CERTIFICATION BOARD
4. Establishment of Trade Union Recognition and Certification
Board.
5. Composition of the Board.
6. Secretary and other officers of the Board.
7. Seal of the Board.
8. Remuneration of members of the Board and Secretary.
9. Meetings.
10. Prohibitions as to interest.
11. Duties of the Board.
12. Procedure at hearings, etc.
13. Power to summon witnesses, etc.
14. Power to enter premises.
15. Appointment of committees.
16. Power of the Board to delegate.
17. Board may state case to the High Court.

PART III
CERTIFICATION OF RECOGNITION
18. Application for certification of recognition.
19. Appropriateness of bargaining unit.
20. Determination of recognised union where only one union is involved.

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SECTION
21. Determination of recognised majority union where two or more
unions are involved.
22. Issue and contents of certificate.
23. Compulsory recognition and duty to treat.
24. Record of certification.
25. Offences by trade unions.
26. Offences by employers.
27. Effect of certification as the recognised majority union.
28. New collective agreement of recognised majority union.
29. Limitations on application for certification.
30. Variation of bargaining unit after certification.
31. Poll for continued certification.
32. [Repealed by Act No. 1 of 2009.]
PART IV
PROSECUTIONS
33. Prosecutions.
34. Recovery of fines and wages.
35. Where State is employer.
PART V
RULES, REGULATIONS
36. Rules.
37. Regulations.
__________________________
33 of 1997 An Act to provide for the improvement and promotion of
industrial relations by the establishment of procedures
for the certifying of trade unions as recognised majority
unions and for matters connected therewith.
[16TH NOVEMBER,1998]
TRADE UNION RECOGNITION ACT
CHAPTER 98:07
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Short title.

Interpretation.
[1 of 2009]
1. This Act may be cited as the Trade Union
Recognition Act.
2. (1) In this Act—
“bargaining unit” means that unit of workers determined by
the Board as an appropriate bargaining unit;
“Board” means the Trade Union Recognition and
Certification Board established under section 4;
“collective agreement” means an agreement in writing
between an employer and the recognised majority union
on behalf of workers employed by the employer in a
bargaining unit for which the union is certified,
containing provisions respecting terms and conditions of
employment of the workers and the rights, privileges or
duties of the employer or of the recognised majority
union or of the workers and for the regulation of the
relationship between an employer and the recognised
majority union;
“collective bargaining” means treating and negotiating with a
view to the conclusion of a collective agreement or the
revision or renewal thereof or the resolution of disputes;
“employer” means any person or body of persons, firm,
company, public corporation, public authority, or the
State who or which has entered into a contract to employ
any person and includes, any agent, representative or
manager of such person, body of persons, firm, company,
public corporation, public authority or the State who is
placed in authority over the persons employed;
“lock-out” means action which, in contemplation or
furtherance of a dispute, is taken by one or more
employers, whether parties to the dispute or not, and
which consists of the closing of a place of employment or
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the suspension of work by an employer or the refusal by
an employer to employ or continue to employ any
number of workers;
“recognised majority union” means a trade union certified
under Part III as the bargaining agent for workers
comprised in a bargaining unit;
“the most representative organisations” –
(a) in relation to workers means the most
representative organisations of workers; and
(b) in relation to employers, means the most
representative organisations of employers;
“the relevant date” means such date as the Board considers
appropriate for determining any matter before it under
Part III;
“strike” means a cessation of work, a refusal to work, to
continue to work or to take up work by workers acting
in concert or in accordance with common
understanding and includes any concerted
interruption of work or slowing down by workers
commonly known as a “sit down strike” or “a go-slow”;
“Trade Union” or “Union” means an association registered as
a Trade Union under section 15 of the Trade Unions Act
not being an association or organisation of employers
registered as a Trade Union under this Act;
“undertaking” includes any trade or business or any activity
involving the employment of workers;
“workers” subject to subsection (2) means—
(a) any person who has entered into or works
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c. 39:04

under a contract with an employer to do any
skilled, unskilled manual, technical, clerical
or other work, for hire or reward, whether
such contract be expressed or implied, oral
or in writing, or partly in writing, and
whether it is a contract of service or
apprenticeship or a contract personally to
execute any work or labour; or
(b) any person who by any trade usage or
custom or, as a result of any established
pattern of employment or recruitment of
labour in any business or industry is usually
employed or usually offers himself for an
accepts employment accordingly, and
includes any such person –
(i) who has been dismissed, discharged,
retrenched, suspended, interdicted,
refused employment, or not
employed whether or not in
connection with or in consequences
of, a dispute;
(ii) whose dismissal, discharge,
retrenchment, suspension, inter-
diction or refusal of employment has
led to a dispute; or
(iii) who has ceased to work as a result of
a lock-out or a strike.
(2) For the purpose of this Act, no person shall be
regarded as a worker if he is a member of a disciplined force
referred to in paragraph (a), (b) or (c) of the definition of
“disciplined force” in article 154 of the Constitution, or an
apprentice within the meaning of the Industrial Training Act.

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Delegation by
Minister.
[1 of 2009]

Establishment
of Trade Union
Recognition
and Certifica-
tion Board.

Composition of
the Board.
[1 of 2009]
3. The Minister may delegate to a public officer not
below the level of a Senior Labour Officer in the Ministry
responsible for Labour any of his functions under this Act,
with the exception of the functions conferred by sections 5
and 37(1).
PART II
RECOGNITION AND CERTIFICATION BOARD
4. There is hereby established a Board to be known as
the Trade Union Recognition and Certification Board which
shall be a body corporate.
5. (1) The Board shall consist of seven members, each
appointed for a period of two years, as follows—
(a) a Chairman appointed by the Minister
after consultation with the most
representative organisations of
workers and the most representative
organisations of employers;
(b) three members appointed by the
Minister on the nomination of the
most representative organisations of
workers;
(c) three members appointed by the
Minister on the nomination of the
most representative organisations of
employers.
(2) In respect of each member of the Board (other
than the Chairman) the Minister shall, in like-manner as that
whereby that member was appointed, appoint an alternate
member for a period ending on the date on which the
member in respect of whom he was appointed, ceases to be
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Secretary and
other officers
of the Board.
such a member.
(3) An alternate member may act for the member
in respect of whom he was appointed for such time as that
member is unable to discharge the functions of his office or
for such time as that member is acting as Chairman.
(4) Where the Chairman is for any reason, unable
to carry out his functions under this Act, the Minister may,
after consultation with the most representative organisations
of workers and the most representative organisations of
employers; respectively, appoint a Chairman to act for the
period of his inability to carry out his functions under this
Act, from among the members of the Board.
(5) A member of the Board may at any time resign
his office by writing under his hand addressed to the
Minister, and upon the date of the receipt by the Minister of
such resignation the member shall cease to hold office.
(6) [Repealed by Act No. 1 of 2009]
(7) The Minister shall revoke the appointment of
the Chairman or any other member if the member indulges in
any action that is inimical to the function of the Board, or if
the member is absent without the permission of the Board
from three consecutive meetings of the Board.
(8) The appointment, removal, resignation or death
of any member or alternate member of the Board shall be
notified by the Minister in the Gazette.
(9) No member or alternate member shall be
dismissed or otherwise victimised by his employer on
account only of his being a member of the Board.
6. (1) There shall be a Secretary to the Board who shall
be appointed by the Minister from amongst persons who are
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Seal of the
Board.
Remuneration
of members of
the Board and
Secretary.
Meetings.
public officers.
(2) It shall be the duty of the Minister to provide
the Board with such resources as may from time to time be
required by the Board for the discharge of its functions.
7. (1) The seal of the Board shall be kept in the custody
of the Chairman or the Secretary, as the Board may
determine, and shall be affixed to instruments issued by the
Board or to resolutions of the Board.
(2) The seal of the Board shall be officially and
judicially noticed.
(3) All documents, other than those required to be
under seal, made by, and all decisions of the Board may be
signified under the hand of the Chairman or the Secretary.
8. The Chairman, other members and the Secretary of
the Board shall receive such remuneration as may be
determined by the Minister.
9. (1) The Board shall meet at such times as may be
necessary or expedient for the transaction of its business and
the meetings shall be held at such places and times and on
such days as the Board may determine.
(2) The quorum of the Board shall be the Chairman
and three other members, of whom one shall be a member
appointed under section 5 (1) (c) and one appointed under
section 5 (1) (d).
(3) Where two consecutive meetings have been
summoned within ninety-six hours, each meeting being forty-
eight hours apart and each meeting not having the requisite
quorum specified in subsection (2), for the next meeting
thereafter, any four members shall constitute a quorum.

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Prohibition as
to interest.
10. (1) A member of the Board shall not, so long as he
is in any way directly or indirectly concerned in any matter
before the Board by reason of—
(a) his holding office in, or being a
member of, any union concerned in
the matter; or
(b) being the employer or a director, a
shareholder, partner or manager of
the business of the employer who is
concerned in the matter,
take part in any deliberation or decision of the Board on such
matter or officiate at any poll taken by the Board for the
purpose of determining such matter.
(2) Nothing is subsection (1) (b) shall apply to any
shareholder if the total value of his shareholding does not
exceed such amount, of the total nominal value of the issued
share capital of the company as the rules of procedure of the
Board provide.
(3) It shall be open to any member of the Board
present at any meeting thereof to challenge the entitlement of
any other member of the Board, including the Chairman, to
take part in any deliberation or decision on any matter before
the Board, or to officiate at any poll to be taken by the Board
for the purpose of determining such matter on the ground
that such other member is directly or indirectly concerned in
the matter by reason of any circumstances, referred to in
subsection (1).
(4) Upon any such challenge being taken, the
Board shall enquire into the merits thereof, and, after giving
reasonable opportunity to the member challenged to be heard
in answer thereto, shall determine the challenge by a ruling
which shall be binding and conclusive for all purposes.
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Duties of the
Board.

Procedure at
hearing etc.

Power to
summon
witnesses, etc.
c. 19:03
(5) Where it is shown to the satisfaction of the
Board that a member thereof has failed to comply with the
provisions of this section, the Board may declare void all
proceedings, determinations and other decisions taken or
made on any occasion of such failure, but no proceedings,
determinations or other decisions of the Board taken or made
on any such occasion shall be, or be deemed to be, invalidated
by reason only of such failure, unless the Board so declares.
11. The Board shall be charged with responsibility as
more specifically set out under Part III for the determination
of all applications and matters concerning the certification of
trade unions as recognised majority unions.
12. (1) Every party to a matter before the Board shall
be entitled to appear at any hearing thereof and may be
represented thereat by an attorney-at-law or a duly
authorised representative.
(2) The Board may determine the periods that are
necessary for the fair and adequate presentation of a matter
by the parties thereto, and may require matters to be
presented within any period so determined.
(3) The Board may require or permit evidence or
arguments to be presented either orally or in writing or partly
orally and partly in writing.
(4) Subject to the provisions of this section the
Board may regulate its procedure.
13. (1) For the purpose of dealing with any matter
brought before it the Board shall have all powers, privileges
and immunities as are vested in a commissioner appointed
under the Commissions of Inquiry Act.
(2) Any summons may be issued by the Secretary
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Power to enter
premises.

Appointment
of committees.

Power of the
Board to
delegate.

Board may
of the Board and shall have the same force and effect as a
summons issued under the Commissions of Inquiry Act.
14 (1) The Board or any authorised officer of the Board
may, on giving twenty-four hours notice in writing, enter any
premises for any purpose in relation to the taking of a poll
under this Act.
(2) An officer shall, on demand, produce a duly
authenticated document evidencing his authority to act in
pursuance of subsection (1).
(3) Every person who hinders or molests, or
otherwise interferes with any member of the Board or any
authorised officer in the exercise of any function pursuant to
this Act shall be guilty of an offence and liable on summary
conviction to a fine of twenty-eight thousand dollars and to
imprisonment for six months.
15. (1) The Board may appoint committees from
amongst its members to examine and report to it on any
matter arising out of or connected with any of its powers and
duties under this Act.
(2) The Board may reject the report of any such
committee or adopt it either wholly or with such
modifications, adaptations, qualifications and exceptions as
the Board may think fit.
16. Subject to the provisions of this Act, the Board
may delegate to a committee consisting of the Chairman and
at least two other members, one being a member appointed
under section 5(1)(c) and the other being a member appointed
under section 5(1)(d), authority to carry out such duties and
functions and to exercise such power on its behalf, as it may
determine.
17. (1) The Board may, on the application of any party
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state case to the
High Court.

c. 3:02

Application for
certification of
recognition.
[1 of 2009]
to a, matter before the Board, or on its own motion, state a
case on any point as to the interpretation or application of this
Act or any other written law, for the opinion of the High
Court.
(2) The High Court shall hear and determine all
questions arising on any case stated, and the determination of
the Court on any such questions shall be conclusive for all
purposes.
(3) The statement of facts in any case so stated
shall, for the purpose of the determination thereof, be
conclusive.
(4) The Rules Committee established under section
67 of the High Court Act may make rules regulating the
manner in which the Board may state a case and all other
matters relating to the procedure for hearing and determining
the case.

PART III
CERTIFICATION OF RECOGNITION
18. (1) A trade union that desires to be treated as a
recognised majority union shall apply to the Board in writing
to be so certified in accordance with the provisions of this
Part.
(2) The application shall describe the proposed
bargaining unit in respect of which certification is sought and
shall be in the prescribed form.
(3) The union making the application hereinafter
referred to as the “claimant union” shall serve a copy of the
application on the employer and on the Minister.
(4) The application shall be determined, within
four months of the date of its receipt by the Board, in
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Appropriate-
ness of
bargaining
unit.

Determination
of recognised
union where
only one union
accordance with the following provisions of this Part.
19. (1) When an application is made under section 18,
the Board shall determine the bargaining unit it considers
appropriate (hereafter referred to as the “appropriate
bargaining unit”) and in so doing the Board shall have regard
to –
(a) the community of interest between
the workers in the proposed
bargaining unit including work
location, working hours, work
arrangements and payment systems;
(b) the nature and scope of the duties of
the workers in the proposed
bargaining unit;
(c) the organisational structure of the
employer’s undertaking and the
views of the employer and the trade
union thereon;
(d) the historical development, if any,
of collective bargaining in the
employer’s under-taking; and
(e) any other matter which the Board
considers to be relevant to good
industrial relations.
(2) In considering the appropriateness of a bargaining
unit the Board shall not be restricted by the terms of the
application.
20. (1) Where only one union has applied under
section 18, the Board shall carry out a membership survey to
determine the extent of support which the union enjoys on
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is involved.


Determination
of recognised
majority union
where two or
more unions
are involved.
[1 of 2009]
the date of the application among the workers comprised in
the appropriate bargaining unit.
(2) Where it appears to the Board from the results
of the survey that the union is supported on the date of
application by at least forty per cent of the workers comprised
in the appropriate bargaining unit, the Board shall certify the
union as the recognised majority union for that unit.
(3) In carrying out any membership survey under
this Act the Board shall satisfy itself, by whatever means it
deems appropriate, as to the authenticity of any documents
submitted.
21. (1) [Repealed by Act No. 1/2009]
(2) Where two or more trade unions have applied
under section 18 in relation to the same bargaining unit, the
Board shall carry out a secret poll among workers in the unit
and shall certify as the recognised majority union for the unit
the claimant union which is shown by the poll to have the
greatest support among the workers, provided that no union
shall be certified where less than forty percent of the workers
take part in the ballot.
(3) Where the results of the poll show a tie or are
inconclusive, a second poll shall be carried out within seven
days, and in the event of a second tie or the results being
inconclusive, a further poll shall be conducted within
fourteen days:
Provided that where a certified union is being
challenged and the challenging union satisfies the Board, by
means of a survey, that the support of the challenging union
among the workers in the unit is not less than forty per cent,
the Board shall cause a poll to be taken, but the certificate of
recognition of the challenged union shall not be cancelled
where the challenging union fails to obtain a majority of not
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Issue and
contents of
certificates.

Compulsory
recognition and
duty to treat.
less than forty per cent amongst the workers in the unit.
22. (1) The Board shall issue a certificate under its seal
to the union and to the employer in every case in which it
certifies a trade union as the recognised majority union.
(2) The certificate shall contain a statement of the
following particulars—
(a) the name of the employer and the
trade union thereby certified;
(b) the category or categories of workers
comprised in the bargaining unit;
(c) the number of workers comprised in
the bargaining unit at the relevant
date; and
(d) such other matters as may be
prescribed.
23. (1) Where a trade union obtains a certificate of
recognition for workers comprised in a bargaining unit in
accordance with this Part, the employer shall recognise the
union, and the union and the employer shall bargain in good
faith and enter into negotiations with each other for the
purpose of collective bargaining.
(2) A recognised union which fails to comply with
the provisions of subsection (1) shall be guilty of an offence
and liable on summary conviction to a fine of twenty-eight
thousand dollars.
(3) An employer who fails to comply with the
provisions of subsection (1) shall be guilty of an offence and
liable on summary conviction to a fine of twenty-eight
thousand dollars and in addition, to a fine of five hundred
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Record of
certification.

dollars for every day the breach continues until the employer
has complied with such provisions.
(4) Where a trade union has been certified under
section 22, or has made application for certification under
section 18, an employer who decides to close an undertaking
must give the Board and the concerned trade union—
(a) reasonable notice of his intention;
(b) reasons for his decision; and
(c) the numbers and categories of
workers to be affected.
(5) The union concerned must be consulted before
the final decision to close is taken.
(6) An employer who closes an undertaking
without complying with subsections (4) and (5) shall be guilty
of an offence and shall be liable on summary conviction to a
fine of fifty-six thousand dollars and to imprisonment for six
months.
(7) In any prosecution under subsection (6) the
onus shall be on the employer to prove that he gave the Board
and the union concerned reasonable notice and reasons in
accordance with subsection (4).

24. (1) Every trade union shall keep a record of its
certification made by the Board under section 22, in the
prescribed form for the purposes of this Act.
(2) The production of the record or of a copy of the
relevant portion thereof certified by the Secretary of the Board
shall be admissible in all courts and shall be conclusive proof
of the matters therein stated.

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Offences by
trade unions.
[1 of 2009]

Offences by
employers.
25. (1) (a) Except where the Board has failed to
determine the application within the period of four months
any trade union which in furtherance of a claim to be certified
as the recognised union for the whole or any part of that unit,
induces workers to strike shall be guilty of an offence and
liable on summary conviction to a fine of twenty-eight
thousand dollars.
(b) Subject to subsection (1) (a), any worker
who in furtherance of a claim by union to be certified under
section 22, takes part in a strike shall be guilty of an offence
and liable on summary conviction to a fine of seven thousand
dollars.
(2) Subject to subsection (1) (a), where an offence
has been committed under this section by a trade union with
the consent or connivance of any officer of the union or any
person purporting to act in such capacity, such officer or
person shall be guilty of an offence and liable on summary
conviction to a fine of twenty-eight thousand dollars.
26. (1) No worker shall be dismissed, or have his
employment adversely affected, or his position altered by his
employer, by reason of the circumstances that the worker—
(a) is an officer, delegate or member of a
trade union;
(b) has appeared as a witness or has
given any evidence in proceedings
under this Act; or
(c) has for reasonable cause absented
himself from work without leave after
he has made an application for leave
for the purpose of carrying out his
duties under the Act as an officer or
delegate of a trade union and such
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leave has been unreasonably refused
or withheld.
(2) An employer shall not—
(a) make the employment of a worker
subject to the condition that he shall
or shall not become a member of a
trade union or shall relinquish his
membership of a trade union;
(b) dismiss a worker, or adversely affect
his employment, or alter his position
to his prejudice by reason of his
participation in the activities of a
trade union outside his working
hours;
(c) with intent to dissuade or prevent a
worker from becoming such officer,
delegate or member, or from so
appearing or giving evidence,
threaten to dismiss him, or to affect
his employment adversely or to alter
his position to his prejudice by reason
of the circumstances that the worker
is or proposes to become, an officer,
delegate or member of a trade union,
or that worker proposes to appear as
a witness or to give evidence in any
proceeding under this Act.
(3) An employer who contravenes any of the
provisions of subsection (1) or (2) shall be guilty of an offence
and liable on summary conviction to a fine of twenty-eight
thousand dollars; and the magistrate making the order for
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Effect of
certification as
the recognised
majority
union.

New collective
agreement of
recognised
majority
union.
conviction shall also order that the worker be reimbursed any
wage lost by him and direct that, notwithstanding any rule of
law to the contrary, the worker be reinstated in his former
position or in a similar position with terms and conditions of
employment no less favourable.
27. Where a trade union is certified as the recognised
majority union –
(a) such union shall immediately replace
any other trade union that
immediately before such certification
was the recognised union for the
workers comprised in the bargaining
unit and, subject to paragraph (c),
shall have exclusive authority to enter
into collective bargaining on behalf of
workers in that unit;
(b) if another trade union has previously
been certified in respect of workers
comprised in the bargaining unit, the
certificate of the last mentioned trade
union shall be revoked in respect of
such workers;
(c) if, at the time of certification a
collective agreement is in force, such
trade union shall be substituted as a
party to the agreement in place of the
union that was a party to the
agreement.
28. Where a recognised majority union is
substituted as a party to a collective agreement in accordance
with section 27 (c), the union so substituted as a party to the
collective agreement may submit to the employer proposals
for the revision of the collective agreement or for a new
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Limitation on
application for
certification.
collective agreement and the parties shall bring into effect, the
revised or new collective agreement expeditiously the
collective agreement in force so remaining until a new
collective agreement is signed.
29. (1) No application for certification of
recognition shall be entertained or proceeded with where—
(a) there is a recognised majority union
for the same bargaining unit
described in the application; and
(b) the application is made earlier than
two years after the recognised
majority union obtained certification
as such, but an application may be
made with leave of the Board
although two years have not expired
since the certification was obtained.
(2) Where a union desires to obtain leave of the
Board pursuant to subsection (1) (b) it shall make an
application to the Board for the purpose, and if the Board is
satisfied that good reasons exist for making the application
for certification of recognition before the expiration of the
period of two years, the Board may grant leave accordingly.
(3) In determining whether good reasons exist
under subsection (2), the question, whether the union making
the application to the Board, has the support of more than
fifty per cent of the workers comprised in the bargaining unit
for which the recognised majority union is certified, may be
taken into account, but may not be the sole reason on which
leave is to be granted.
(4) No application for certification of recognition
may be made by a trade union earlier that twelve months
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L.R.O. 1/2012

Variation of
bargaining unit
after certifica-
tion.
from the date when the application made by that union for
certification with respect to the same bargaining unit was last
determined or from the date when its certificate of recognition
was cancelled.
(5) An application for certification of recognition
once made may not be withdrawn, except with leave of the
Board.
(6) Where a union is dissatisfied with the, decision
of the Board made under subsection (2), the union shall have
a right of appeal to the Minister.
30. (1) The bargaining unit and record of certification,
or recognition may be varied in accordance with the
provisions of this section.
(2) Application may be made to the Board, for
variation of the bargaining unit not earlier than one year after
the date of the certificate of recognition.
(3) An application for variation of the bargaining
unit may be made by—
(a) the recognised majority union;
(b) the employer;
(c) workers employed in the bargaining
unit for which the union is certified,
for the exclusion from that bargaining
unit of those workers or any of them
on the ground that it is no longer an
appropriate bargaining unit in so far
as it includes those workers or any of
them; or
(d) workers not so employed but
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Poll for
continued
certification.

Prosecutions.

employed by the same employer, for
their inclusion in the bargaining unit
for which the union is an appropriate
bargaining unit for the inclusion of
those workers.
(4) The Board shall not entertain an application
under subsection 3 (c) unless it is satisfied that not less than
fifty percent of the workers comprised in the bargaining unit
have signified in writing their concurrence in the application.
(5) Where, on an application under subsection (3)
the Board is satisfied, after having considered the
circumstances set out in section 19, that workers should be
excluded from, or included in, a bargaining unit, it may vary
the bargaining unit accordingly and make an order for the
variation of the certification and record thereof, made under
section 22.
(6) The certification of a trade union as a
recognised majority union shall not be affected by reason only
of inclusions in, or exclusions from the bargaining unit
pursuant to the provisions of this section.
31. On an application made by a minimum of forty
per cent of workers in a bargaining unit for which a union is
certified the Board shall cause a poll to be taken to determine
whether the union shall continue to be so certified.
32. [Repealed by Act No. 1 of 2009]
PART IV
PROSECUTIONS
33. Subject to article 187 of the Constitution, no
prosecution shall be commenced for any offence under this
Act unless authorised by the Board.

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L.R.O. 1/2012
Recovery of
fines and
wages.

c. 7:01

Where State is
employer.

Rules.
[1 of 2009]


Regulations.
34. Where any person is convicted for an offence
under this Act, the order imposing any fine, or requiring the
reimbursement of any wages lost, may also direct that the fine
or wages, if not paid in accordance with the order, may be
recovered by levying execution in accordance with the
provisions of Part IV of the Summary Jurisdiction (Petty Debt)
Act, as if the order were a judgement for the payment of
money with the meaning of that Part, and thereupon,
execution may be levied accordingly.
35. Notwithstanding the provisions of this Act, where
the State is the employer the State or any agent or
representative of the State shall not be liable to prosecution
under this Act but an aggrieved party may apply to the High
Court for a declaration and the High Court may make an
order declaratory of the rights of such party.

PART V
RULES, REGULATIONS
36. Subject to this Act and to any regulations made
thereunder, the Board may make rules providing for the form
and manner in which matters may be brought before it and
determined:
Provided that before such rules are made they shall be
sent to the most representative associations of workers and
the most representative associations of employers, trade
unions and employers respectively, for their comments.
37. (1) The Minister may make regulations generally
for carrying out the provisions of this Act, and, without
prejudice to the generality of the foregoing, regulations may –
(a) provide for the conduct of surveys
and polls; and
(b) prescribe anything which is to be
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prescribed under this Act.
(2) A person who contravenes any of the regulations
made under this Act, shall on summary conviction be liable to
a fine of twenty-eight thousand dollars, and in the case of a
continuing offence, to a further fine of two thousand dollars
for each day during which the offence continues.
_______________

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Trade Union Recognition Cap. 98.07 27
SUBSIDIARY LEGISLATION
_________________
Reg. 8/1999 TRADE UNION (CERTIFICATION OF
RECOGNITION) REGULATIONS
made under section 37
Citation.

Interpretation.

Application
for certification
to be made to
Board.
Form 1
Schedule.
Requirements
for poll.
1. These Regulations may be cited as the Trade Union
(Certification of Recognition) Regulations.
2. In these Regulations –
"poll" means a poll conducted under Part II or III;
"Board" means the Trade Union Recognition and
Certification Board established under section 4.
3. Every Trade union desiring to obtain certification of
recognition in respect of a bargaining unit shall make
application to the Board in Form I in the Schedule.
4. (1) An employer of workers in respect of whom
certification of recognition is being applied for by a trade
union shall in every case where a poll in connection
therewith is to be conducted, provide adequate
accommodation on premises under his control for the
conduct of such poll.
(2) On the day or days on which the poll is
conducted, the employer shall permit every worker eligible
to take part in the poll to be absent from work during the
conduct of the poll for one hour or such longer period as the
Board may specify and his permitted absence during the
conduct of the poll shall be in addition to the normal period
L.R.O. 1/2012
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Certain acts
prohibited in or
near premises
where poll
conducted.
allowed for any meal or off time.
(3) An employer shall make no deduction from the
pay of any worker or impose any other penalty on him in
respect of any period for which the worker is permitted to
be absent from work during the conduct of the poll.
(4) Any person who -
(a) is comprised in or is responsible for
the management of any undertaking
or business or department thereof; or
(b) holds office in a trade union, shall not
unless he is nominated by the
employer or the trade union to be an
official agent as approved by the
Board under its rules, be within the
immediate vicinity of the place where
any polling is being conducted.
5. (1) During the hours that a poll is being
conducted –
(a) no person shall, on any premises on
which such poll is being conducted,
or upon any, road or in any place,
within one hundred yards of such
premises, seek by any means
whatever to influence a worker to
vote or to refrain from voting for a
trade union;
(b) no person other than those waiting to
vote, or persons authorised or
permitted by the rules of the Board
or these Regulations to be present at
the conduct of the poll shall assemble
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Bribery.
or congregate on any premises in
which a poll is being conducted or
within one hundred yards of such
premises.
(2) No person shall seek to ascertain how any
individual worker intends to vote or has voted.
(3) Any person who contravenes or fails to comply
with sub-regulation (1) or (2) is guilty of an offence.
6. (1) A person is guilty of an offence who directly
or indirectly, by himself or by any other person on his behalf
-
(a) gives any money or procures any
office to or for any worker or to or for
any other person on behalf of any
worker or to or for any other person
in order to induce any worker to vote
or refrain from voting or to reward
any worker for having voted or for
having refrained from voting:
(b) makes gift or procurement within the
meaning of paragraph (a) to or for
any person in order to induce that
person to procure, or endeavour to
procure, the selection of any union, or
the vote of any worker in respect of
any matter for which the poll is being
conducted or if upon or in
consequence of any such gift or
procurement, he procures or engages,
promises or endeavours the selection
of any union making the claim as
aforesaid or the vote of any worker.

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Treating.

Board to issue
certificate to
recognised
majority Union.
(2) A worker is guilty of an offence who before or
during the conduct of a poll directly or indirectly by himself
or by any other person on his behalf, receives, agrees to
receive or contracts for any money, gift, loan or valuable
consideration, office, place of employment for himself or for
any other person for voting or agreeing to vote or for
refraining or agreeing to refrain from voting.
(3) A person is guilty of an offence, who, after the
conduct of a poll directly or indirectly by himself or by any
other person on his behalf, receives any money or valuable
consideration on account of any person having voted or
refrained from voting or having induced any other person to
vote or refrain from voting.
(4) A person guilty of an offence against this
regulation is liable on summary conviction, to a fine of
twenty thousand dollars.
7. A person is guilty of an offence who corruptly by
himself or any other person on his behalf; either before,
during or after the conduct of a poll, directly or indirectly
gives or provides or pays wholly or in par the expenses of
giving or providing any food, drink, entertainment or
provision to or for any person –
(a) for the purpose of corruptly
influencing that person or any other
person to vote or refrain from voting
at such conduct of the poll; or
(b) on account of that person or any other
person having voted or refrained
from voting.
8. Where the Board determines an application for
certification of recognition and is satisfied that the applicant
trade union should be certified as the recognised majority
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[Subsidiary] Trade Union (Certification of Recognition) Regulations
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Form 2
Schedule.

Board to issue
certificate of
recognition to
trade unions
recognised as
bargaining
agents at
commencement
of the act.
Form 3
Schedule.
Defacement of
noticed
prohibited.
union, it shall issue to that trade union a certificate in Form
2 in the Schedule.
9. Every trade union that at the commencement of the
Act is entitled in accordance with section 32 to be treated as
the recognized majority union in respect of a bargaining
unit shall be issued by the Board a certificate in Form 3 in
the Schedule.


10. Any person who alters, defaces or removes any
notice posted by the Board in accordance with its rules is
guilty of an offence.
Offences and
penalties.
Reg. 3
11. A person who contravenes or fails to comply with
any of these Regulations is guilty of an offence and, save in
the case of an offence against regulation 6 is liable on
summary conviction to a fine of twenty thousand dollars
and in the case of a continuing offence to a further fine of
one thousand dollars for each day the offence continues.
SCHEDULE
FORM 1
TRADE UNION (CERTIFICATION OF RECOGNITION)
REGULATIONS
Application for Certification of Recognition
1. Name of Claimant Union……………………......................
2. Registered or Business Address ..........................................
3. Name of Employer ..................................................................
...........................................................................................................
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Address ......................................................................... ..........
(a) Description of the bargaining unit for which certification
is sought...........................................................................................
......................................................................................................
...........................................................................................................
(b) The location (s) at which the workers in the above-
mentioned bargaining unit normally work:...........................
...........................................................................................................
...........................................................................................................
Approximate number of workers comprised in the
bargaining unit for which the claimant union seeks
certification:
..........................................................................................................
4. Approximate number of workers comprised in the
bargaining unit for which the claimant union seeks
certification………………………………………………………
5. Approximate total number of workers employed in the
undertaking of which the proposed bargaining unit forms a
part………………………………………………………………..
6. Give the name of any other Trade Union representing or
claiming to represent for collective bargaining purposes any
or all of the workers covered by this application……………
……………………………………………………………………
7. (a) Is there any existing or recently expired Collective
Agreement pertaining to any or all of the workers covered
by this application?....................................................................
(b) If known, give date of termination of Agreement……
…………………………………………………………………..

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Reg. 8
8. Other relevant statements (attach pages if necessary)........
……………………………………………………………………...
The CLAIMANT UNION, hereby makes application
pursuant to section 18 of the Act, to be certified by the Trade
Union Recognition and Certification Board as the
recognized majority union in respect of the workers in the
bargaining unit hereinbefore described.
Made and signed on behalf of the Claimant Unit this
day of 20 .
Signature………………………
Office Held…………………….
_______________
FORM 2
TRADE UNION (CERTIFICATION OF RECOGNITION)
REGULATION.
Certificate issued to Recognised Majority Union
Issued this............................. day of ..............................20..........
By virtue of and pursuant to the authority vested in it by
section 22 of the Trade Union Recognition Act, Cap. 98:07
the Trade Union Recognition and Certification Board hereby
certifies......................................................................................... ...
(Name of Union)
as the recognised majority union in respect of the workers
employed by:
...........................................................................................................
(Name of Employer)
and comprised in a bargaining unit as hereunder described:
...........................................................................................................
...........................................................................................................
...........................................................................................................
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Reg. 9
The number of workers in the bargaining unit aforesaid as
at the relevant date, that is to say the .................day of ...........
...................20.......was ……….......................................................
...........................................................................................................
This Certificate is effective from the ...........day of
….....................20….
............................................
Chairman
(Seal of Board) .............................................
Secretary
_______________
FORM 3
TRADE UNION (CERTIFICATION OF RECOGNITION)
REGULATIONS
Certificate issued to Recognised Majority Union
Issued this.........................day of...........................20 ...
Pursuant to the provisions of section 32 of the Trade Union
Recognition Act, Cap. 98:07, the Trade Union Recognition
and Certification Board hereby certifies:
...........................................................................................................
(Name of Union)
as the recognised majority Union in respect of the workers
employed by:
...........................................................................................................
comprised in a bargaining unit as hereunder described
...........................................................................................................
...........................................................................................................
...........................................................................................................
...........................................................................................................
The Union and the Employer herein mentioned are parties
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Reg. 1/2001
Citation.
Interpretation.
Employers to
submit records.
to a Collective Agreement dated
...........................................................................................................
...........................................
Chairman
…………………………
(Seal of Board) Secretary
________________
TRADE UNION (CERTIFICATION OF
RECOGNITION) REGULATIONS
made under section 37
1. These Regulations may be cited as the Trade Union
(Certification of Recognition) Regulations.
2. In these Regulations –
“Board" has the same meaning as in Section 2 of the Act.
3. (1) An employer in respect of whose employees
certification of recognition is applied for by a trade union
shall, in every case where a membership survey or poll in
connection therewith is to be conducted, submit to the
Board, on request, a list showing the names and
designations of the employees in the appropriate bargaining
unit in employment on the date specified in the request and
such other information as may be requested.
(2) Where the membership survey is in pursuance
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Authenticity of
documents.

Determination
of support of
unions in a
challenge.
of a challenge to a certified union that has a check off
agreement with the employer, the employer shall, in
addition to other documents, submit to the Board a true and
accurate copy of the relevant records showing clearly those
workers who paid union dues under the check off system,
and where imposed by agreement, those workers from
whom agency fees were deducted for the pay period
indicated.
(3) An employer who fails to submit on request
any information or records by the specified date is guilty of
an offence.
4. (1) It is an offence to supply incomplete, inaccurate,
false or forged documents to the Board.
(2) Where, in examining the authenticity of any
document submitted to it, the Board upon investigation has
reasons to believe that it is forged, the Board shall inform
the concerned parties and shall refer such document to the
Law Officers for advice.
5. Where a certified union has a check off agreement
with an employer, and the number of workers who paid
dues to it on the last payday prior to the receipt of the
application of any challenging union is over sixty percent of
the bargaining unit, the status of the challenged union shall
remain unchanged.
_____________________