Trade Union Act 1965

employer or group of employers; or

(f) any bond to secure the performance of any of the above-mentioned agreements:

Provided that nothing in this section shall be deemed to consti tute any of the above mentioned agreements unlawful.

Friendly Societies Act 1868 does not apply

7 The Friendly Societies Act 1868 [title 13 item 11] shall not apply to any trade union, and the registration of any trade union thereunder shall be void.

Registrar of trade unions

8 The Registrar-General (hereinafter in this Act referred to as "the Registrar") shall be the Registrar of trade unions within the meaning and for the purposes of this Act.

Compulsory registration of trade unions

9 (1) Upon the establishment of a trade union, it shall be the duty of the committee of management or of trustees appointed in that behalf or, in default of any such appointment, of the directing authority (by whatever name it may be called) of the union, to make application in writing for registration within three months after the date of the estab lishment of the union:

Provided that any trade union which, on 31 July 1965, was reg istered under the Trade Union and Trade Disputes Act 1946 [repealed] shall be deemed to have been registered under this Act.

(2) In the case of a trade union established on or before 31 July 1965, but not registered under the Trade Union and Trade Disputes Act 1946 [repealed] this section shall apply as if 31 July 1965 were the date of the establishment of the union.

(3) Any person who fails to comply with the requirements of this section commits an offence against this Act:

Punishment on summary conviction: a fine of $72 and a further fine of $72 in respect of each week during which the offence continues after conviction.

(4) Where an offence against this section is committed jointly by a number of persons each of those persons shall be liable to the pun ishment provided by subsection (3).

(5) The Registrar may, if he thinks fit, from time to time grant an extension of the period specified in subsection (1), provided that such period shall not, in any particular case, be so extended as to exceed a period of one month in the aggregate.

Membership in unregistered trade union an offence

10 If an application for registration of a trade union has not been made as required by this Act, or if registration of a trade union has been refused, then every member of the trade union who continues as a mem ber thereof, and every person who takes part in any meeting or proceed ings thereof, knowing that such union is not registered under this Act, commits an offence against this Act;

Punishment on summary conviction: a fine of $144;

Registration procedure

11 (1) With respect to the registration of a trade union and of the rules thereof, the following provisions shall have effect—

(a) an application in writing to register the trade union and its rules shall be sent to the Registrar in the prescribed form and signed by seven or more members of the union, any of whom may be officers thereof, and shall be accompanied by two copies of the rules, signed by the seven members signing the application and a list of the titles and names of the officers of the trade union',

(b) the Registrar may call for further information for the purposes of satisfying himself that any application com plies with this Act or that the trade union is entitled to registration under this Act

(c) no trade union shall be registered under a name identi cal with that under which any other existing trade union has been registered or so nearly resembling such name as to be likely to deceive the members or the public;

(d) the Registrar shall refuse to register any trade union unless he is satisfied—

(i) that all the purposes of the trade union are lawful;

(ii) that, having regard to the constitution of the trade union, the principal purposes of the trade
union are statutory purposes; and

(iii) that this section and of any regulations made under this Act with respect to registration have been complied with;

(e) where the Registrar refuses to register a trade union he shall forthwith inform the applicants in writing of the grounds of his refusal;

(f) an appeal shall lie to the Supreme Court from a refusal of the Registrar to register a trade union, and on such appeal the Supreme Court may make any such order as it thinks proper, including any directions as to the costs of the appeal;

(g) the Supreme Court may make rules governing such ap peals providing for the method of giving evidence, pre scribing the time within which such appeals shall be brought, the fees to be paid, the procedure to be followed and the manner of notifying the Registrar of the appeal; and

(h) the Registrar shall be entitled to be heard on any appeal.

Certificate of registration

12 (1) On application being made for the registration of a trade union, the Registrar, if he is satisfied as to the matters mentioned in section 11(d), shall register the trade union and its rules, and shall issue a certificate of registration.

(2) A certificate of registration shall, unless proved to have been withdrawn or cancelled, as hereinafter in this Act provided, be conclusive evidence that the regulations made under this Act relating to registration have been complied with in respect of the matters certified in the certifi cate.

Cancellation or withdrawal of registration

13 (1) The Registrar may withdraw or cancel the certificate of reg istration of a trade union in the following cases—

(a) at the request of the trade union, to be evidenced in such manner as the Registrar may from time to time di rect;

(b) on proof to the satisfaction of the Registrar that a certifi cate of registration has been obtained by fraud or mis take, or that the principal purposes of the trade union or any of them are not or are no longer statutory purposes, or that any one of the purposes of the trade union is unlawful, or that the trade union has wilfully and after notice from the Registrar violated any of the provisions of this Act, or has ceased to exist;

(d) if the Registrar is satisfied that the trade union is used for an unlawful purpose or a purpose inconsistent with the objects and the rules of the trade union or that the funds of the trade union are expended in an unlawful manner or on an unlawful object or on an object not authorized by the rules of the trade union.

(2) Not less than two months' previous notice in writing speci fying briefly the ground of any proposed withdrawal or cancellation of a certificate of registration, shall be given by the Registrar to a trade union before the certificate is withdrawn or cancelled:

Provided that—

(a) no notice need be given by the Registrar in any case where the withdrawal or cancellation of the certificate is at the request of the trade union, or where the trade union has ceased to exist;

(b) if any one of the purposes of a trade union is proved to be unlawful it shall be the duty of the Registrar to cancel the certificate forthwith.

(3) An appeal from the decision of the Registrar under this sec tion shall lie to the Supreme Court subject to the same conditions as are provided for an appeal against the refusal of the Registrar to register a trade union, and the Supreme Court may make rules providing for the same matters for which rules may be made in respect of such appeal.

(4) A trade union whose certificate of registration has been withdrawn or cancelled shall, from the time of the withdrawal or cancel lation, cease absolutely to enjoy as such the privileges of a registered trade union and, subject to subsection (5), shall be dissolved, but with out prejudice to any liability actually incurred by such trade union, which may be enforced as if the withdrawal or cancellation had not taken place:

Provided that where an appeal has been made under subsection (3) this subsection shall not apply until such appeal shall have been dis posed of.

(5) If after the withdrawal or cancellation of its certificate of registration a trade union continues in active operation, except for the purpose of winding up its affairs, every member of the committee of management, every trustee and every officer of the trade union who takes any part in the operation of the trade union, except for the purpose aforesaid, commits an offence against this Act:

Punishment on summary conviction: a fine of $36 for every day during which the trade union continues in active operation;

and every other person who, knowing that the certificate has been with drawn or cancelled, takes part in any meeting or proceedings of the trade union, except for the purpose aforesaid, commits an offence against this Act:

Punishment on summary conviction: a fine of $144.

Connections outside Bermuda

14 (1) No registered trade union shall be connected with or be a part of any trade union or other organization in such a manner as to place the trade union which is established within Bermuda, or any of its members, under the control of a trade union or other organization which is established outside Bermuda.

(2) The Registrar shall withdraw or cancel the certificate or registration of every trade union so connected.

Registered office of trade union

15 (1) Every trade union registered under this Act shall have a registered office to which all communications and notices may be ad dressed; and if any such trade union is in operation for seven days with out having such an office every officer thereof commits an offence against this Act:

Punishment on summary conviction: a fine of $36 for every day during which it is so in operation.

(2) Notice of the situation of the registered office of any trade union, and of any change therein, shall be given to the Registrar and recorded by him, and until such notice is given the trade union shall not be deemed to have complied with this Act.

Rules of trade unions

16 With respect to the rules of a trade union registered under this Act, the following provisions shall have effect—

(a) the rules of each trade union shall contain provisions in respect of the following matters—

(i) the name of the trade union and place of meet ing for the business of the trade union;

(ii) the whole of the purposes for which the trade union is to be established, the purpose for which the funds thereof shall be applicable, the condi tions under which any member may become en titled to any benefit assured thereby, the sub scriptions and contributions, if any, to be paid by any member and the form of receipt to be given to members therefor and the fines, forfei tures and other penalties to be paid by or im posed on members of the trade union;

(iii) the manner of making, altering, and rescinding rules;

(iv) the appointment and removal of a general com mittee of management, of a trustee or trustees, treasurer, and other officers;

(v) the investment of the funds, and for an annual or periodical audit of accounts;

(vi) the inspection of the books and names of mem bers of the trade union by every person having an interest in the funds of the trade union;

(vii) the taking of a secret ballot of members for all or any of the following purposes—

(1) the election or removal of officers or members of any executive committee or other governing body; or

(2) strike or lock-out action;

(b) Every amendment or alteration of the rules shall be submitted to the Registrar for registration, and no such amendment or alteration shall have effect until the Reg-
istrar has issued a certificate of registration with respect thereto; and the Registrar shall refuse to register such amendment or alteration if it appears to him that by rea son of the amendment or alteration the principal pur poses of the trade union would no longer be statutory purposes, or any of the purposes of the union would be unlawful; or if the rules would cease to contain provi sions in respect of the several matters set out in para graph (a):

Provided that an appeal from the Registrar under this section shall lie to the Supreme Court subject to the same conditions as are provided for an appeal against the Registrar to register a trade union, and the Supreme Court may make rules providing for the same matters for which rules may be made in respect of such appeal;

(c) a copy of the rules shall be delivered by the trade union to any person on demand on payment of a sum not ex ceeding twelve cents.

Circulating false copy of rules an offence

17 Any person—

(a) who, with intent to mislead or defraud, gives to any member of a trade union registered under this Act, or to any person intending or applying to become a member of a trade union, a copy of the rules or of any alterations or amendments thereof, other than those respectively which exist for the time being, on the pretence that they are the existing rules of the trade union, or that there are no other rules of such trade union; or

(b) who, with the intent aforesaid, gives a copy of any rules to any person on the false pretence that those rules are the rules of a trade union registered under this Act,

commits an offence against this Act:

Punishment on summary conviction: imprisonment for 6 months or a fine of $720.

Annual returns to be transmitted to Registrar

18 (1) A general audited statement of the receipts, funds, effects and expenditure of every trade union registered under this Act shall be submitted to the Registrar before the first day of June in every year, and shall show fully the assets and liabilities at the date, and the receipts and expenditure during the year preceding the date to which it is made out, of the trade union; and shall show separately the expenditure in re spect of the several purposes of the trade union, and shall be prepared and made out up to such date in such form, And comprising such par ticulars, as the Registrar may from time to time require; and any member of and depositor in such trade union shall be entitled to receive, on ap plication to the treasurer or secretary of that trade union, a copy of such general statement without making any payment therefor. Such general statement shall be audited by some fit and proper person or persons ap pointed or approved by the Registrar.

(2) The account books of any trade union and all vouchers and other documents relating thereto shall, if the Registrar so requires, be produced to him for inspection and audit.

(3) Every trade union shall send to the Registrar within three months of the date to which the books of the trade union are made up in every year a copy of all alterations of rules and new rules and changes of officers made by the trade union during the year preceding such date, and a copy of the rules of the trade union as they exist at that date.

(4) Every officer of a trade union which fails to comply with this section commits an offence against this Act:

Punishment on summary conviction: a fine of $72.

(5) Any person who wilfully makes or orders to be made any false entry in or any omission from any such general statement, or in or from the return of such copies of rules or alterations of rules, commits an offence against this Act:

Punishment on summary conviction: imprisonment for 3 months or a fine of $360.

Registrar may institute proceedings

19 The Registrar may institute proceedings for an offence under any of the preceding sections or under section 26 and may conduct any such proceedings.

Trade union may purchase land

20 (1) It shall be lawful for any trade union registered under this Act to purchase or take upon lease in the name of the trustees for the time being of the trade union any land not exceeding one acre, and to
sell, exchange, mortgage or let any such land, and no purchaser, as signee, mortgagee or tenant shall be bound to inquire whether the trustees have authority for the sale, exchange, mortgage or letting, and the receipt of the trustees shall be a discharge for the money arising therefrom.

(2) No member of a trade union shall be entitled to be regis tered as a freeholder in respect of any land held by the trade union so as to qualify him for election to any municipal, parochial or other public body or so as to confer upon him any parliamentary, municipal or parochial franchise.

Vesting of real and personal property in trustees of trade union

21 (1) All real and personal property whatsoever belonging to any trade union registered under this Act shall be vested in the trustees for the time being of the trade union appointed as provided by this Act, for the use and benefit of the trade union and the members thereof, and shall be under the control of the trustees, their respective executors or administrators, according to their respective claims and interests.

(2) Upon the death or removal of any such trustees the prop erty shall vest in the succeeding trustees for the same estate and interest as the former trustees had therein, and subject to the same trusts, with out any conveyance or assignment whatsoever, except in the case of stocks and securities in the public funds of Bermuda, which shall be transferred into the names of the new trustees.

(3) In all actions, or suits, or indictments, or summary pro ceedings before any court touching or concerning any such property, the property shall be stated to be the property of the person or persons for the time being holding the said office of trustee, in their proper names, as trustees of the trade union, without any further description.

Trustees may bring and defend actions

22 The trustees of any trade union registered under this Act, or any other officer of any such trade union who may be authorized so to do by the rules thereof, are hereby empowered to bring or defend, or cause to be brought or defended, any action, suit, prosecution or complaint in any court touching or concerning the property or right or claim to property of the trade union; and shall and may, in all cases concerning the real or personal property of such trade union, sue and be sued, plead and be impleaded, in any court in their proper names, without other description than the title of their office of such trade union, and no such action, suit, prosecution, or complaint shall be discontinued or shall abate by death or removal from office of such persons or any of them, but shall and may be proceeded in by their successor or successors, as if such death, res ignation or removal had not taken place; and such successors shall pay or receive the like costs as if the action, suit, prosecution, or complaint had been commenced in their names for the benefit of, or to be reim bursed from, the funds of the trade union, and the summons to be is sued to such trustees or other officer may be served by leaving the same at the registered office of the trade union.

Limitation of liability of trustees

23 A trustee of any trade union registered under this Act shall not be liable to make good any deficiency which may arise or happen in the funds of the trade union, but shall be liable only for the moneys which are actually received by him on account of the trade union.

Duty of officers of trade unions to render accounts

24 (1) Every treasurer or other officer of a trade union registered under this Act at such time and in such manner as may be prescribed by the rules of the trade union, or at any time upon being required to do so by the trustees or by the committee of management or by the members of the trade union, shall render to the trustees, or to the committee of management, or to the members assembled at a meeting of the trade union (as the case may be) a just and true account of all moneys received and paid by him since he last rendered the like account, and of the bal ance then remaining in his hands, and of all bonds or securities of the trade union, which account the said trade union shall cause to be au dited by some fit or proper person or persons appointed or approved by the Registrar.

(2) The treasurer or other officer, if so required, upon the said account being audited, shall forthwith hand over to the trustees the bal ance which on such audit appears to be due from him, and shall also, if required, hand over to the trustees all securities and effects, books, pa pers and property of the trade union in his hands or custody.

(3) If the treasurer or other officer fails to do as in subsection (2) required, the trustees of the trade union may sue him in any compe tent court for the balance appearing to have been due from him upon the account last rendered by him, and for all the moneys since received by him on account of the trade union, and for the securities and effects, books, papers and property, in his hands or custody, leaving him to set off in such action the sums, if any, which he may have since paid on ac count of the trade union.

Penalty for withholding money, securities or other effects of trade union

25 If any officer, member, or other person being or representing himself to be a member of a trade union registered under this Act, or the nominee, executor, administrator, or assignee of a member thereof, or any person whatsoever, by false representation or imposition obtains possession of any moneys, securities, books, papers or other effects of such trade union, or having the same in his possession, wilfully with holds or fraudulently misapplies the same or any part thereof to pur poses other than those expressed or directed in the rules of such trade union, then a court of summary jurisdiction, upon a complaint made by any person on behalf of such trade union or by the Registrar, may, by summary order, order such officer, member or other person to deliver up all such moneys, securities, books, papers or other effects to the trade union or to repay the amount of the money applied improperly, and to pay, if the court thinks fit, a further sum of money not exceeding forty-eight dollars, together with costs and in default of such delivery of effects or repayment of such amount of money or payment of such penalty and costs aforesaid, the court may order the offender to be imprisoned for a term not exceeding three months:

Provided that nothing in this section shall affect any liability of such person to be proceeded against by indictment, instead of summar ily, in respect of any indictable offence.

Falsification of accounts an offence

26 If any officer or member of a trade union or any person employed by a trade union does any of the following acts with intent to defraud—

(a) destroys, alters, mutilates or falsifies any book, docu ment, account or valuable security which belongs to the trade union or has been received by him on account of the trade union, or any entry in any such book, docu ment or account, or is privy to any such act; or

(b) makes, or is privy to making, any false entry in any such book, document or account; or

he commits an offence against this Act:

Punishment on summary conviction: imprisonment for 6 months;

Punishment on conviction on indictment: imprisonment for 2 years.

Restriction on application of funds for certain political purposes

27 (1) The funds of a trade union shall not be applied, either di rectly or in conjunction with any other trade union, association, or body, or otherwise indirectly, in the furtherance of the political objects to which this section applies (without prejudice to the furtherance of any other political objects).

(2) The political objects to which this section applies are the expenditure of money—

(a) on the payment of any expenses incurred either directly or indirectly by a candidate or prospective candidate for election to the House of Assembly or to any public office, before, during, or after the election in connection with his candidature or election; or

(b) on the holding of any meeting or the distribution of any literature or documents in support of any such candi date or prospective candidate; or

(c) on the maintenance of any person, other than an officer of a trade union, who is a member of the House of As sembly or who holds a public office; or

(d) in connection with the registration of electors or the se lection of a candidate for the House of Assembly or any public office; or

(e) on the holding of political meetings of any kind, or on the distribution of political literature or political docu ments of any kind, unless the main purpose of the meetings or of the distribution of the literature or docu ments is the furtherance of statutory purposes within the meaning of this Act.

(3) In this section "public office" means the office of member of any municipal council, or parish council, or of any public body who have power to raise money, either directly or indirectly, by means of a rate, fee, charge or tax.

Persons barred from holding office

28 No person who has been convicted of any offence involving fraud or dishonesty or who is an undischarged bankrupt shall within five years of the date of such conviction or until he is discharged, as the
case may be, be an officer or a person employed in administering or collecting funds of a trade union and any such officer or person who is convicted or who is an undischarged bankrupt shall forthwith vacate his office or cease to be so employed, as the case may be.

No action in tort against trade union

29 (1) An action against a trade union, whether of workmen or employers, or against any member or official thereof on behalf of them selves and all other members of the trade union in respect of any tor tious act alleged to have been committed by or on behalf of the trade union, shall not be entertained by any court.

(2) Nothing in this section shall affect the liability of the trustees of a trade union to be sued in the events provided for by section 22, except in respect of any tortious act committed by or on behalf of the union in contemplation or furtherance of a labour dispute.

Rights of workman in respect of trade union membership

30 (1) As between himself and his employer, every workman shall have the following rights—

(a) the right to be a member of such trade union as he may choose;

(b) subject to section 31, the right not to be a member of any trade union or to refuse to be a member of a partic ular trade union;

(c) where he is a member of a trade union, the right, at any appropriate time, to take part in the activities of the trade union (including any activities as, or with a view to becoming, an official of the trade union) and the right to seek or accept appointment or election, and (if appointed or elected) to hold office, as such an official.

(2) Any employer, or any person acting on behalf of an em ployer who—

(a) prevents or deters a workman from exercising any of the rights conferred on him by subsection (1); or

(b) dismisses, penalizes or otherwise discriminates against a workman by reason of his exercising any such right; or

(i) he was a member of a trade union or of a par ticular trade union; or

(ii) that he was not then a member of a trade union or of a particular trade union or of any of two or more particular trade unions,

commits an offence:

Punishment on summary conviction: a fine of $1,500.

(3) For the purposes of subsection (2)(a) an employer, or a per son acting on behalf of an employer, shall not be regarded as preventing or deterring a workman from exercising the rights conferred on the workman by subsection (1)(a) by reason only that (without any sugges tion or reward for compliance or penalty for non-compliance) he seeks to encourage the workman to join a trade union which the employer recog nises as having negotiating rights in respect of him.

(4) Where an employer offers a benefit of any kind to any workmen as an inducement to refrain from exercising a right conferred on them by subsection (1), and the employer—

(a) confers that benefit on one or more of those workmen who agree to refrain from exercising that right; and

(b) withholds it from one or more of them who do not agree to do so,

the employer shall for the purposes of this section be regarded, in rela tion to any such workman as is mentioned in paragraph (b), as having thereby discriminated against him by reason of his exercising that right.

(5) In this section "appropriate time", in relation to a workman taking part in any activities of a trade union, means time which either—

(a) is outside his working hours; or

(b) is a time within his working hours at which, in accor dance with arrangements agreed with, or consent given by or on behalf of, his employer, it is permissible for him to take part in those activities,

and in this subsection "working hours", in relation to a workman, means any time when, in accordance with his contract with his employer, he is required to be at work.

Modification of rights by agency shop

31 (1) Where an agency shop is for the time being in force, a workman in relation to whom the agency shop applies shall not have the right, as between himself and an employer in relation to whom the agency shop applies, to refuse to be a member of the trade union for whose benefit the agency shop exists unless he agrees to pay appropriate contributions to the trade union in lieu of membership of it.

(2) Notwithstanding section 30 it shall be lawful for an em ployer who is required to set up and continue in being an agency shop under section 37, or for a person acting on behalf of such an employer—

(a) to dismiss, penalize or otherwise discriminate against a workman in relation to whom such agency shop applies on the grounds that he is not a member of the trade union for whose benefit the agency shop exists and has not agreed, or has refused or failed, to pay appropriate contributions to the trade union or as provided in sec tion 33 to a charity; or

(b) to refuse to engage a workman who, if engaged by the employer, would be a workman in relation to whom the agency shop applies, on the grounds that he is not a member of that trade union and refuses to become a member of it and also refuses to pay appropriate contri butions to the trade union or as provided in section 33 to a charity.

(3) Where a workman in relation to whom an agency shop ap plies has agreed to pay appropriate contributions to the trade union for whose benefit the agency shop exists, and requests his employer to deduct the contributions from his remuneration and pay them on his behalf, then so long as that request remains in force—

(a) he shall not be regarded for the purposes of subsection (2)(a) as having refused to pay contributions to the trade union; and

(b) any failure on the part of the employer to comply with the request shall not be regarded as a failure on the part of the workman to pay contributions.

(4) In relation to a person who, in accordance with section 33 elects to pay contributions to a charity instead of contributions to a trade union, subsections (1) to (3) shall have effect as if any reference to ap propriate contributions to a trade union were a reference to equivalent contributions to that charity.

Appropriate contributions to trade union in lieu of membership

32 (1) Any reference in this Act to appropriate contributions to a trade union in lieu of membership of the trade union shall be construed in accordance with the following provisions of this section.

(2) Appropriate contributions to a trade union in lieu of mem bership may be either—

(a) periodical payments only; or

(b) periodical payments and an initial payment,

as any particular agency shop agreement or agency shop scheme may provide; and, subject to the following provisions of this section, the amount of any such contribution payable by any person under an agency shop agreement or agency shop scheme shall be such amount as may be determined in accordance with such agreement or scheme.

(3) In so far as they consist of periodical payments, appropriate contributions payable to a trade union by a workman in relation to whom an agency shop applies for any year in pursuance of an agency shop agreement or under an agency shop scheme shall not in the aggre gate exceed the aggregate amount which he would be required to pay for that year by way of periodical contributions in respect of membership dues only if he were a member of the trade union.

(4) An agency shop agreement or an agency shop scheme may provide that appropriate contributions payable to a trade union by a workman in relation to whom an agency shop applies may include an initial payment to a trade union where, under the rules of the trade union, a new member of the trade union would be required, on joining the union, to pay an initial contribution in addition to any periodical contribution; but any initial payment for which the agency shop agree ment or agency shop scheme provides shall not exceed the initial contri bution so required by such rules.

Contributions to charity instead of contributions to trade union

33 Any workman who—

(a) in accordance with an agency shop agreement or an agency shop scheme would, unless otherwise permitted under this section, be required to agree to pay appropri ate contributions to a trade union in lieu of membership of it; but

(b) objects both to being a member of a trade union and to paying contributions to a trade union in lieu of member ship of it,

may inform his employer that, instead of paying such contributions, he elects to pay equivalent contributions to a charity selected by him.

Setting up of agency shop by agreement

34 (1) In this section and sections 35 and 36 "collective agree ment", means a collective bargaining agreement between a workmen's trade union and an employer or an employers' trade union.

(2) The parties to a collective agreement may agree to set up an agency shop (such agreement being termed, for the purposes of this Act, an "agency shop agreement") in respect of workmen of one or more de scriptions specified in the agency shop agreement, being workmen in re spect of whom the trade union party to the agency shop agreement has negotiating rights under the collective agreement.

(3) The parties to an agency shop agreement may, by a further agency shop agreement, vary or terminate an agency shop set up by a previous agency shop agreement.

(4) No agency shop agreement shall take effect unless it is ap proved by the workmen in respect of whom it is to apply by ballot in pur suance of the order of the Minister under section 35(3).

(5) An agency shop agreement shall not contain any provision at variance with this Act, and an agency shop agreement under subsec tion (2) shall specify—

(a) the employer or employers to be included within the agency shop;

(b) the categories of workmen to be included in the agency shop;

(c) the manner in which the appropriate contributions for the purposes of section 32 are to be determined, and whether or not new members of the trade union are re quired to pay an initial payment on joining the union;

(d) the manner in which the appropriate contributions re ferred to in paragraph (c) are to be collected;

(e) the period during which the agency shop is to be in force or whether the agency shop is to continue in force in definitely.

Report of agreement or failure to enter into agreement

35 (1) Where the parties to a collective agreement have—

(a) entered into an agency shop agreement in accordance with section 34; or

(b) failed to enter into such an agreement,

then any party to such collective agreement may report the matter to the Labour Relations Officer, and such report shall, where the parties have entered into an agency shop agreement, be accompanied by a copy of the agreement.

(2) Where a failure to enter into an agency shop agreement is reported under subsection (1), the Labour Relations Officer shall endeav our to conciliate the parties concerned and to assist them to reach agreement, and if he is unable so to do, shall report the matter to the Minister.

(3) Subject to section 36, the Minister shall as soon as practi cable after—

(a) the entering into of an agency shop agreement is re ported to the Labour Relations Officer under subsection (1);

(b) the failure of conciliation is reported to him by the Labour Relations Officer under subsection (2),

order a secret ballot to be taken in accordance with section 36.

(4) Part II of the Labour Relations Act 1975 [title 18 item 1] shall not apply to a labour dispute arising out of a failure of any party to a collective agreement to enter into an agency shop agreement or to agree to any proposal as to the provisions thereof or to commence negotiations with the object of entering into an agency shop agreement.

Ballot on agency shop agreements and agency shop schemes

36 (1) The order of the Minister under section 35(3) shall specify—

(a) the area of employment in relation to which the ballot is to be taken, that area being defined in the order by ref erence to (or to any combination of) any of the following, that is to say, one or more industries specified in the or der, one or more undertakings or parts of undertakings so specified, and one or more descriptions of workmen so specified;

(b) the question upon which the ballot is to be taken be ing—

(i) in the case of a ballot upon an agency shop agreement, the approval of that agreement;

(ii) in the case of a ballot following the failure of conciliation under section 35(2), the approval of the scheme prepared by the Minister under sub section (3) (such scheme being termed, for the purposes of this Act, an "agency shop scheme");

(c) the manner in which the ballot is to be conducted, in cluding the supervision thereof by the Labour Relations Officer or some person specified by him;

(d) the time within which the ballot is to be taken; and

(e) the period within which the result of the ballot is to be reported to the Minister.

(2) The order shall include provisions for enabling the workmen eligible to vote in the ballot to be determined; and those provisions shall be formulated in such manner as in the opinion of the Minister will se cure that all workmen falling within the area of employment specified in the order in accordance with subsection (1)(a) will be eligible to vote.

(3) Where a ballot follows the failure of conciliation under sec tion 35(2) the Minister shall prepare the agency shop scheme after con sidering such representations as the parties to the collective agreement may make to him.

(4) Representations to the Minister under subsection (3) shall be made in such manner and within such time as the Minister may de termine.

(5) An agency shop scheme shall specify the matters listed in paragraphs (a) to (e) of section 34(5).

(6) An order under section 35(3) shall be published in such manner as the Minister may consider best calculated to bring its con tents to the notice of the persons affected thereby.

(7) Any employer, trade union or workman affected by a ballot for an agency shop which he alleges has been irregularly conducted may within four weeks of the ballot apply to the Supreme Court for the setting aside of the ballot, and the Supreme Court may make such order therein as it thinks just, but subject thereto, the result of a ballot as declared to the Minister shall not by questioned in any court of law.

Effect of ballot under section 36

37 (1) If the result of a ballot as reported to the Minister in accor dance with his order under section 36 is that a majority of the workmen eligible to vote in the ballot have voted in favour of the agency shop, then it shall be the duty of the employer to take all such action as is requisite on his part for setting up the agency shop in accordance with the agency shop agreement or agency shop scheme in respect of the description or descriptions of workmen comprised in the ballot and for continuing it in being for so long as it shall remain in force.

(2) If the result of a ballot as reported to the Minister in accor dance with his order under section 35(3) is that a majority of the work men eligible to vote in the ballot have not voted in favour of the agency shop then the agency shop agreement providing for the setting up of such a shop shall, to the extent that it so provides, be void.

(3) No report shall be made to the Labour Relations Officer un der section 35(1) in respect of a proposed agency shop which will apply in respect of workmen eligible to vote in the ballot until the expiration of a period of one year from the date of the ballot.

Duration of agency shop

38 (1) An agency shop shall last for the duration of the period during which the agency shop is to be in force under the agency shop agreement or agency shop scheme unless it is sooner terminated—

(a) by a subsequent agency shop agreement taking effect under this Act; or

(b) under this section.

(2) Subject to the following provisions of this section, any workman in respect of whom an agency shop applies may make an ap plication to the Minister under this section.

(3) The Minister shall not entertain such an application as is mentioned in subsection (2)—

(a) unless he is satisfied that not less than one-tenth of the workmen to whom the agency shop for the time being applies have signified in writing their concurrence in the application; or

(b) if the application is made before the end of a period of
two years beginning with the date upon which the result of the ballot giving effect to or continuing in being the agency shop was reported to the Minister under section 36 or this section.

(4) Subject to subsection (3) the Minister shall, upon receiving an application under subsection (2), order that a secret ballot shall be taken and such order shall specify—

(a) the manner in which the ballot is to be conducted, in cluding supervision thereof by the Labour Relations Offi cer or some person specified by him;

(b) the time within which the ballot is to be taken; and

(5) The persons eligible to vote in the ballot shall be the work men in respect of whom the agency shop applies.

(6) If the result of the ballot, as reported in accordance with the order of the Minister under subsection (4), is that the majority of the workmen eligible to vote in the ballot have voted against the continuance of the agency shop, the agency shop shall cease to be lawful and section 30 shall apply accordingly.

Complaint of breach of duty under section 37(1)

39 (1) Application may be made to the Supreme Court by a trade union where the trade union alleges that an employer in contravention of his duty under section 37(1) has not taken all such action as was requi site on his part for the purpose of setting up an agency shop in relation to such trade union, or for the purpose of continuing such agency shop in being for so long as the shop is in force.

(2) If, on such a complaint, the Court finds that the grounds of the complaint are well founded, the Court may, if it considers that it would be just and equitable to do so, make any one or more of the fol lowing orders—

(a) an order determining the rights of the trade union and of the employer in relation to the matters to which the complaint relates;

(b) an order directing the employer to take such action in fulfilment of the duty in question as, in the opinion of the Court, it would be within the power of the employer to take and is action which in the circumstances he ought to be required to take.

(3) The power to make rules of the Supreme Court provided by section 62 of the Supreme Court Act 1905 [title 8 item 1] shall include power to make rules regulating, subject to, and for the purpose of, giving effect to, this section, the practice and procedure on all matters relating to the granting of relief under this section.

Victimisation

40 (1) Any employer who dismisses any workman employed by him or reduces the rate of his remuneration or alters the terms or condi tions of his employment to terms or conditions less favourable to him or alters his position relatively to other workmen employed by him to that workman's disadvantage on the grounds that that workman has given information which by or under any of the provisions of this Act he is re quired to give, or which relates to the terms or conditions of his employ ment or of the employment of other workmen employed by his employer, to any conciliator or Arbitration Tribunal acting in relation to any labour dispute, or to any registered trade union of which he is a member or to any officer of any such trade union, or has given evidence before any court of law, commits an offence against this Act:

Punishment on summary conviction: a fine of $720.

(2) The Court which tries any such offence may, in addition to imposing a penalty, order that the workman concerned, unless rein stated, where appropriate with payment of unpaid wages, shall be awarded damages not exceeding two hundred and forty dollars proved to have been suffered by him and, failing payment of such damages, may sentence the employer to imprisonment for a term of one month in addi tion to any other penalty which the court has imposed upon him.

(3) For the purposes of this section "employer" includes any servant or agent of an employer who is authorized by that employer to engage or dismiss workmen on his behalf.

Person under 21 but over 16 may become member of trade union

41 A person under the age of twenty-one years, but above the age of sixteen years, may be a member of a trade union unless provisions are made in the rules thereof to the contrary, and may, subject to the rules of the trade union, enjoy all the rights of a member except as herein pro vided, and may execute all instruments and give all acquittances neces sary to be executed or given under the rules, but shall not be a member of the committee of management, trustees, or
treasurer of the trade union.

Member of trade union may nominate persons to receive moneys on his death

42 (1) A member of a trade union may, by writing under his hand, delivered at, or sent to, the registered office of the trade union nominate any person not being an officer or servant of the trade union (unless such officer or servant is the husband, wife, father, mother, child, brother, sister, nephew or niece of the nominator), to whom any moneys payable on the death of such member, not exceeding one hundred and twenty dollars, shall be paid at his decease, and may from time to time revoke or vary such nomination by a writing under his hand similarly delivered or sent; and on receiving satisfactory proof of the death of a nominator, the trade union shall pay to the nominee the amount due to the deceased member not exceeding the amount aforesaid.

(2) Every trade union shall keep a record or, register of all nominations made under subsection (1) and of all revocations and varia tions of any such nominations.

Change of name of trade union

43 (1) A trade union may, with the approval in writing of the Reg istrar, change its name by the consent of not less than two thirds of the total number of members.

(2) No change of name shall affect any rights or obligations of the trade union or of any member thereof and any pending legal pro ceedings may be continued by or against the trustees of the trade union or any other officer who may sue and be sued on behalf of the trade union notwithstanding its new name.

Amalgamation of trade unions

44 Any two or more trade unions may become amalgamated to gether as one trade union if in the case of each or every such trade union, on a ballot being taken, the votes of at least fifty per centum of the members entitled to vote thereat are recorded, and of the votes recorded those in favour of the proposal exceed by twenty per centum or more the votes against the proposal; and such amalgamation may be ef fected with or without any dissolution or division of the funds of such trade unions, or either or any of them; but no amalgamation shall preju dice any right of a creditor of either or any trade union party thereto.

Notice of change of name or amalgamation

45 Notice in writing of every change of name or amalgamation, signed, in the case of a change of name, by seven members, and coun tersigned by the secretary of the trade union changing its name, and ac companied by a certificate under the hand of the secretary certifying that the provisions of this Act in respect of changes of name have been com plied with, and, in the case of an amalgamation, signed by seven mem bers, and countersigned by the secretary of each and every trade union party thereto, and accompanied by a certificate under the hand of each such secretary that the provisions of this Act in respect of amalgamation have been complied with, shall be sent to the Registrar for registration and until such change of name or amalgamation is so registered it shall not take effect.

Notice of dissolution must be sent to Registrar

46 Notice of the dissolution of any trade union shall be sent under the hand of the secretary and seven members of the trade union to the Registrar within fourteen days of the dissolution and shall be registered by him.

Failure to give notice or send documents

47 (1) Any trade union which fails to give any notice or send or produce any document which it is required by this Act, to give, send or produce and every officer or other person bound by the rules thereof to give send or produce the notice or document, or if there is no such offi cer, then every member of the committee of management of the union, unless proved to have been ignorant of, or have attempted to prevent the omission, shall be liable to forfeit a sum not exceeding twelve dollars re coverable before a court of summary jurisdiction in the manner provided by the Magistrates Act 1948 [title 8 item 15] at the suit of the Registrar or of any person aggrieved, and to an additional forfeiture of the like amount for each week during which the omission continues.

(2) Nothing in this section shall be construed so as to prejudice the effect of any of the foregoing provisions of this Act under which criminal proceedings may be taken against an officer of a trade union or other person for an omission to give any notice or send or produce any document:

Provided that no such officer or other person shall be liable both to criminal proceedings and to proceedings under this section in respect of the same omission.

Bermuda Consolidated Legislation

Trade Union Act 1965