The Trade Union and Labour Relations (Northern Ireland) Order 1995

Link to law: http://www.legislation.gov.uk/nisi/1995/1980/contents

Introductory Text

PART I INTRODUCTORY

1.Title and commencement
2.Interpretation

PART II TRADE UNION ADMINISTRATION

Register of members' names and addresses

3.Duty to maintain register of members' names and addresses
4.Securing confidentiality of register during ballots
5.Remedy for failure: application to Certification Officer
6.Remedy for failure: application to High Court

Financial affairs of unions, etc.

7.Annual return to include additional information
8.Statement to members following annual return
9.Investigation of financial affairs
10.Offences
11.Disqualification of offenders

PART III ELECTIONS FOR CERTAIN POSITIONS

Duty to hold elections
12.Duty to hold elections for certain positions

Requirements to be satisfied with respect to elections

13.Candidates
14.Election addresses
15.Appointment of independent scrutineer
16.Entitlement to vote
17.Voting
18.Counting of votes etc. by independent person
19.Scrutineer's report
20.Uncontested elections

Remedy for failure to comply with requirements

21.Remedy for failure to comply with requirements: general
22.Application to Certification Officer
23.Application to High Court

Supplementary

24.Exemption of newly-formed trade unions, etc.
25.Exemption of certain persons nearing retirement
26.Period for giving effect to election
27.Overseas members
28.Other supplementary provisions

PART IV RIGHTS IN RELATION TO TRADE UNION MEMBERSHIP

Right to a ballot before industrial action
29.Right to a ballot before industrial action

Right not to be denied access to the courts
30.Right not to be denied access to the courts

Right not to be unjustifiably disciplined

31.Right not to be unjustifiably disciplined
32.Meaning of “unjustifiably disciplined”
33.Complaint of infringement of right
34.Further remedies for infringement of right

Right not to suffer deduction of unauthorised union subscriptions

35.Right not to suffer deduction of unauthorised subscriptions
36.Complaint of infringement of rights

Right to terminate membership of union
37.Right to terminate membership of union

Right not to be expelled from trade union

38.Right not to be expelled from union
39.Time limit for proceedings
40.Remedies
41.Interpretation and other supplementary provisions

Arts. 42, 43 rep. by 1996 NI 16

Supplementary
44.Membership of constituent or affiliated organisation

PART IVA COLLECTIVE BARGAINING: RECOGNITION

44A.Recognition of trade unions
44B.Training
44C.Article 44B: complaint to industrial tribunal

PART V APPLICATION OF FUNDS FOR POLITICAL OBJECTS

Restriction on use of funds for certain political objects

45.Restriction on use of funds for political objects
46.Political objects to which restriction applies
46A.Application of funds in breach of Article 45

Political resolution

47.Passing and effect of political resolution
48.Approval of political ballot rules
49.Appointment of independent scrutineer
50.Entitlement to vote
51.Voting
52.Counting of votes etc. by independent person
53.Scrutineer's report
54.Remedy for failure to comply with ballot rules: general
55.Application to Certification Officer
56.Application to High Court

The political fund

57.Rules as to political fund
58.Assets and liabilities of political fund
59.Contributions to the political fund from members of the union

Duties of employer who deducts union contributions

60.Employer not to deduct contributions where member gives certificate
61.Complaint in respect of employer's failure
Art. 62 rep. by 1998 NI 8

Position where political resolution ceases to have effect

63.Administration of political fund where no resolution in force
64.Discontinuance of contributions to political fund
65.Rules to cease to have effect

Supplementary

66.Manner of making union rules
67.Effect of amalgamation
68.Overseas members
Art. 69 rep. by 1999 NI 9
70.Meaning of “date of the ballot”
71.Application to Great Britain unions and members
72.Application of Part V to certain bodies

PART VI AMALGAMATIONS AND SIMILAR MATTERS

Amalgamation or transfer of engagements

73.Amalgamation or transfer of engagements
74.Approval of instrument of amalgamation or transfer
75.Notice to be given to members
76.Requirement of ballot on resolution
77.Appointment of independent scrutineer
78.Entitlement to vote
79.Voting
80.Counting of votes etc. by independent person
81.Scrutineer's report
82.Registration of instrument of amalgamation or transfer
82A.Listing and certification after amalgamation
82B.Supply of information by amalgamated union
83.Power to alter rules of transferee union for purposes of transfer
84.Complaints as regards passing of resolution
Art. 85 rep. by 1999 NI 9
86.Transfer of property on amalgamation or transfer
87.Amalgamation or transfer involving Great Britain union

Change of name
88.Change of name of trade union

Supplementary

89.General power to make regulations
90.Application of Part VI to employers' associations

PART VIA BREACH OF RULES

90A.Right to apply to Certification Officer
90B.Declarations and orders

Part VII rep. by 1999 NI 9
Part VII rep. by 1999 NI 9

PART VIII INDUSTRIAL ACTION

Protection of acts in contemplation or furtherance of trade dispute

97.Protection from certain tort liabilities
98.Peaceful picketing
99.Restrictions on grant of injunctions

Action excluded from protection

100.Action to enforce trade union membership
101.Action taken because of dismissal for taking unofficial action
102.Secondary action
103.Pressure to impose union recognition requirement

Requirement of ballot before action by trade union

104.Requirement of ballot before action by trade union
105.Notice of ballot and sample voting paper for employers
106.Appointment of independent scrutineer
107.Exclusion for small ballots
108.Entitlement to vote
109.Separate workplace ballots
109A.Separate workplaces: single and aggregate ballots
110.Voting
111.Conduct of ballot
112.Information as to result of ballot
113.Employers to be informed of ballot result
114.Scrutineer's report
115.Overseas members
115A.Inducement of member denied entitlement to vote
115B.Small accidental failures to be disregarded
116.Calling of industrial action with support of ballot
117.Period after which ballot ceases to be effective
118.Notice to employers of industrial action
119.Construction of references to contract of employment

Industrial action affecting supply of goods or services to an individual

120.Industrial action affecting supply of goods or services to an individual
Arts. 121, 122 rep. by 1999 NI 9

No compulsion to work
123.No compulsion to work

Criminal offences

124.Breach of contract involving injury to persons or property
125.Intimidation or annoyance by violence or otherwise
126.Restriction of offence of conspiracy

Supplementary

127.Meaning of “trade dispute” in Part VIII
128.Crown employees and contracts
129.Minor definitions

Part IX rep. by 1999 NI 9
Part IX rep. by 1999 NI 9

PART X MISCELLANEOUS AMENDMENTS

Art. 136 rep. by 1996 NI 16

Liability of trade union in certain proceedings in tort
137.Liability of trade union in proceedings in tort

The Agency

138.Functions of the Agency
139.Fees for exercise of functions by Agency

Ballots
140.Ballots: repeal of provisions for financial assistance and use of employers' premises

PART XI MISCELLANEOUS AND GENERAL

Crown employment, etc.

141.Crown employment
142.Armed forces
143.Exemption on grounds of national security

Health service practitioners
144.Health service practitioners

Police service
145.Police service

Contracting out, etc.

146.Restriction on contracting out
147.Employment governed by foreign law

Art.148 rep. by 1996 NI 18

Regulations and orders
149.Regulations and orders

Amendments, transitional provisions and repeals
150.Amendments, transitional provisions and repeals

SCHEDULES

Schedule 1 rep. by 1996 NI 16

SCHEDULE 1A
COLLECTIVE BARGAINING: RECOGNITION

PART I RECOGNITION

Introduction

1.A trade union (or trade unions) seeking recognition to be...
2.(1) This paragraph applies for the purposes of this Part....
3.(1) This paragraph applies for the purposes of this Part....

Request for recognition

4.(1) The union or unions seeking recognition must make a...
5.The request is not valid unless it is received by...
6.The request is not valid unless the union (or each...
7.(1) The request is not valid unless the employer, taken...
8.The request is not valid unless it—
9.The Department may by order prescribe the form of requests...

Parties agree
10.(1) If before the end of the first period the...

Employer rejects request
11.(1) This paragraph applies if— (a) before the end of...

Negotiations fail
12.(1) Sub-paragraph (2) applies if— (a) the employer informs the...

Acceptance of applications

13.The Court must give notice to the parties of receipt...
14.(1) This paragraph applies if— (a) two or more relevant...
15.(1) This paragraph applies to these applications—

Withdrawal of application
16.(1) If an application under paragraph 11 or 12 is...

Notice to cease consideration of application
17.(1) This paragraph applies if the Court has received an...

Appropriate bargaining unit

18.(1) If the Court accepts an application under paragraph 11(2)...
18A.(1) This paragraph applies if the Court accepts an application...
19.(1) This paragraph applies if— (a) the Court accepts an...
19A.(1) This paragraph applies if— (a) the Court accepts an...
19B.(1) This paragraph applies if the Court has to decide...

Union communications with workers after acceptance of application

19C.(1) This paragraph applies if the Court accepts an application...
19D.(1) An employer who is informed by the Court under...
19E.(1) During the initial period, the appointed person must if...
19F.(1) If the Court is satisfied that the employer has...

Union recognition

20.(1) This paragraph applies if— (a) the Court accepts an...
21.(1) This paragraph applies if— (a) the Court accepts an...
22.(1) This paragraph applies if— (a) the Court proceeds with...
23.(1) This paragraph applies if— (a) the Court proceeds with...
24.(1) This paragraph applies if the Court gives notice under...
25.(1) This paragraph applies if the Court arranges under paragraph...
26.(1) An employer who is informed by the Court under...
27.(1) If the Court is satisfied that the employer has...
27A.(1) Each of the parties informed by the Court under...
27B.(1) A party may complain to the Court that another...
27C.(1) This paragraph applies if the Court decides that a...
27D.(1) This paragraph applies if the Court issues a declaration...
27E.(1) This paragraph applies if the Court issues a declaration...
27F.(1) This paragraph applies if the Court gives a notice...
28.(1) This paragraph applies if the holding of a ballot...
29.(1) As soon as is reasonably practicable after the Court...

Consequences of recognition

30.(1) This paragraph applies if the Court issues a declaration...
31.(1) This paragraph applies if an application for assistance is...

Method not carried out
32.(1) This paragraph applies if— (a) the Court issues a...

General provisions about admissibility

33.An application under paragraph 11 or 12 is not admissible...
34.An application under paragraph 11 or 12 is not admissible...
35.(1) An application under paragraph 11 or 12 is not...
36.(1) An application under paragraph 11 or 12 is not...
37.(1) This paragraph applies to an application made by more...
38.(1) This paragraph applies if— (a) the Court accepts a...
39.(1) This paragraph applies if the Court accepts a relevant...
40.(1) This paragraph applies if the Court issues a declaration...
41.(1) This paragraph applies if the Court issues a declaration...
42.(1) This paragraph applies for the purposes of paragraphs 39...

General provisions about validity

43.(1) Paragraphs 44 to 50 apply if the Court has...
44.(1) The application in question is invalid if the Court...
45.The application in question is invalid unless the Court decides...
46.(1) This paragraph applies if— (a) the Court accepts an...
47.(1) This paragraph applies if the Court accepts an application...
48.(1) This paragraph applies if the Court issues a declaration...
49.(1) This paragraph applies if the Court issues a declaration...
50.(1) This paragraph applies for the purposes of paragraphs 47...

Competing applications
51.(1) For the purposes of this paragraph—

PART II VOLUNTARY RECOGNITION

Agreements for recognition
52.(1) This paragraph applies for the purposes of this Part....

Other interpretation

53.(1) This paragraph applies for the purposes of this Part....
54.(1) This paragraph applies for the purposes of this Part....

Determination of type of agreement
55.(1) This paragraph applies if one or more of the...

Termination of agreement for recognition

56.(1) The employer may not terminate an agreement for recognition...
57.(1) If an agreement for recognition is terminated, as from...

Application to Court to specify method

58.(1) This paragraph applies if the parties make an agreement...
59.(1) This paragraph applies if— (a) the parties to an...
60.(1) This paragraph applies if an application for assistance is...
61.(1) An application to the Court is not admissible unless—...

Court's response to application

62.(1) The Court must give notice to the parties of...
63.(1) If the Court accepts an application it must try...

PART III CHANGES AFFECTING BARGAINING UNIT

Introduction

64.(1) This Part applies if— (a) the Court has issued...
65.References in this Part to the parties are to the...

Either party believes unit no longer appropriate

66.(1) This paragraph applies if the employer believes or the...
67.(1) An application under paragraph 66 is not admissible unless...
68.(1) The Court must give notice to the parties of...
69.(1) This paragraph applies if— (a) the Court gives notice...
70.(1) This paragraph applies if— (a) the Court gives notice...
71.If the Court gives notice under paragraph 70 of a...
72.Paragraph 82 applies if the Court gives notice under paragraph...
73.(1) This paragraph applies if— (a) the parties agree under...

Employer believes unit has ceased to exist

74.(1) If the employer— (a) believes that the original unit...
75.(1) Paragraph 76 applies if— (a) the Court gives notice...
76.(1) The Court must give notice to the parties of...
77.(1) If the Court accepts an application it—
78.(1) This paragraph applies if— (a) the Court gives notice...
79.(1) This paragraph applies if— (a) the Court gives notice...
80.Paragraph 82 applies if the Court gives notice under paragraph...
81.(1) This paragraph applies if— (a) the parties agree under...

Position where Court decides new unit

82.(1) This paragraph applies if the Court gives notice under...
83.(1) This paragraph applies if in the Court's opinion the...
84.(1) This paragraph applies if in the Court's opinion the...
85.(1) If the Court's opinion is not that mentioned in...
86.(1) This paragraph applies if the Court decides under paragraph...
87.(1) This paragraph applies if— (a) the Court decides both...
88.(1) This paragraph applies if— (a) the Court decides both...
89.(1) If the Court gives notice under paragraph 87(3) or...

Residual workers

90.(1) This paragraph applies if— (a) the Court decides an...
91.(1) This paragraph applies if— (a) the Court has proceeded...

Applications under this Part
92.(1) An application to the Court under this Part is...

Withdrawal of application
93.(1) If an application under paragraph 66 or 75 is...

Meaning of collective bargaining
94.(1) This paragraph applies for the purposes of this Part....

Method of collective bargaining
95.(1) This paragraph applies for the purposes of this Part....

PART IV DERECOGNITION: GENERAL

Introduction

96.(1) This Part applies if the Court has issued a...
97.For the purposes of this Part the relevant date is...
98.References in this Part to the parties are to the...

Employer employs fewer than 21 workers

99.(1) This paragraph applies if— (a) the employer believes that...
99A.(1) A notice given for the purposes of paragraph 99(2)(...
100.(1) If an employer gives notice for the purposes of...
101.(1) This paragraph applies if— (a) the Court gives notice...
102.(1) The Court must give notice to the parties of...
103.(1) If the Court accepts an application it—

Employer's request to end arrangements

104.(1) This paragraph and paragraphs 105 to 111 apply if...
105.(1) If before the end of the first period the...
106.(1) This paragraph applies if— (a) before the end of...
107.(1) This paragraph applies if— (a) the union informs (or...
108.(1) An application under paragraph 106 or 107 is not...
109.(1) An application under paragraph 106 or 107 is not...
110.(1) An application under paragraph 106 or 107 is not...
111.(1) The Court must give notice to the parties of...

Workers' application to end arrangements

112.(1) A worker or workers falling within the bargaining unit...
113.(1) An application under paragraph 112 is not admissible if—...
114.(1) An application under paragraph 112 is not admissible unless...
115.(1) The Court must give notice to the worker (or...
116.(1) If the Court accepts the application, in the negotiation...

Ballot on derecognition

117.(1) This paragraph applies if the Court accepts an application...
118.(1) An employer who is informed by the Court under...
119.(1) If the Court is satisfied that the employer has...
119A.(1) Each of the parties informed by the Court under...
119B.(1) A party may complain to the Court that another...
119C.(1) This paragraph applies if the Court decides that a...
119D.(1) This paragraph applies if the Court issues a declaration...
119E.(1) This paragraph applies if the Court issues a declaration...
119F.(1) This paragraph applies if the Court makes arrangements under...
119G.(1) Paragraphs 119A to 119C, 119E and 119F apply in...
119H.(1) This paragraph applies in relation to an application under...
119I.(1) This paragraph applies if— (a) a ballot has been...
120.(1) This paragraph applies if the holding of a ballot...
121.(1) As soon as is reasonably practicable after the Court...

PART V DERECOGNITION WHERE RECOGNITION AUTOMATIC

Introduction

122.(1) This Part of this Schedule applies if—
123.(1) This Part also applies if— (a) the Court has...
124.(1) This Part also applies if the Court has issued...
125.For the purposes of this Part the relevant date is...
126.References in this Part of this Schedule to the parties...

Employer's request to end arrangements

127.(1) The employer may after the relevant date request the...
128.(1) If before the end of the negotiation period the...
129.(1) An application under paragraph 128 is not admissible unless—...
130.(1) An application under paragraph 128 is not admissible if—...
131.(1) An application under paragraph 128 is not admissible unless...
132.(1) The Court must give notice to the parties of...

Ballot on derecognition
133.(1) Paragraph 117 applies if the Court accepts an application...

PART VI DERECOGNITION WHERE UNION NOT INDEPENDENT

Introduction

134.(1) This Part applies if— (a) an employer and a...
135.In this Part references to the parties are to the...
136.In this Part references to the bargaining unit are to...

Workers' application to end arrangements

137.(1) A worker or workers falling within the bargaining unit...
138.An application under paragraph 137 is not admissible if the...
139.(1) An application under paragraph 137 is not admissible unless...
140.An application under paragraph 137 is not admissible if the...
141.(1) The Court must give notice to the worker (or...
142.(1) If the Court accepts the application, in the negotiation...
143.(1) This paragraph applies if— (a) the Court accepts an...
144.(1) This paragraph applies if the Court is subsequently satisfied...
145.(1) This paragraph applies if the Court is subsequently satisfied...
146.(1) This paragraph applies if— (a) the Court accepts an...

Ballot on derecognition
147.(1) Paragraph 117 applies if— (a) the Court accepts an...

Derecognition: other cases
148.(1) This paragraph applies if as a result of a...

PART VII LOSS OF INDEPENDENCE

Introduction

149.(1) This Part applies if the Court has issued a...
150.(1) This Part also applies if— (a) the parties have...
151.References in this Part to the parties are to the...

Loss of certificate
152.(1) This paragraph applies if— (a) only one union is...

Certificate re-issued
153.(1) This paragraph applies if— (a) only one union is...

Miscellaneous

154.Parts III to VI shall not apply in the case...
155.If— (a) by virtue of paragraph 153 the bargaining arrangements...

PART VIII DETRIMENT

Detriment

156.(1) A worker has a right not to be subjected...
157.(1) An industrial tribunal shall not consider a complaint under...
158.On a complaint under paragraph 156 it shall be for...
159.(1) If the industrial tribunal finds that a complaint under...
160.(1) If the industrial tribunal finds that a complaint under...

Dismissal
161.(1) For the purposes of Part XI of the Employment...

Selection for redundancy

162.For the purposes of Part XI of the Employment Rights...
Para. 163 rep. by 1999 NI 9

Exclusion of requirement as to qualifying period
164.Articles 140 and 141 of the Employment Rights Order (qualifying...

Meaning of worker's contract
165.References in this Part to a worker's contract shall be...

PART IX GENERAL

Rights of appeal against demands for costs
165A.(1) This paragraph applies where a demand has been made...

Power to amend

166.(1) This paragraph applies if the Court represents to the...
166A.(1) This paragraph applies in relation to any provision of...
166B.(1) The Department may by order provide that, during any...

Guidance
167.(1) The Department may issue guidance to the Court on...

Method of conducting collective bargaining
168.(1) After consulting the Agency the Department may by order...

Directions about certain applications
169.(1) The Department may make to the Court directions as...

Effect of union amalgamations and transfers of engagements
169A.(1) The Department may by order make provision for any...

Effect of change of identity of employer
169B.(1) The Department by order make provision for any case...

Orders under paragraphs 169A and 169B: supplementary
169C.(1) An order under paragraph 169A or 169B may—

Notice of declarations
170.(1) If the Court issues a declaration under this Schedule...

Supply of information to the Court
170A.(1) The Court may, if it considers it necessary to...

Court's general duty
171.In exercising functions under this Schedule in any particular case...

“ Pay ” and other matters subject to collective bargaining
171A.(1) In this Schedule “pay” does not include terms relating...

General interpretation
172.(1) References in this Schedule to the Court are to...

Schedule 2—Amendments

SCHEDULE 3
TRANSITIONAL PROVISIONS

General
1.(1) An order under Article 1 may contain such transitional...

Elections for certain trade union positions
2.(1) Where a person was elected to a position to...

Deduction of trade union subscriptions
3.For the purposes of Article 35 a deduction representing a...

Political resolutions
4.Articles 66(l) and (2) of the 1992 Order shall, notwithstanding...

Schedule 4—Repeals
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