Procedure where two or more trade unions apply for certification, etc., or where employer refuses recognition

(1) Where two or more trade unions apply to the Tripartite Body for certification as the bargaining agent for a bargaining unit, or where one trade union applies for certification but the employer refuses to recognise the trade union as the bargaining agent for the bargaining unit, the Tripartite Body shall without undue delay proceed to hold a poll by secret ballot among the employers comprising the bargaining unit to determine the trade union most suitable to represent the bargaining unit as the bargaining agent, and shall after determining the results of the poll declare the trade union with the highest number of votes to be the bargaining agent for the bargaining unit, Provided that the Tripartite Body shall not certify any trade union as the bargaining agent for any bargaining unit if the trade union received less than fifty-one per centum of the votes cast in the poll held under subsection (1) of this section. Trade Unions and Employers; Organisations (Registration, Recognition and Status) 27 (2) Where the results of the poll held under subsection (1) of this section show a tie, a second or subsequent poll shall be held every fourteen days thereafter until the tie is broken. (3) Every employer or employers’ organisation shall be bound to negotiate collectively with any trade union certified as a bargaining agent for a bargaining unit.