Labour Code 2012 - Government of Montserrat

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MONTSERRATLABOUR CODE, 2012No. 20 of 2012Code shall be deemed to be certified as the bargainingagent.(3) Where no collective agreement is in force and no tradeunion has been certified under this Part as the bargainingagent, an application may be made at any time.(4) Where no collective agreement is in force but abargaining agent has been certified under this Part forthe bargaining unit, an application may be made afterthe expiry of 12 months from the date of certification ofthe bargaining agent.(5) Where a collective agreement is in force the applicationmay be made during the last 3 months of the term of thecollective agreement or any renewal of it.165. Certification particulars(1) The application shall be in writing and shall include—(a) a description of the proposed bargaining unit; and(b) facts upon which the trade union relies todemonstrate that the majority of employees in thebargaining unit wish to have the trade unioncertified as their exclusive bargaining agent.(2) The trade union shall serve a copy of the application onthe employer.(3) The application shall be determined as soon as possible,but not later than 6 months from the date of receipt bythe Labour Commissioner in accordance with theprovisions of this Part.166. Appropriateness of bargaining unit(1) The Labour Commissioner shall on an application forcertification first determine the bargaining unit itconsiders appropriate as the exclusive bargaining agentand in so doing shall have regard to—(a) the community of interest among the employees inthe proposed bargaining unit;98
MONTSERRATLABOUR CODE, 2012No. 20 of 2012(b) the nature and scope of the duties of the employeesin the proposed unit;(c) the views of the employer and the trade unionsconcerned as to the appropriateness of thebargaining unit; and(d) the historical development of collective bargainingin the employer's undertaking.(2) After making a determination under subsection (1) andbefore certification of the trade union, the LabourCommissioner may include additional employees in orexclude employees from the bargaining unit.167. Employer recognition or notice(1) An employer, within 14 days of receiving notice of theapplication for certification by a trade union, may—(a) indicate its agreement to recognise the trade unionas the bargaining agent for that bargaining unit; or(b) indicate its objection to the trade union beingrecognised as the bargaining agent for thatbargaining unit.(2) A notice from an employer under subsection (1) shall bemade in writing to the Labour Commissioner and wherethere is an objection under subsection (1)(b), shallspecify the reasons for the objection.168. Certification following employer recognition(1) Where only one trade union has applied for certification,and the employer has indicated in writing his or heragreement to recognise the trade union as the exclusivebargaining agent and it appears to the satisfaction of theLabour Commissioner that the other conditions of thisCode have been fulfilled, the Labour Commissioner maycarry out a membership survey to determine the extentof support which the union enjoys among the employeesin the appropriate bargaining unit on the date theapplication was made.99
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Labour Code 2012 - Government of Montserrat

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