Labour Code 2012 - Government of Montserrat

MONTSERRATLABOUR CODE, 2012No. 20 of 2012(2) Any member of the trade union in the bargaining unitmay apply to the High Court for an order directing thetrade union to cease a violation of subsection (1) and tocomply with the provisions of this section.176. Closing of business(1) An employer who decides to close an undertaking mustgive the Labour Commissioner and the trade union,where that trade union has been certified, or has madeapplication of certification—(a) reasonable notice of its intention;(b) the reason for its decision to close; and(c) the number and categories of workers to beaffected.(2) An employer who contravenes subsection (1) is guilty ofan offence and is liable on summary conviction to a fineof $10,000.00.(3) In any prosecution under subsection (2) the onus shallbe on the employer to prove that he or she compliedwith subsection (1).177. Effect of certification as the recognised majority unionWhere a trade union is certified under this Code as theexclusive bargaining agent for the employees in thebargaining unit—(a) the trade union shall replace any other trade unionthat before the certification was the bargainingagent for the employees in the bargaining unit and,shall have exclusive authority to bargaincollectively on behalf of the employees in thebargaining unit and to bind them by a collectiveagreement;(b) if another trade union had previously been certifiedor was deemed to have been certified in respect ofemployees in the bargaining unit, the certification ofthe last mentioned trade union shall be deemed tobe revoked in respect of such employees; and103