De-certification of trade union as bargaining agent for bargaining unit

(1) At any time after the expiration of one year from the initial certification of a trade union by the Tripartite Body, any employee in or an employer of the bargaining unit may make written application to the Tripartite Body to withdraw the certification of the trade union in respect of the bargaining unit on the basis that the majority of the members of the bargaining unit no longer wish to have the trade union as their bargaining (2) A copy of the application made under subsection (1) of this section, shall be served on the trade union and employer concerned and the application shall be accompanied by such Trade Unions and Employers; Organisations (Registration, Recognition and Status) 33 information as may be necessary to show that a majority of the members of the bargaining unit no longer wish to have the trade union as their bargaining agent. (3) Within ninety days of receiving an application made under subsection (1) of this section, the Tripartite Body shall hold a poll by secret ballot of the members of the bargaining unit concerned to determine whether such employees no longer wish to have the trade union as their bargaining agent. (4) The Tripartite Body shall grant the application made under subsection (1) if the poll held under subsection (3) of this section, shows that at least fifty-one per centum of the employees no longer wish the trade union to be their (5) Where an application is granted under subsection (3) of this section, the Tripartite Body shall forthwith cancel the certification of the trade union as the bargaining agent for the bargaining unit, and may make such directions in respect of the validity or duration of any collective bargaining agreement negotiated by the trade union for the bargaining unit which is and currently in force. (6) Where a trade union has been decertified under this section, no other trade union shall apply for certification as the bargaining agent for the bargaining unit until a period of three months has elapsed from the date of the de-certification. (7) If the Tripartite Body refuses to de-certify a trade union based on the results of the poll held under subsection (3), no person shall make an application under subsection (1) of this section for the de-certification of the trade union until a period of three months has elapsed from the date of the refusal to de- certify the trade union. Trade Unions and Employers; Organisations (Registration, 34 Recognition and Status) (8) Where the Tripartite Body de-certifies or refuses to de- certify a trade union as bargaining agent for a bargaining unit under this section, any person or trade union aggrieved by the decision may appeal to the Minister, whose decision thereon shall be final. (9) In deciding an appeal under subsection (8) of this section, the Minister shall endeavour to promote a system of orderly and effective collective bargaining.