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>(c) the certified trade union is substituted as a party toany collective agreement applicable to anyemployees in the bargaining unit in the place <strong>of</strong> thetrade union named in the collective agreement.178. New collective agreement(1) Where a trade union is substituted as a party to acollective agreement, the union so substituted maysubmit to the employer proposals for the revision <strong>of</strong> thecollective agreement or for a new collective agreementand the parties shall bring into effect the revised or newcollective agreement within 90 days <strong>of</strong> the date onwhich the substitution <strong>of</strong> the trade union took place.(2) Despite subsection (1), the original collective agreementshall remain in force until a new agreement is signed.179. Revocation <strong>of</strong> exclusive bargaining rights(1) Any time after 1 year from the certification <strong>of</strong> a tradeunion, any employee in that bargaining unit may applyto the <strong>Labour</strong> Commissioner for the withdrawal <strong>of</strong> thecertification on the basis that the majority <strong>of</strong> employeesin the bargaining unit no longer wish to have that tradeunion as their exclusive bargaining agent.(2) An application under subsection (1) shall beaccompanied by evidence that a majority <strong>of</strong> employeesin the bargaining unit do not wish to have the tradeunion as their exclusive bargaining agent.(3) Within 90 days <strong>of</strong> receiving an application undersubsection (1), the <strong>Labour</strong> Commissioner shall conducta poll <strong>of</strong> the employees in the bargaining unit by secretballot.(4) After a poll under subsection (3), the <strong>Labour</strong>Commissioner shall grant the application and cancel thecertification <strong>of</strong> the trade union if more than 50% <strong>of</strong> theemployees in the bargaining unit cast ballots againsthaving the trade union represent them as their exclusivebargaining agent.104