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Appeal from refusal of membership of trade union having exclusive right of organisation.
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5.—(1) Before granting under Part III of the Act of 1941 a determination that a particular trade union shall alone have the right to organise masters or workmen of a particular class, the Tribunal shall require such trade union to satisfy the Tribunal that, immediately upon the grant of the determination, such trade union will put into operation a satisfactory system of appeal from refusal of membership of such trade union and will, so long as the determination remains unrevoked, maintain such system of appeal in operation and give effect to the decisions given thereunder.
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(2) For the purposes of sub-section (1) of this section, a system of appeal shall not be regarded as satisfactory unless—
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(a) it is approved of by the Tribunal, and
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(b) it provides for the consideration of appeals by either an arbitrator approved of, or the method of whose appointment is approved of, by the Tribunal or an appellate body approved of, or the method of appointment of which is approved of, by the Tribunal.
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(3) Immediately upon the grant under Part III of the Act of 1941 of a determination that a particular trade union shall alone have the right to organise masters or workmen of a particular class, such trade union shall put into operation the system of appeal from refusal of membership of such trade union which was approved of by the Tribunal on the hearing of the application for the determination and shall, so long as the determination remains unrevoked, maintain such system of appeal in operation and give effect to the decisions given thereunder.
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(4) Where a determination has been granted under Part III of the Act of 1941 that a particular trade union shall alone have the right to organise masters or workmen of a particular class and, while the determination remains unrevoked, such trade union fails to comply with any requirement of sub-section (3) of this section, such of the members and officers of such trade union as consent to or facilitate such failure and, in the case of a trade union registered under the Trade Union Acts, 1871 to 1941, the trade union itself shall each be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds.
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(5) This section shall be construed as one with Part III of the Act of 1941 and shall come into operation on the same date as the said Part III comes into operation.
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