Trade Union Act, 1975

• Jurisdiction: Ireland
• Citation: IR No. 4/1975
• Year: 1975

Number 4 of 1975
TRADE UNION ACT, 1975
ARRANGEMENT OF SECTIONS
Section 1. Interpretation. 2. Amalgamations of, and transfers of engagements by, trade unions. 3. Conditions for amalgamations or transfers. 4. Approval of documents by Registrar. 5. Voting on resolution to approve amalgamation or transfer. 6. Registration of instrument of amalgamation or transfer. 7. Application of sections 2 to 6. 8. Power to alter rules for purpose of transfer of engagements. 9. Amalgamations and transfers by members of certain trade unions. 10. Complaints to Registrar regarding resolutions. 11. Disposal of property on amalgamation or transfer. 12. Change of name of trade union. 13. Regulations. 14. Saver for pending amalgamations, etc. 15. Grants towards exceptional expenses of amalgamation or transfer. 16. Repeals. 17. Restriction on holding and grant of negotiation licence in case of certain trade unions. 18. Expenses. 19. Short title and collective citation.
SCHEDULE
Acts Referred to Registration of Title Act, 1964 1964, No. 16 Trade Union Act, 1871 1871, c. 31 Trade Union Act Amendment Act, 1876 1876, c. 22 Trade Union (Amalgamation) Act, 1917 1971, c. 24
Number 4 of 1975
TRADE UNION ACT, 1975
AN ACT TO AMEND THE LAW RELATING TO THE AMALGAMATION OF TRADE UNIONS AND THE ALTERATION OF THE NAME OF A TRADE UNION, TO PROVIDE FOR TRANSFER OF ENGAGEMENTS FROM ONE TRADE UNION TO ANOTHER, TO AMEND AND EXTEND THE TRADE UNION ACTS, 1871 TO 1971, AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE AFORESAID MATTERS. [22nd April, 1975]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
	Interpretation.	1.—(1) In this Act—
	“the amalgamating unions” and “the amalgamated union”, in relation to a proposed amalgamation, mean respectively the trade unions proposing to amalgamate and the trade union which is to result from the proposed amalgamation;
	“Minister” means the Minister for Labour;
	“Registrar” means the Registrar of Friendly Societies;
	“trade union”, save where the context otherwise requires, has the same meaning as in the Trade Union Acts, 1871 to 1971;
	“the transferor trade union” and “the transferee trade union”, in relation to a proposed transfer of engagements, mean respectively the trade union proposing to transfer its engagements and the trade union proposing to accept them.
	(2) For the purposes of sections 3 and 4 “member”, in relation to a trade union, means a member for the time being entitled to any benefits provided out of the funds of the trade union but, where the rules of a trade union specify the persons (or class of persons) entitled to vote on a particular matter (or class of matter), “member” means those persons.
	(3) In this Act—
	(a) a reference to a section is to a section of this Act unless it is indicated that reference to some other enactment is intended,
	(b) a reference to a subsection is to the subsection of the section in which the reference occurs, unless it is indicated that reference to some other section is intended.
	Amalgamations of, and transfers of engagements by, trade unions.	2.—(1) Subject to this Act, two or more trade unions may amalgamate, whether with or without a division or dissolution of the funds of one or more amalgamating union.
	(2) Two or more trade unions shall not amalgamate unless in the case of each amalgamating union a resolution, approving an instrument of amalgamation which has been approved by the Registrar, is passed on a vote taken in a manner satisfying the conditions specified in section 3 (1).
	(3) Subject to this Act, a trade union may transfer its engagements to another trade union.
	(4) A trade union shall not transfer its engagements to another trade union unless—
	(a) the other union has undertaken to fulfil the engagements, and
	(b) in the case of the transferor union, a resolution, approving an instrument of transfer which has been approved by the Registrar, is passed on a vote taken in a manner satisfying the conditions specified in section 3 (1).
	Conditions for amalgamations or transfers.	3.—(1) The conditions referred to in section 2 are the following:
	(a) every member of the union shall be entitled to vote on the resolution and the voting shall be by secret ballot;
	(b) every member of the union shall be allowed to vote without interference or constraint and, so far as is reasonably possible, shall be given a fair opportunity of voting;
	(c) the method of voting shall consist of the marking of a voting paper by the person voting;
	(d) the union shall take all reasonable steps to ensure that, not less than seven days before voting on the resolution begins, every member of the union has received a notice in writing complying with subsection (3);
	(e) not less than seven days before voting on the resolution begins, the union shall cause to be published in at least one daily newspaper published in the State notice (in such form as may be prescribed by regulations made by the Minister for Industry and Commerce under section 13) of the holding of the vote.
	(2) Before a resolution to approve an instrument of amalgamation or transfer is voted on by the members of a trade union, the trade union shall satisfy the Registrar that the steps it proposes to take comply with subsection (1) (d).
	(3) The notice referred to in subsection (1) (d) shall—
	(a) either set out in full the relevant instrument or give sufficient account of it to enable a recipient of the notice to form a reasonable judgment of the main effects of the proposed amalgamation or transfer,
	(b) state, if it does not set out the instrument in full, where copies of the instrument may be inspected,
	(c) comply with any regulations under this Act, and
	(d) be approved by the Registrar on being satisfied that it complies with the foregoing requirements of this subsection.
	(4) The relevant instrument shall comply with the requirements of any regulations under this Act for the time being in force and relating thereto.
	Approval of documents by Registrar.	4.—Before a resolution to approve an instrument of amalgamation or transfer is voted on by the members of a trade union, the instrument and the notice referred to in section 3 (1) (d) shall be submitted to the Registrar, who shall approve them on being satisfied that they comply with the requirements of section 3.
	Voting on resolution to approve amalgamation or transfer.	5.—Where a vote is taken by a trade union on a resolution to approve an instrument of amalgamation or transfer, a simple majority of the votes recorded shall be sufficient to pass the resolution notwithstanding anything in the rules of the union.
	Registration of instrument of amalgamation or transfer.	6.—An instrument of amalgamation or transfer shall not take effect before it has been registered by the Registrar under this Act, and shall not be so registered before the expiration of a period of six weeks beginning with the date on which an application for its registration is lodged with the Registrar.
	Application of sections 2 to 6.	7.—Sections 2 to 6 shall apply to every amalgamation or transfer of engagements notwithstanding anything in the rules of a trade union concerned.
	Power to alter rules for purpose of transfer of engagements.	8.—(1) Where a trade union proposes to transfer its engagements to another trade union and an alteration of the rules of the transferee union is necessary to give effect to the instrument of transfer, the committee of management or other governing body of the transferee union shall, notwithstanding anything in the rules, have power by memorandum in writing to alter the rules so far as may be necessary to give effect to the instrument of transfer.
	(2) An alteration of the rules of a trade union under this section shall not take effect unless or until the instrument of transfer takes effect.
	(3) This section shall not apply in the case of a trade union the rules of which expressly exclude the application to that union of this section.
	Amalgamations and transfers by members of certain trade unions.	9.—Where, in the case of a body of persons which is a trade union under the law of another country and has its headquarters control situated in that country, a majority of the members of that body who are resident in the area comprising the State and Northern Ireland so decide, the members of that body who are so resident may, in accordance with this Act, amalgamate with or transfer their engagements to another trade union and shall, from the making of such a decision, be a trade union for the purpose of section 2.
	Complaints to Registrar regarding resolutions.	10.—(1) A member of a trade union which passes or purports to pass a resolution approving an instrument of amalgamation or transfer may complain to the Registrar on one or more than one of the following grounds—
	(a) that the manner in which the vote on the resolution was taken did not satisfy the conditions specified in section 3 (1),
	(b) that the votes recorded in relation to the resolution did not have the effect of passing it.
	(2) A complaint under this section lodged with the Registrar after the expiry of the period of six weeks beginning on the date on which an application for registration under section 6 is lodged with him shall not...