Worker Participation (State Enterprises) Act, 1988

Polls as regards consultative arrangements referred to in section 6 .

4.—(1) Where—

(a) the appropriate officer of a specified body receives an application in writing requesting the body to establish and thenceforth maintain arrangements referred to in section 6 of this Act, and

(b) such officer is satisfied that such application is signed by at least fifteen per cent. of the persons who, on the date of the application, were employees of the body,

he shall arrange for the taking of a poll under this section for the purpose of ascertaining whether or not a majority of the employees of the body is in favour of the establishment and maintenance by the body of such arrangements, and in particular—

(c) appoint, in accordance with subsection (2) of this section, either a day on which, or a period of not more than thirty days during which, the poll shall be taken,

(d) appoint a day, which shall be a day within the period of seven days beginning on the day on which the application was received by such officer, to be the appropriate day for the purposes of this section,

and every person who is, on the appropriate day, an employee of the body concerned shall be entitled to vote at the poll.

(2) The day, or the first day of a period of days, appointed under subsection (1) (c) of this section shall be a day within the period of ninety days after the receipt by an appropriate officer of the application referred to in subsection (1) of this section.

(3) Where, pursuant to this section, an appropriate officer has appointed, as the case may be, either a day or period of days on or during which a poll shall be taken, he shall, as soon as practicable after the appointment, give, in such manner as he considers appropriate, notice of—

(a) the day or, as the case may be, the period, when, or during which, the poll will be held,

(b) the place or places at which, the day on which, and the hours during which, votes other than postal votes may be cast, and

(c) in case a polling period is fixed, the place at which, and the period during which, and the hour before the expiration of which, postal ballot papers are to be received by or on behalf of the appropriate officer.

(4) The ballot paper to be used at a poll under this section shall contain a question requiring the voter to indicate whether he accepts or rejects a proposal for the establishing of arrangements pursuant to section 6 of the Worker Participation (State Enterprises) Act, 1988, and any such question shall be clear and unambiguous.

(5) The following provisions shall apply in relation to a poll under this section:

(a) 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”);

(b) each voter shall cast his vote by answering “YES” or “NO” to the question on the ballot paper;

(c) in case a particular day is fixed pursuant to subsection (1) (c) of this section as regards the poll, the poll shall be taken on that day and postal voting shall not be used;

(d) in case a period of days is so fixed pursuant to that subsection, the poll shall be taken during that period but votes, other than postal votes, may only be cast during the hours so specified on a particular day appointed for the purposes of this paragraph by the appropriate officer at the time he fixes the period during which the poll will be held;

(e) any ballot paper on which—

(i) no vote is placed at all, or

(ii) the vote is not so placed as to indicate that the voter accepts or rejects the proposal to which the ballot paper relates, or

(iii) votes indicating that the voter both accepts and rejects the proposal to which the ballot paper relates, or

(iv) anything is written or marked on the ballot paper by the voter by which he can be recognised,

shall be invalid and shall not be counted.

(6) If, at an election, the appropriate officer is satisfied that, due to interruption or any other circumstance outside his control, the taking of a poll cannot be proceeded with or completed, he shall adjourn, and if necessary further adjourn, the poll for such period as he considers appropriate to enable him, on its expiration, to proceed with or complete, as may be appropriate, the poll.

(7) As soon as may be after the taking of a poll under this section, the appropriate officer shall count the votes recorded on the ballot papers and shall ascertain the number of votes thereby given accepting, and the number of votes thereby given rejecting, the proposal to which the ballot paper relates.

(8) In case the majority of votes is in favour of accepting the proposal to which the ballot paper relates, the specified body concerned shall, as soon as may be, make arrangements pursuant to section 6 of this Act.

(9) Where a poll is held under this section and fifty per cent. or less of the votes are in favour of accepting the proposal to which the poll relates, no poll shall be held under this section in relation to the specified body concerned until the expiration of the period of four years beginning on the day on which the result of the poll has been ascertained pursuant to subsection (7) of this section.

(10) A poll shall not be held under this section in relation to a specified body at any time while arrangements made pursuant to section 6 of this Act are in force.