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[2nd July 1976]
[{4}or to the Industrial Court.] B >[{5}(2) In exercising its functions under paragraph (1)( d ), the Agency shall have regard to the desirability of encouraging the parties to a dispute to use any appropriate agreed procedures for negotiation or the settlement of disputes. B>(2A) In exercising its functions under paragraph (1)( e ), the Agency shall consider the likelihood of the dispute being settled by conciliation and, where there exist appropriate agreed procedures for negotiation or the settlement of disputes, shall not refer a matter for settlement to arbitration under that sub-paragraph unless those procedures have been used and have failed to result in a settlement or unless in the opinion of the Agency, there is a special reason which justifies arbitration under that sub-paragraph as an alternative to those procedures.] B>(3) Where [{5}the Agency] apprehends that a trade dispute may occur it . . .{6} may take all steps which it considers appropriate for avoiding such trade dispute. B>(4) For the purpose of exercising its powers under paragraph (1)( e ) the Agency may maintain a register of persons who, having regard to their knowledge and experience, would, in the opinion of the Agency, be suitable for appointment by the Agency as arbitrators. B>(5) The Agency may pay to persons appointed as arbitrators under paragraph (1)( e ) such fees and such allowances for expenses as the Agency, with the approval of the Department and the Department of Finance{7}, may determine. N Recognition of trade unions A > 7. (1) Where a trade dispute exists which is related to or connected with the recognition by an employer of the right of a trade union to represent workers in any negotiation or consultation, or in the carrying out of other procedures, relating to or connected with any of the matters mentioned in Article 3(1) the Agency may, where it thinks fit, or at the request of an independent trade union or an employer who is a party to the dispute . . .{6} C >>( a ) inquire into the causes and circumstances of the trade dispute; C >>( b ) form a view on the matter in dispute; B [{4}( bb ) express, either publicly or to the parties to the dispute, the view it has formed on the matter in dispute;]
(c)assist the parties to the trade dispute to achieve a settlement of the
dispute by conciliation or otherwise;
(d)where it has been unable to obtain the agreement of the parties as to how
the trade dispute may be settled, make a written recommendation to the parties
to the trade dispute as to whether the employer should recognise the trade
union;
(e)make such other recommendations as the Agency thinks fit;
(f)if of the opinion that the trade dispute cannot be settled without the
agreement of more than one trade union, refer the matter to such machinery as
exists for the settlement of trade disputes between trade unions.
(2) In exercising its functions under paragraph (1) the Agency may conduct
such investigations as the Agency considers necessary for the purpose of
enabling it to make a recommendation under paragraph (1)(d) or (e) and in so
doing may
(a)make arrangements for ballots of workers to be conducted in such manner as
the Agency thinks fit; and
(b)request any person who appears to the Agency to have any knowledge of the
subject-matter of the investigation to furnish, in writing or otherwise, such
particulars in relation thereto as the Agency may require, and, where
necessary, to attend before the Agency and provide such information as the
Agency may require.
(3) Where the Agency makes a recommendation under paragraph (1)(d) or (e) it
shall state the grounds for the recommendation and where the Agency recommends
that a trade union should be recognised by an employer such recommendation
shall specify
(a)the employer or employers and the trade union or unions to which it
relates;
(b)the description or descriptions of workers in respect of which recognition
is recommended;
(c)whether the recommendation is for recognition generally or in respect of
one or more specified matters;
(d)the level or levels at which recognition is recommended.
(4) A recommendation for recognition may be subject to such conditions, to be
complied with on the part of the trade union, as the Agency thinks fit, and
any conditions shall be specified in the recommendation.
[(4A) At any time after the Agency has made a recommendation for recognition
under paragraph (1)(d) but before a report of a failure to comply with that
recommendation is made under Article 8(1), the Agency may, if it thinks fit,
vary or revoke that recommendation and
(a)where such a recommendation is varied, references in paragraphs (3), (4)
and (5) and Article 8 to the recommendation of the Agency shall be construed
as references to that recommendation as varied under this paragraph;
(b)where such a recommendation is revoked, no report of a failure to comply
with that recommendation may be made to the Agency under Article 8(1).]
(5) The Agency shall send a copy of its recommendation to every trade union
and employer concerned in the trade dispute and to such other persons as it
thinks fit.
© 1976 Crown Copyright
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