No. 23/1942:

TRADE UNION ACT, 1942

ARRANGEMENT OF SECTIONS

1 Definitions.

2 Extension of "excepted body" in section 6 of the Act of 1941.

3 Exemption in certain cases from requirement of holding negotiation licence.

4 Inspection free of charge by officer of the Minister of register of members of trade union.

5 Appeal from refusal of membership of trade union having exclusive right of organisation.

6 Repeal of certain provisions of the Act of 1941.

7 Short title and collective citation.

AN ACT TO AMEND AND EXTEND THE TRADE UNION ACTS, 1871 TO 1941.

[9th December, 1942.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

1.—In this Act—

the expression "the Minister" means the Minister for Industry and Commerce;

the expression "the Act of 1941" means the Trade Union Act, 1941 (No. 22 of 1941).

2.—In section 6 of the Act of 1941, the expression "excepted body" shall include a body all the members of which are employed by the same employer and which carries on negotiations for the fixing of the wages or other conditions of employment of its own members (but of no other employees).

3.—(1) Notwithstanding anything contained in sub-section (1) of section 6 of the Act of 1941, a body which negotiates on a board in relation to which this section is applicable shall not, by reason only of so negotiating, be required to be the holder of a negotiation licence issued under Part II of the Act of 1941.

(2) In this section, the expression "board in relation to which this section is applicable" means any of the following bodies, that is to say:—

( a ) a trade board established under the Trade Board Acts, 1909 and 1918,

( b ) the Agricultural Wages Board,

( c ) a committee established under the Agricultural Wages Act, 1936 (No. 53 of 1936),

( d ) an apprenticeship committee established under the Apprenticeship Act, 1931 (No. 56 of 1931),

( e ) a joint industrial council recognised by the Minister, a joint conciliation or arbitration board so recognised, or any similar body so recognised.

(3) A certificate of the Minister that a body is or is not recognised for the purposes of this section by him shall be conclusive evidence in all proceedings of the matters which it certifies.

4.—(1) Paragraph (c) of sub-section (1) of section 12 of the Act of 1941 shall have effect as if it provided that a register of members of a trade union kept in pursuance of that section shall, in the case of an inspection thereof by an officer of the Minister authorised in writing to inspect such register, be kept open for inspection free of charge.

(2) Paragraph (d) of sub-section (1) of section 13 of the Act of 1941 shall have effect as if it provided that a register of members of a trade union kept in pursuance of that section shall, in the case of an inspection thereof by an officer of the Minister authorised in writing to inspect such register, be kept open for inspection free of charge.

5.—(1) Before granting under Part III of the Act of 1941 a determination that a particular trade union shall alone have the right to organise masters or workmen of a particular class, the Tribunal shall require such trade union to satisfy the Tribunal that, immediately upon the grant of the determination, such trade union will put into operation a satisfactory system of appeal from refusal of membership of such trade union and will, so long as the determination remains unrevoked, maintain such system of appeal in operation and give effect to the decisions given thereunder.

(2) For the purposes of sub-section (1) of this section, a system of appeal shall not be regarded as satisfactory unless—

( a ) it is approved of by the Tribunal, and

( b ) it provides for the consideration of appeals by either an arbitrator approved of, or the method of whose appointment is approved of, by the Tribunal or an appellate body approved of, or the method of appointment of which is approved of, by the Tribunal.

(3) Immediately upon the grant under Part III of the Act of 1941 of a determination that a particular trade union shall alone have the right to organise masters or workmen of a particular class, such trade union shall put into operation the system of appeal from refusal of membership of such trade union which was approved of by the Tribunal on the hearing of the application for the determination and shall, so long as the determination remains unrevoked, maintain such system of appeal in operation and give effect to the decisions given thereunder.

(4) Where a determination has been granted under Part III of the Act of 1941 that a particular trade union shall alone have the right to organise masters or workmen of a particular class and, while the determination remains unrevoked, such trade union fails to comply with any requirement of sub-section (3) of this section, such of the members and officers of such trade union as consent to or facilitate such failure and, in the case of a trade union registered under the Trade Union Acts, 1871 to 1941, the trade union itself shall each be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds.

(5) This section shall be construed as one with Part III of the Act of 1941 and shall come into operation on the same date as the said Part III comes into operation.

6.—The following provisions of the Act of 1941 are hereby repealed: paragraph (b) of sub-section (3) of section 6, sub-sections (4), (5), and (8) of section 6, and section 35.

7.—(1) This Act may be cited as the Trade Union Act, 1942 .

(2) This Act and the Trade Union Acts, 1871 to 1941, may be cited together as the Trade Union Acts, 1871 to 1942.