ion
Trade Union
11
trade union to apply to the Court of Session for a declara- omply with the requirements at the court, where it makes on normally make an order on and, where these require- ecified steps, stating a period n which these steps must be the union has failed to take ides that any member of the eedings against it.
ertain trade unions which are ly formed trade unions (in- mation) for a period of one There is a similar temporary oting members of the princi- union to which another trade
ts.
as to interpretation and a of the latter is that, following ng member of the principal nion will not be required to th the requirements of Clause ince the date of the election lds his seat on the committee ace prior to commencement. after commencement it will, ucted in conformity with the
unions the immunities from 13 of the Trade Union and y do not hold a ballot before he terms of section 15 of the or strike or other industrial king, or otherwise interfering t of those taking part in it. nity is removed if the ballot re the industrial action begins ents of Clause 7.
irements which strike ballots stituency as those members ade union to believe will be ue to take, industrial action feres with, their contracts of f any members at the time of lement to vote and are sub-
sequently called on to take such action, the requirements will not have been satisfied. It contains requirements concerning the nature of the question to be asked on the ballot paper and provides that, so far as is reasonably practicable, those voting are to be supplied with a voting paper and given a fair and convenient opportunity to vote in secret without direct cost to themselves; that voting is to be by the marking of a ballot paper and without interference or constraint; and that those voting are informed of the results. The clause also makes pro- vision in relation to overseas members.
Clause 8 provides that trade unions, which have adopted resolutions under the provisions of the Trade Union Act 1913 to enable them to spend money in furtherance of the political objects defined in that Act, must have new resolutions passed by a ballot of their members at least every ten years if they wish to continue to do so. It means in particular that any such trade unions which have not held a ballot in the nine years before commencement will need to do so within twelve months of that date.
Clause 9 makes certain provisions relating to the rules which trade unions must adopt for ballots under the 1913 Act, and which under that Act must comply with certain requirements concerning secrecy and the right to vote. It provides that these rules must be approved by the Certification Officer before each ballot. The clause also makes provision in relation to overseas members.
Clause 10 makes provision with respect to the assets and lia- bilities of political funds. It provides that no assets of a trade union other than political fund assets shall be used to discharge any liability of a political fund in deficit, and that assets which do not relate to the political fund may not be added to that fund.
Clause 11 deals with the position where a resolution is no longer in force. It enables trade unions, in cases where a ballot has been held under the provisions of the Bill as a result of which a resolution has failed to pass, to continue to incur expenditure on political objects for not more than six months from the date of the ballot. The clause also provides that trade unions must take steps to ensure that the collection of contribu- tions for the political fund ceases as soon as practicable; that any contributions which are received may be paid into any other fund of the union; and that refunds of any contributions col- lected must be made to union members who apply for them. It also deals with trade union rules adopted under the 1913 Act. Clause 12 gives a trade union member the right to apply to the court for a declaration that the union has failed to take the steps required by Clause 11 to ensure that collection of contributions
[43]
A 2