Labour Code 2012 - Government of Montserrat

MONTSERRATLABOUR CODE, 2012No. 20 of 2012(c) refuse to certify the trade union on the grounds thatthe bargaining unit identified by the trade union isnot appropriate.174. Compulsory recognition and duty to negotiate in goodfaith(1) Where a trade union has been certified as the exclusivebargaining agent for a bargaining unit in accordancewith this Part, the employer shall recognise the union,and the union and the employer shall meet and engage inbargaining.(2) Where certification is granted pursuant to this Part, atrade union, employer or employers' organisation shallnot fail or refuse to bargain collectively in good faithand shall make every reasonable effort to conclude acollective agreement.(3) A person affected by a violation of subsections (1) and(2) may apply to the High Court and the High Courtmay make any order it deems necessary to ensurecompliance with this section.(4) A trade union which fails to comply with the provisionsof subsections (1) and (2) shall be guilty of an offenseand liable on summary conviction to a fine of $3,000.00.(5) An employer or employers' organisation who fails tocomply with the provisions of subsections (1) and (2)shall be guilty of an offense and liable on summaryconviction to a fine of $3,000.00 for every day thebreach continues.175. Duty of fair representation(1) Where a trade union has been certified as the exclusivebargaining agent for a bargaining unit, it shall be theduty of that trade union to provide full and properrepresentation of the interest of all its members in thebargaining unit with respect to their rights under thecollective agreement whether or not they are fully paidupmembers of the trade union.102