Labour Code 2012 - Government of Montserrat

MONTSERRATLABOUR CODE, 2012No. 20 of 2012(c) the certified trade union is substituted as a party toany collective agreement applicable to anyemployees in the bargaining unit in the place of 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 of thecollective agreement or for a new collective agreementand the parties shall bring into effect the revised or newcollective agreement within 90 days of the date onwhich the substitution of the trade union took place.(2) Despite subsection (1), the original collective agreementshall remain in force until a new agreement is signed.179. Revocation of exclusive bargaining rights(1) Any time after 1 year from the certification of a tradeunion, any employee in that bargaining unit may applyto the Labour Commissioner for the withdrawal of thecertification on the basis that the majority of 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 of employeesin the bargaining unit do not wish to have the tradeunion as their exclusive bargaining agent.(3) Within 90 days of receiving an application undersubsection (1), the Labour Commissioner shall conducta poll of the employees in the bargaining unit by secretballot.(4) After a poll under subsection (3), the LabourCommissioner shall grant the application and cancel thecertification of the trade union if more than 50% of theemployees in the bargaining unit cast ballots againsthaving the trade union represent them as their exclusivebargaining agent.104