Labour Code 2012 - Government of Montserrat

MONTSERRATLABOUR CODE, 2012No. 20 of 2012(2) Where it appears to the Labour Commissioner from theresults of the survey that the union is supported on thedate of the application by more than 50% of thebargaining unit, the Labour Commissioner shall certifythe union as the exclusive bargaining agent for that unit.(3) The Minister, in consultation with the LabourCommissioner, shall make regulations governing theorganisation and conduct of the survey.169. The majority trade union determined by poll(1) Where 2 or more trade unions have applied forcertification in relation to the same bargaining unit, orwhere only 1 trade union has applied and the employerhas contested certification, the Labour Commissionershall carry out a poll among employees in the exclusivebargaining unit and shall certify as the recognisedbargaining agent for the unit the trade union which isshown by the poll to have the greatest support amongthe employees.(2) Despite subsection (1), a trade union shall not becertified unless it has received more than 50% of thevotes of the employees in the bargaining unit.(3) Where the results of the poll show a tie, a second pollshall be carried out within 7 days, unless extended forgood cause in accordance with the regulations.170. Employer duties regarding conduct of pollIn relation to the conducting of the poll, every employershall—(a) take all necessary steps to ensure that his or heremployees who are eligible to vote in a poll aregiven the opportunity to do so; and(b) permit each employee to be absent from work forthe purpose of voting, for a reasonable period oftime not to exceed 2 hours, without pay deduction.100