TNAG-1334-FCO40-1766-Future-of-Hong-Kong-legislation-1984 — Page 41

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Trade Union

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Clause 3 enables a member of a trade union to apply to the High Court or, in Scotland, to the Court of Session for a declara- tion that the union has failed to comply with the requirements in Clauses 1 and 2. It provides that the court, where it makes such a declaration, will in addition normally make an order imposing requirements on the union and, where these require- ments oblige the union to take specified steps, stating a period of not less than six months within which these steps must be taken. If at the end of that period the union has failed to take the required steps, the clause provides that any member of the union can pursue enforcement proceedings against it.

Clause 4 exempts from Part I certain trade unions which are federations and also exempts newly formed trade unions (in- cluding unions formed by amalgamation) for a period of one year following their formation. There is a similar temporary exemption in relation to certain voting members of the princi- pal executive committee of a trade union to which another trade union has transferred its engagments.

Clause 5 contains provisions as to interpretation and a transitional provision. The effect of the latter is that, following commencement of Part I, a voting member of the principal executive committee of a trade union will not be required to have been elected in accordance with the requirements of Clause 2 until five years have elapsed since the date of the election by virtue of which he currently holds his seat on the committee so long as that election took place prior to commencement. Where the election has occurred after commencement it will, however, need to have been conducted in conformity with the requirements in Clause 2.

Clause 6 removes from trade unions the immunities from legal action provided by section 13 of the Trade Union and Labour Relations Act 1974 if they do not hold a ballot before authorising or endorsing (within the terms of section 15 of the Employment Act 1982) a call for strike or other industrial action which has the effect of breaking, or otherwise interfering with, the contracts of employment of those taking part in it. It also has the effect that immunity is removed if the ballot is held more than four weeks before the industrial action begins or if it does not satisfy the requirements of Clause 7.

Clause 7 specifies certain requirements which strike ballots must satisfy. It defines the constituency as those members whom it is reasonable for the trade union to believe will be called on to take, or to continue to take, industrial action which breaks, or otherwise interferes with, their contracts of employment; and provides that, if any members at the time of the ballot are denied their entitlement to vote and are sub-

sequently called on to take not have been satisfied. 1 the nature of the question and provides that, so far voting are to be supplied w and convenient opportunity to themselves; that voting paper and without interfer voting are informed of the vision in relation to overseas

Clause 8 provides that resolutions under the provis to enable them to spend m objects defined in that Act, by a ballot of their membe wish to continue to do so. trade unions which have n before commencement will of that date.

Clause 9 makes certain pr trade unions must adopt fo which under that Act must concerning secrecy and the rules must be approved by t ballot. The clause also mak members.

Clause 10 makes provision bilities of political funds. It union other than political fu any liability of a political fu do not relate to the politica fund.

Clause 11 deals with the longer in force. It enables ballot has been held under th of which a resolution has fa expenditure on political obje from the date of the ballot. unions must take steps to ens tions for the political fund c any contributions which are r fund of the union; and that lected must be made to unic It also deals with trade union

Clause 12 gives a trade unic court for a declaration that the required by Clause 11 to ensu

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