Trade Union Act, 1941

• Jurisdiction: Ireland

Number 22 of 1941.
TRADE UNION ACT, 1941.
ARRANGEMENT OF SECTIONS
PART I.
Preliminary and General.
Section 1. Short title and collective citation. 2. Definitions. 3. Regulations. 4. Expenses.
PART II.
Licensing of Bodies Carrying on Negotiations for Fixing Wages or Other Conditions of Employment.
5. Definitions for purposes of Part II. 6. Restrictions on carrying on of negotiations for fixing of wages, etc. 7. Restrictions on grant and holding of negotiation licence. 8. Variation of Schedule to this Act. 9. Application for negotiation licence. 10. Grant of negotiation licence. 11. Restriction on application of certain enactments. 12. Obligations of holder of negotiation licence where holder is a registered trade union. 13. Obligations of holder of negotiation licence where holder is not a registered trade union.
14. General provisions in relation to deposits under this Part of this Act. 15. Change of deposit consequent on change of number of members. 16. Payment of judgment debts out of deposits. 17. Revocation of negotiation licence.
PART III.
Establishment and Functions of Trade Union Tribunal.
18. Commencement of Part III. 19. Definition for purposes of Part III. 20. Establishment of Trade Union Tribunal. 21. Chairman of the Tribunal. 22. Panels of persons eligible for appointment as ordinary members of the Tribunal. 23. Appointment of ordinary members of the Tribunal. 24. Composition of Tribunal during sittings. 25. Functions of Tribunal in relation to trade unions of masters. 26. Functions of Tribunal in relation to trade unions of workmen. 27. Ballots. 28. Restriction on applications to Tribunal. 29. Notice requiring review of determination of Tribunal. 30. Constitution of Appeal Board. 31. Functions of Appeal Board. 32. Functions of Tribunal where determination is referred back. 33. Revocation of determinations of the Tribunal. 34. Effect of determination of Tribunal. 35. Obligation to admit to membership of trade union. 36. Regulations for proceedings before Tribunal and Appeal Boards. 37. Attendance of witnesses, etc. 38. Fees. 39. Costs. 40. Staff of the Tribunal.
SCHEDULE.
Deposits.
Act Referred to Emergency Powers Act, 1939 No. 28 of 1939
Number 22 of 1941.
TRADE UNION ACT, 1941.
AN ACT TO PROVIDE FOR THE LICENSING OF BODIES CARRYING ON NEGOTIATIONS FOR FIXING WAGES OR OTHER CONDITIONS OF EMPLOYMENT, TO PROVIDE FOR THE ESTABLISHMENT OF A TRIBUNAL HAVING POWER TO RESTRICT THE RIGHTS OF ORGANISATION OF TRADE UNIONS, AND FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [23rd September, 1941.]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—
PART I. Preliminary and General.
	Short title and collective citation.	1.—(1) This Act may be cited as the Trade Union Act, 1941.
	(2) This Act and the Trade Union Acts, 1871 to 1935, may be cited together as the Trade Union Acts, 1871 to 1941.
	Definitions.	2.—In this Act—
	the expression “the Minister” means the Minister for Industry and Commerce,
	the word “prescribed” means prescribed by regulations made by the Minister under this Act.
	Regulations.	3.—The Minister may make regulations in respect of any matter or thing referred to in this Act as prescribed or to be prescribed, but no such regulation shall be made in relation to any fee without the consent of the Minister for Finance.
	Expenses.	4.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
PART II. Licensing of Bodies Carrying on Negotiations for Fixing Wages or Other Conditions of Employment.
	Definitions for purposes of Part II.	5.—(1) In this Part of this Act the expression “negotiation licence” means a licence issued by the Minister under this Part of this Act and authorising its holder to carry on negotiations for the fixing of wages or other conditions of employment.
	(2) In this Part of this Act and the Schedule to this Act, the word “members”, where applicable in respect of a body not registered under the Trade Union Acts, 1871 to 1935, means members of such body resident within the State.
	Restrictions on carrying on of negotiations for fixing of wages, etc.	6.—(1) It shall not be lawful for any body of persons, not being an excepted body, to carry on negotiations for the fixing of wages or other conditions of employment unless such body is the holder of a negotiation licence.
	(2) Where any body of persons acts in contravention of this section, the members of the committee of management or other controlling authority of such body and such of the officers of such body as consent to or facilitate such act shall each be guilty of an offence under this section and shall each be liable on summary conviction thereof to a fine not exceeding ten pounds, together with, in the case of a continuing offence, a further fine not exceeding one pound for every day during which the offence is continued.
	(3) In this section the expression “excepted body” means any of the following bodies, that is to say:—
	(a) a body which carries on negotiations for the fixing of the wages or other conditions of employment of its own (but no other) employees,
	(b) a body which is registered under the next following sub-section of this section,
	(c) a civil service staff association recognised by the Minister for Finance,
	(d) an organisation of teachers recognised by the Minister for Education,
	(e) the Agricultural Wages Board,
	(f) a trade board established under the Trade Board Acts, 1909 and 1918, and
	(g) a body in respect of which an order under sub-section (6) of this section is for the time being in force.
	(4) The Minister shall, for the purposes of this section, maintain a register and shall enter therein the name of any body which—
	(a) applies to the Minister for registration therein, and
	(b) accompanies its application by a fee of one pound, and
	(c) satisfies the Minister that—
	(i) it consists of persons who are usually employed in a particular form of work and are usually employed by the same employer, and
	(ii) it carries on negotiations for the fixing of wages or other conditions of employment with that employer only.
	(5) All fees under the immediately preceding sub-section of this section shall be collected and taken in such manner as the Minister for Finance directs, and shall be paid into or disposed of for the benefit of the Exchequer in accordance with the directions of the said Minister, and the Public Offices Fees Act, 1879, shall not apply in respect of any such fee.
	(6) The Minister may by order declare that this section shall not apply in respect of any particular body of persons.
	(7) The Minister may by order (which shall come into operation on a specified date not earlier than one month after it is made) revoke any order under the next preceding sub-section of this section.
	(8) Nothing in this section shall render it unlawful for any person or group of persons to mediate in a trade dispute or to bring together the parties in a trade dispute with a view to reaching an amicable settlement.
	(9) This section shall come into operation on such date not earlier than six months after the passing of this Act as the Minister by order appoints for that purpose.
	Restrictions on grant and holding of negotiation licence.	7.—(1) No body of persons shall be granted or hold a negotiation licence unless it is a body (in this Act referred to as an authorised trade union) which fulfils the following conditions, that is to say:—
	(a) that either it is registered under the Trade Union Acts, 1871 to 1935, or, if not so registered, it is a trade union under the law of another country and its headquarters control is situated in that country, and
	(b) that it has deposited and, subject to the provisions of this Act, keeps deposited with the High Court the appropriate sum.
	(2) In this section the expression “the appropriate sum” means the sum appropriate to the number of members of the relevant body in accordance with the Schedule to this Act.
	Variation of Schedule to this Act.	8.—(1) Where—
	(a) the Emergency Powers Act, 1939 (No. 28 of 1939) is in force, and
	(b) the Minister is satisfied that, as regards any particular trade union registered under the Trade Union Acts, 1871 to 1935, it would, on account of abnormal conditions referable to the war in which the United Kingdom of Great Britain and Northern Ireland is now engaged, cause undue hardship if such trade union were compelled to make and keep with the High Court the full deposit specified by the next preceding section,
	the Minister may by order declare that every sum of money mentioned in the Schedule to this Act shall, as regards such trade union, be deemed to be reduced to such extent not exceeding seventy-five per cent. as the Minister thinks proper.
	(2) An order under sub-section (1) of this section shall have effect in accordance with its terms for the period specified in that behalf therein, save that no such order shall have effect after the expiration of twelve months after the Emergency Powers Act, 1939 (No. 28 of 1939), has ceased to be in force.
	(3) The Minister may by order, made after six months' notice of the making thereof has been given to the trade union concerned, revoke any order previously made by him under sub-section (1) of this section.
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