Trade Union Act, 1975

Conditions for amalgamations or transfers.

3.—(1) The conditions referred to in section 2 are the following:

(a) every member of the union shall be entitled to vote on the resolution and the voting shall be by secret ballot;

(b) every member of the union shall be allowed to vote without interference or constraint and, so far as is reasonably possible, shall be given a fair opportunity of voting;

(c) the method of voting shall consist of the marking of a voting paper by the person voting;

(d) the union shall take all reasonable steps to ensure that, not less than seven days before voting on the resolution begins, every member of the union has received a notice in writing complying with subsection (3);

(e) not less than seven days before voting on the resolution begins, the union shall cause to be published in at least one daily newspaper published in the State notice (in such form as may be prescribed by regulations made by the Minister for Industry and Commerce under section 13) of the holding of the vote.

(2) Before a resolution to approve an instrument of amalgamation or transfer is voted on by the members of a trade union, the trade union shall satisfy the Registrar that the steps it proposes to take comply with subsection (1) (d).

(3) The notice referred to in subsection (1) (d) shall—

(a) either set out in full the relevant instrument or give sufficient account of it to enable a recipient of the notice to form a reasonable judgment of the main effects of the proposed amalgamation or transfer,

(b) state, if it does not set out the instrument in full, where copies of the instrument may be inspected,

(c) comply with any regulations under this Act, and

(d) be approved by the Registrar on being satisfied that it complies with the foregoing requirements of this subsection.

(4) The relevant instrument shall comply with the requirements of any regulations under this Act for the time being in force and relating thereto.