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Functions of Tribunal in relation to trade unions of workmen.
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26.—(1) Subject to the provisions of this section, where application is made to the Tribunal by a trade union which claims to have organised for the purpose of the carrying on of negotiations for the fixing of wages and other conditions of employment a majority of workmen of any particular class for a determination that such trade union alone shall have the right to so organise workmen of that class, the Tribunal, after hearing such application and having considered all the circumstances of the case, shall, as they consider proper in the public interest, either—
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(a) grant such determination, or
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(b) refuse to grant such determination, or
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(c) determine that two or more specified trade unions alone shall have the right to so organise workmen of that class.
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(2) The Tribunal shall not grant a determination under this section that a trade union registered under the law of another country and having its headquarters control in that country or two or more such trade unions shall alone have the right to organise workmen of any particular class.
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(3) Before granting under this section a determination that a particular trade union shall alone have the right to organise workmen of a particular class, the Tribunal shall require such trade union to satisfy the Tribunal that the grant of such determination will not affect adversely any rights or claims to benefits enjoyed for the time being by any of such workmen as members of a trade union.
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(4) Before granting under this section a determination that a particular trade union or unions shall alone have the right to organise workmen of a particular class, the Tribunal may, if it thinks proper, require such trade union or unions to satisfy the Tribunal that such trade union or unions will provide suitable employment or reasonable compensation for any officers of a trade union who will lose their employment in consequence of such determination.
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(5) When considering an application under this section, the Tribunal shall hear every person who desires to be heard and appears to have an interest in such application and shall receive any evidence tendered by such person.
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(6) No application shall be made to the Tribunal under this section by any civil service staff association.
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(7) For the purposes of this section workmen may be classified by reference to a class to which they belong, by reference to an area in which they work, or by reference to such a class and such an area, and the word “class” shall be construed in this section accordingly.
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