Recognition of Trade Unions Regulations, 2016

L.N. 413 of 2016

EMPLOYMENT AND INDUSTRIAL RELATIONS ACT

(CAP. 452)

Recognition of Trade Unions Regulations, 2016

IN exercise of the powers conferred by article 48(2) of the

Employment and Industrial Relations Act the Minister for Consumer

Affairs, Social Dialogue and Civil Liberties has made the following

regulations:-

(1)

The title of these regulations is the Recognition of Citation and

objective.

Trade Unions Regulations, 2016.

(2) These regulations regulate the award and revocation of the

recognition of a union, as the sole collective bargaining union at the

place of work.

(1) In these regulations, unless the context otherwise Interpretation.

requires:–

"Act" means the Employment and Industrial Relations Act;

"the Director" shall mean the Director of Industrial and

Employment Relations in terms of the Act and shall include any

officer or officers deputed by him for the purpose of these

regulations; and

"union" means a single trade union registered in terms of the

Act

Provided that for the purposes of these regulations, a

‘union’ shall also mean more than one union who act jointly

Provided further that unions which acquire joint

recognition in terms of these regulations shall, whilst such

recognition remains, negotiate collectively jointly and not register

separate disputes on collective issues with the employer but may only

register a joint dispute with the employer and shall not order any

industrial action on a separate basis and any action taken separately

on a collective matter shall be null and void.

(2) Subject to the provisions of sub-regulation (1), terms and

expressions used in these regulations shall, unless the context

otherwise requires, have the meaning assigned to them in the Act.

Any verification process initiated in terms of these Timeframe.

regulations shall be concluded within twenty eight working days

which shall start to run from the date of the request up to the result,

unless the parties agree for a longer period.

(1)

When a union has been recognized by the

employer, no union may request recognition for a period of one year

from the date when such recognition was awarded.

(2) A union shall have the right to request recognition, from

the employer, as the sole collective bargaining union, in respect of the

employees of that same employer. Such a request shall be made in

writing to the employer and copying the Director.

(3) Without prejudice to article 57(2) of the Act, on receiving

a request in terms of sub-regulation (2) above, the Director shall

request lists and other information about -

(a)

union members from the union making the request

for recognition, including proof of membership through a

presentation of records and up-to-date records of payment

Provided that for the purpose of these regulations,

an employee would still be considered as a member of the union

if he still has payments in arrears of not more than three months

from the date of the request;

(b)

employees in the category or categories of interest

from the employer and, in the case of membership fees paid

through a check-off system, a list of such employees shall also

be provided by the employer

Provided that the list of employees provided in

terms of paragraphs (a) and (b), shall reflect the staff

complement as on the date when the request for recognition was

effected by the union and shall exclude those employees whose

employment contracts do not add up to more than four months

in one calendar year.

(4) The lists and other information referred to in sub-

regulation (3) shall be presented in the format requested by the

Director within forty-eight hours from the request effected by the

union.

Once a union is recognized as the sole collective

bargaining union, no other union may intervene on a collective matter

relating to the employees concerned with the employer, and

conversely, no employer shall discuss collective matters relating to

the employees concerned with a union other than the recognized

union.

(1)

Where there is no recognized union at the No recognized

workplace and a union seeks to be recognized in relation thereto, if: union

union seeks

recognition.

(a)

the requesting union fails to supply any requested

information as required within forty eight hours from the

request, it shall be presumed that the union does not have more

than 50% of the employees concerned as its members; or

(b)

the requesting union has less than 50% of

employees as members as ascertained by the Director on

comparing the list of union members submitted by the union and

that of the employees submitted by the employer,

the verification process shall be considered as having been

completed, and the Director shall inform the employer and the

requesting union accordingly, and in such cases

(i) the requesting union shall have no right to be

recognized; and

(ii) no further request for recognition may be

made by the requesting union until the expiry of one year

period from the date of the request.

(2) Where there is no recognized union and a union seeks to be

recognized, if the latter has more than 50% of employees as members,

as ascertained by the Director on comparing the list of union members

submitted by the union and that of the employees submitted by the

employer, the Director shall inform the employer and union

accordingly and the employer shall grant recognition to that union.

(1)

Where there is a recognized union at the place of Recognized

work, no claims by another union or unions can be made during the union

another union

period starting three months before the expiry of a collective seeks

recognition.

agreement up to three months after the expiry date of that collective

agreement. If a new collective agreement is not yet concluded upon

the lapse of three months from the date of expiry of the collective

agreement, if a claim for recognition has been lodged, any

negotiations on the pending agreement should be stopped until the

verification process is concluded in terms of these regulations.

(2) Without prejudice to sub-regulation (1), where there is a

recognized union at the place of work and a union seeks to be

recognized in relation thereto, if

(a)

the requesting union fails to supply any requested

information as required within forty eight hours from the

request, it shall be presumed that the union does not have more

than 50% of the employees concerned as its members; or

(b)

the requesting union has less than 50% of

employees as its members as ascertained by the Director on

comparing the list of union members submitted by the union and

that of the employees submitted by the employer,

the verification process shall be considered as having been

completed, and the Director shall inform the employer and the

requesting union accordingly, and in such cases

(i) the requesting union shall have no right to be

recognized and

(ii) no further request for recognition may be

made by the requesting union until the expiry of one year

period from the date of the request.

(3) Where there is a recognized union and a union seeks to be

recognized, if the latter union has more than 50% of the employees as

its members, as ascertained by the Director on comparing the list of

union members submitted by the union and that of the employees

submitted by the employer, a ballot in terms of these regulations shall

take place unless the recognized union withdraws from the

verification exercise, in which case the Director shall inform the

employer and the requesting union accordingly and the employer

shall grant recognition to the requesting union

Provided that where the recognized union does not

withdraw from the verification exercise and a ballot in terms of this

sub regulation has to take place, the Director shall request the

recognized union the list and all the information required by

regulation 4(3)(a) and the recognized union shall comply with the

request within forty-eight hours.

(1)

Where there is no recognized union, and two

unions or more make a request for recognition, if

(a)

the requesting unions both fail to supply any

requested information as required within forty eight hours from

the request, or

(b)

it is ascertained by the Director on comparing the

list of union members submitted by the unions and that of the

employees submitted by the employer that neither of the

requesting unions has more than 50% of the employees

concerned as members,

the verification process shall be considered as having been

completed, and the Director shall inform the employer and unions

accordingly, and in such cases

(i) the requesting unions shall have no right to be

recognized; and

(ii) no further request for recognition may be

made by the requesting unions separately until the expiry

of one year period from the date of the request.

(2) Where there is no recognized union, and two unions or

more make a request for recognition, if it is ascertained by the

Director on comparing the list of union members submitted by the

unions and that of the employees submitted by the employer that only

one of the requesting unions has more than 50% of the employees

concerned as members, the union enjoying more than 50% of the

employees concerned as members shall be awarded recognition by

the employer and the Director shall inform the employer and unions

accordingly, and the other requesting union who has less than 50% of

the employees as members shall have no right to be recognized and

no further request for recognition may be made by the latter until the

expiry of one year period from the date of the request.

(3) Where there is no recognized union, and two unions or

more make a request for recognition, if it is ascertained by the

Director on comparing the list of union members submitted by the

unions and that of the employees submitted by the employer that both

of the unions requesting recognition have more that 50% of the

employees concerned as members, a ballot shall take place in terms of

these regulations.

(1)

Where a ballot is contemplated by these Ballot.

regulations, the logistical arrangements for the holding of such ballot

shall be made by the Director and it shall be the duty of every person

to cooperate fully with, and supply all necessary assistance to, the

Director to enable a ballot to take place.

(2) The decision of the Director on any matter referred to in

sub-regulation (1) or to the holding of a ballot shall be complied with

as specified by the Director.

(3) In the ballot process, only the members of the contesting

unions employed with the employer concerned shall participate in the

ballot.

(4) A ballot shall be held to determine which contesting union

has the majority of valid votes cast.

(5) The date or dates on which and the place where the ballot

shall take place shall be set by the director, in consultation with both

the employer and the contesting unions.

(6) The ballot paper, which shall be in both the Maltese and

the English language, shall be in the format set in the Schedule to

these regulations.

(7) Only one box in the ballot paper shall be marked. If other

words or marks are written on the ballot paper, that vote shall be

considered to be invalid.

(8) The employer may choose to exclude top management

from being considered as part of the workforce for collective

representation purposes and hence from voting in such ballots. Article

67 of the Act shall mutatis mutandis apply to this sub regulation

Provided that if an employer chooses to exclude such

officers, he shall inform the Director accordingly within one week

from the request for recognition.

(9) The employer shall take all necessary arrangements to

facilitate the voting procedure based on a free and secret vote.

(10) During the ballot process, including the counting stage, the

only persons who shall be present shall be the Director, and one

representative of each union taking part in the ballot. The counting of

the votes shall take place immediately after the conclusion of the

ballot process and any decision on the validity or otherwise of a vote

or votes shall rest on the Director, and that decision shall be final.

(11) The result of the ballot shall be communicated by the

Director to the unions and to the employer participating in the

process. The employer shall immediately publish the result of the

ballot result at a prominent place at the workplace.

(12) The result of the ballot shall be valid until it is challenged

by another union in terms of these regulations.

(13) During the verification process, commencing from the

request until the final result, the unions involved in the said process

shall not initiate industrial action at the place of work concerned in

furtherance of a dispute relating to recognition.

(1)

No person may interfere, intimidate, exert any Right of

force or otherwise cause, or threaten to cause, detriment to an association.

employee

(a)

for joining or attempting to join, or for leaving or

attempting to leave a union;

(b)

who is eligible to vote and freely wishes to vote, or

not to vote, in the process leading to, during or after any ballot

organised or provided for under these regulations.

(2) Any person who alleges that he has suffered detriment by

any person in any way in the processes referred to in sub-regulation

(1) above shall have the right to refer his case to the Tribunal, and in

the event that the Tribunal decides in his favour the Tribunal shall

make an award of compensation.

Any person who contravenes or fails to comply with the Offences.

provisions of any of these regulations shall be guilty of an offence

against the Act in terms of article 45 thereto and shall be liable to a

minimum fine of five hundred euro.

B

Schedule

(Regulation 9)

€0.72