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Labour Code 2012 - Government of Montserrat

Labour Code 2012 - Government of Montserrat

Labour Code 2012 - Government of Montserrat

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MONTSERRATLABOUR CODE, <strong>2012</strong>No. 20 <strong>of</strong> <strong>2012</strong>171. Restrictions in conduct <strong>of</strong> pollWhen a poll is being conducted, no person ororganisation shall—(a) seek, in any premises in which the poll is being heldor within 100 yards <strong>of</strong> those premises, to influencean employee to vote or refrain from voting for atrade union;(b) wilfully obstruct a person from voting or carryingout any functions imposed on that person under this<strong>Code</strong>.172. Employee duties in conduct <strong>of</strong> pollIn relation to the conducting <strong>of</strong> the poll, no employeeshall—(a) receive, or agree to receive any money, loan,reward, <strong>of</strong>fice or place <strong>of</strong> employment for voting oragreeing to vote or for refraining or agreeing torefrain from voting for a trade union; or(b) accept or take any food or drink or provision fromany person where the intent is to induce theemployee to vote or refrain from voting or toreward the employee for having voted or refrainedfrom voting.173. Granting or refusing certificationThe <strong>Labour</strong> Commissioner shall in writing within areasonable period <strong>of</strong> time not to exceed 6 months <strong>of</strong> thereceipt <strong>of</strong> an application for certification <strong>of</strong> a bargainingagent—(a) certify the trade union as the exclusive bargainingagent for the bargaining unit;(b) refuse to certify the trade union on the grounds thatit has not satisfied the requirement that a majority <strong>of</strong>employees in the proposed unit wish to have thetrade union certified as their exclusive bargainingagent; or101

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