INDUSTRIAL RELATIONS (NO.2) (NORTHERN IRELAND) ORDER 1976

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INDUSTRIAL RELATIONS (NO.2) (NORTHERN IRELAND) ORDER 1976 - SECT 33



33.(1) Subject to the following provisions of this Article, every employee
shall have the right not to have action (short of dismissal) taken against him
as an individual by his employer for the purpose of

(a)preventing or deterring him from being or seeking to become a member of an
independent trade union, or penalising him for doing so; or

(b)preventing or deterring him from taking part in the activities of an
independent trade union at any appropriate time, or penalising him for doing
so; or

(c)compelling him to be or become a member of a trade union which is not
independent.

(2) In this Article "appropriate time", in relation to an employee taking part
in any activities of a trade union, means time which either

(a)is outside his working hours, or

(b)is a time within his working hours at which, in accordance with
arrangements agreed with, or consent given by his employer, it is permissible
for him to take part in those activities;

(3) The provisions of paragraph (4) shall have effect in relation to an
employee

(a)of the same class as employees for whom it is the practice in accordance
with a union membership agreement to belong to a specified independent trade
union or to one of a number of specified independent trade unions; or

(b)not of the same class as described in sub-paragraph (a) but of the same
grade or category as such employees as are referred to in that sub-paragraph.

(4) In relation to such an employee the right conferred by paragraph (1)(b) in
relation to the activities of an independent trade union shall extend to
activities on the employer's premises only if that union is a specified union.

(5) For the purposes of this Article a trade union

(a)shall be taken to be specified for the purposes of, or in relation to, a
union membership agreement if it is specified in the agreement or is accepted
by the parties to the agreement as being the equivalent of a union so
specified; and

(b)shall also be treated as so specified if

(i)the Agency has made a recommendation under Article 7 of the No. 1 Order for
recognition of that union covering the employee in question; or

(ii)the Agency is exercising, or has been requested to exercise, its powers
under Article 7 of the No. 1 Order in relation to a dispute relating to or
connected with recognition of that union covering that employee and the
dispute has not been settled or otherwise disposed of by the Agency under that
Article.

(6) An employee who genuinely objects on grounds of religious belief to being
a member of any trade union whatsoever shall have the right not to have action
(short of dismissal) taken against him by his employer for the purpose of
compelling him to belong to a trade union.

(7) In this Article references to a trade union include references to a branch
or section of a trade union.

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Northern Irish Legislation

INDUSTRIAL RELATIONS (NO.2) (NORTHERN IRELAND) ORDER 1976 - SECT 33