S.I. No. 129/1943 - Trade Union Act, 1941 (Trade Union Tribunal and Appeal Board) Regulations, 1943.

STATUTORY RULES AND ORDERS. 1943. No. 129.

TRADE UNION ACT, 1941 (TRADE UNION TRIBUNAL AND APPEAL BOARD) REGULATIONS, 1943.

The Minister for Industry and Commerce, in exercise of the powers conferred on him by the Trade Union Act, 1941 (No. 22 of 1941), and of every and any other power him in this behalf enabling, and, in so far as these Regulations relate to fees, with the consent of the Minister for Finance, hereby makes the following Regulations :

1. These Regulations may be cited as the Trade Union Act, 1941 (Trade Union Tribunal and Appeal Board) Regulations, 1943.

2. In these Regulations, the expression " the Act " means the Trade Union Act, 1941 (No. 22 of 1941).

3. An application under section 25 or section 26 of the act shall be made in the form set out in the Schedule to these Regulations, shall contain the particulars and shall be signed as indicated in that form, and shall be lodged with the Tribunal at their offices in Dublin.

4. —(1) Where the Tribunal or an Appeal Board propose to hear any application, they shall—

(a) send, not less than seven days before the hearing, notice in writing of the hearing and of the time and place thereof to—

(i) the applicant, and

(ii) any person, who, in their opinion, has an interest in the hearing,

(b) publish in the press such notices (if any) of the hearing and of the time and place thereof as they consider necessary.

(2) A notice in pursuance of sub-paragraph (b) of paragraph (1) of this Article shall contain an intimation that any person who has an interest in the hearing to which the notice relates may appear at such hearing.

5. —(1) The Tribunal or an Appeal Board shall sit at such times and, with the approval of the Minister, at such places as they from time to time consider convenient for the discharge of their functions under the Act.

(2) Where the Tribunal or an Appeal Board are sitting, they may at any time adjourn such sitting.

6. —(1) A sitting of the Tribunal or of an Appeal Board shall be open to the public.

(2) Notwithstanding the provisions of paragraph (1) of this Article, the Tribunal or an Appeal Board may hold any of their sittings or any part of any of their sittings in private if, in their discretion, they consider, either of their own motion or at the instance of any person appearing or giving evidence before them, that the public should be excluded from that sitting or part of a sitting.

7. —(1) A determination under section 25, section 26, or paragraph (b) of sub-section (1) of section 32 of the act, a decision under paragraph (b) of sub-section (1) of section 25, paragraph (b) of sub-section (1) of section 26, or paragraph (a) of sub-section (1) of section 32 of the act, or a revocation under paragraph (b) of sub-section (1) of section 32 of the act shall be in writing and shall be signed by the chairman of the Tribunal.

(2) The Tribunal shall send a copy of a determination, decision, or revocation given in writing in pursuance of paragraph (1) of this Article to each of the applicants concerned and to any person who, in the opinion of the Tribunal, has an interest therein.

8. —(1) A decision under paragraph (a) or paragraph (b) of section 31 of the act shall be in writing and shall be signed by the chairman of the Appeal Board giving such decision.

(2) An Appeal Board shall send a copy of a decision given by them in writing in pursuance of paragraph (1) of this Article to each of the applicants concerned and to any person who, in the opinion of the Board, has an interest therein.

9. Where two or more applications to be heard by the Tribunal or an Appeal Board appear to them to relate to the same class of masters or workmen, they may hear such applications together.

10. Subject to the provisions of the Act and of these Regulations, the Tribunal or an Appeal Board shall regulate their own practice and procedure.

11. Any document required by these Regulations to be sent to any person shall be sent by post in a prepaid registered letter addressed to such person at his last known address.

12. —(1) In this Article—

the expression " application for a national determination " means an application for a determination in respect of masters or workmen (as the case may be) classified by reference either to the area consisting of the whole of the State or to that area and a class,

the expression " application for a local determination " means an application which is not a national determination.

(2) The fee to be paid in respect of an application for a determination under section 25 or section 26 of the act shall be—

(a) where the application is an application for a national determination—twenty-five pounds,

(b) where the application is an application for a local determination—ten pounds.

13. The fee to be paid in respect of a notice under section 29 of the act requiring a determination to be reviewed shall be a fee of the same amount as that of the fee which was paid on the application for such determination.

SCHEDULE.

TRADE UNION ACT, 1941 .

APPLICATION TO THE TRADE UNION TRIBUNAL FOR A DETERMINATION (SECTIONS 25 AND 26).

1. Name of Trade Union making application ............................................................ ..........................................

2. Address of head office :............................................................ ............................................................ ............

3. Is the Trade Union a masters' union

or a workmen's union ? ............................................................ ............................................................ ..........

4. Date of negotiation licence issued to

the Trade Union under the Trade

Union Act, 1941 :............................................................ ............................................................ ......................

5. Full particulars of classification of masters or workmen in respect of which the sole right of organisation is claimed :

............................................................ ............................................................ ............................................................ 

............................................................ ............................................................ ............................................................ 

............................................................ ............................................................ ............................................................ 

We certify that to the best of our knowledge and belief the particulars given in this application are true and that the above-mentioned Trade Union 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 masters or workmen of the class in respect of which this application is made.

Signed this .......... day of ......................, 19.....

............................................................ ..................................................

A member of the committee of management or other controlling authority of the above-mentioned Trade Union.

............................................................ .................................................

A member of the committee of management or other controlling authority of the above-mentioned Trade Union.

............................................................ .................................................

General Secretary or other Principal Officer of the above-mentioned Trade Union.

GIVEN under the Official Seal of the Minister for Industry and Commerce, this 22nd day of April, 1943.

(Signed) E. M. FORDE,

Assistant Secretary,

Department of Industry and Commerce.

The Minister for Finance consents to the foregoing regulations in so far as they relate to fees.

GIVEN under the Official Seal of the Minister for Finance, this 22nd day of April, 1943.

(Signed) J. J. MACELLIGOTT,

Secretary,

Department of Finance