Worker Participation (State Enterprises) Act, 1977

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Elections not to be proceeded with in certain circumstances.

13.—(1) If at an election the returning officer receives during the period of seven days beginning on the stated day from—

(a) a trade union or other body of persons which the returning officer is satisfied,

(i) in case the election relates to Aer Lingus, is both recognised for the purposes of collective bargaining either by that company or by Aerlinte and represents not less than fifteen per cent. of the employees of those companies, being employees entitled to vote at the election, when the numbers of employees employed by them and being so entitled are each added together,

(ii) in case the election relates to any other designated body, is both recognised for such purposes by that designated body and represents not less than fifteen per cent. of the employees of that body who are entitled to vote at the election, or

(b) each of two or more trade unions or other bodies of persons which the returning officer is satisfied between them collectively represent not less than fifteen per cent. of such employees and as regards each of which the returning officer is satisfied that the body is so recognised,

an application in writing requesting him not to proceed with the election, for the purposes of ascertaining whether or not a majority of those entitled to vote at the election is in favour of proceeding further with the election he shall arrange forthwith for the taking of a poll under this section (which poll is in this Act referred to as a “preliminary poll”) and appoint either a day, or a period of more than one but not more than five days, which shall be the earliest day or period of days, as the case may be, for the taking of the poll.

(2) A decision of a returning officer as to whether or not in a particular case a trade union or other body of persons is entitled to make an application under subsection (1) of this section shall be final and shall not be appealable.

(3) The following provisions shall apply in relation to a preliminary poll:

(a) section 9 (other than subsection (3)) and section 12 (3) of this Act shall apply to the poll in the manner in which they apply to the taking of a poll at an election,

(b) every person who is entitled to vote at an election regarding the relevant designated body shall be entitled to vote at the poll,

(c) the votes at the poll shall be given by secret ballot and the ballot of each voter shall consist of a paper (in this section referred to as a ballot paper),

(d) every ballot paper at the poll shall be in the prescribed form,

(e) any ballot paper—

(i) on which no vote is placed at all, or

(ii) on which the vote is not so placed as to indicate that the voter approves or does not approve of the holding of the relevant election, or

(iii) on which votes are given both for and against the holding of the relevant election, or

(iv) on which anything by which the voter can be identified is written or marked,

shall be invalid and shall not be counted.

(4) As soon as may be after the taking of a preliminary poll, the returning officer shall count the votes recorded on the ballot papers and ascertain the number of votes thereby given in favour of holding the relevant election and the number of votes thereby given against holding that election and shall record the said numbers respectively.

(5) In case the majority of the votes at a preliminary poll is against proceeding further with the relevant election, the returning officer shall, notwithstanding any other provision of this Act, not proceed further with the election, and as soon as may be he shall inform the Minister and the appropriate Minister in writing that he is not proceeding further with the election.

(6) Where a preliminary poll is held and not less than half of the votes at the poll are in favour of proceeding further with the relevant election, the returning officer shall proceed with the election and may, if he thinks fit, in lieu of the nomination day already fixed in relation to the election, fix a new nomination day and in case a nomination day is fixed pursuant to this subsection, that day and not the day previously fixed under section 6 of this Act, shall, for the purposes both of the relevant election and this Act, in so far as it relates to that election, be the nomination day.