PART IV
LIMITED
REPRESENTATION OF EMPLOYEES IN MANAGERIAL AND EXECUTIVE POSITIONS
Interpretation of this Part
30.
—(1)
In
this Part, unless the context otherwise requires —"executive
employee"
, in relation to an
employer, means an employee who is employed in a managerial or an
executive position by the employer;
"recognised
trade union"
means a trade union
the majority of whose membership consists of employees in non-managerial
or non-executive positions and which has been accorded recognition
by an employer only in respect of such employees under section 17.
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(2)
For the purposes of this Part, the
Minister for Finance shall be deemed to be the employer of employees
of the Government.
[30A
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Limited representation of executive employees
30A.
—(1)
Notwithstanding
section 17, a recognised trade union may represent any executive
employee individually, and not as a class, for all or any of the
following purposes only:(a)
to make representations to the Minister
under section 35 (3);
(b)
upon the retrenchment of the executive
employee, to negotiate with the employer with a view to resolving
any dispute relating to the retrenchment benefit payable to the
executive employee;
(c)
to negotiate with the employer with
a view to resolving any dispute relating to a breach of contract
of employment by the executive employee or the employer;
(d)
to represent the executive employee
in proceedings before a Court in respect of the dismissal or reinstatement
of the executive employee in circumstances arising out of a contravention
of section 82 or any matter referred to in paragraph (b)
or (c).
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(2)
Where a recognised trade union seeks
to represent an executive employee under subsection (1), the employer
may object to such representation only on the ground that the executive
employee —(a)
is employed in a senior management
position or performs or exercises any function, duty or power of
a person employed in a senior management position, including the
control and supervision of major business operations, accountability
for operational performance, formulation of business policies, plans
and strategies and provision of leadership to other employees;
(b)
performs or exercises any function,
duty or power which includes decision making, or the power to substantially
influence decision making, on any industrial matters including the
employment, termination of employment, promotion, transfer, reward
or discipline of other employees;
(c)
performs any function or duty which
includes representing the employer in any negotiation relating to
any industrial matters;
(d)
has access to confidential information
relating to the budget and finances of the employer, any industrial
relations matter or the salaries and personal records of other employees;
or
(e)
performs or exercises any other function,
duty or power which may give rise to a real or potential conflict
of interest if he is represented by the trade union.
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(3)
Where an employer raises any objection
under subsection (2), the employer and the trade union shall make
a joint application to a Court for the determination of the question.
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(4)
Until the Court gives its decision,
the recognised trade union may continue to represent other executive
employees whose representation by the trade union under subsection
(1) is not objected to by the employer under subsection (2).
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(5)
The powers of a Court under subsection
(3) shall be exercisable by the Court constituted by the President
alone.
[30B
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Invitation to negotiate
30B.
A
recognised trade union representing an executive employee under
section 30A may serve on an employer or an employer may serve on
a recognised trade union, as the case may be, a notice in the prescribed
form (referred to in this Part as an invitation to negotiate) —(a)
setting out proposals for resolving
any dispute relating to the issue of retrenchment benefit payable
to the executive employee upon the retrenchment of the executive
employee or a breach of contract of employment by the executive
employee or his employer; and
(b)
inviting the employer or trade union,
as the case may be, to negotiate with it in relation to those matters
with a view to arriving at a settlement.
[30C
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Acceptance of invitation to negotiate
30C.
An
employer or a recognised trade union upon whom an invitation to
negotiate has been served under section 30B may, within 7 days after
service of that invitation, serve on the recognised trade union
or employer which served the notice an acceptance of the invitation
to negotiate (referred to in this Part as an acceptance to negotiate).
[30D
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Non-acceptance of invitation to negotiate
30D.
—(1)
Where
an employer or a recognised trade union upon whom an invitation
to negotiate was served under section 30B has not served an acceptance
to negotiate within the time specified in section 30C, the employer
or trade union which served the invitation to negotiate, as the
case may be, may notify the Commissioner.
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(2)
Upon receipt of a notification under
subsection (1), the Commissioner shall consult, or direct a conciliation
officer to consult, with the employer or trade union which has not
served an acceptance to negotiate with a view to persuading that
employer or trade union to accept the invitation.
[30E
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Conciliation
30E.
—(1)
If,
after the expiration of 14 days from the date of service of an
invitation to negotiate, an agreement has not been reached between
the recognised trade union and the employer by whom and upon whom
the invitation was served as to all the matters set out in the invitation,
either party to the negotiations may notify the Commissioner.
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(2)
Upon receipt of a notification under
subsection (1), the Commissioner may consult, or direct a conciliation
officer to consult, with the employer and the trade union concerned
in an endeavour to assist them to reach a settlement by conciliation.
[30F
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