Labour Code 2012 - Government of Montserrat

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