Worker Participation (State Enterprises) Act, 1988

Amendment of section 13 of Principal Act.

18.—Section 13 of the Principal Act is hereby amended by the substitution in subsection (1) for “five days” of “thirty days”, and the said subsection, as so amended, is set out in the Table to this section.

TABLE

(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 thirty days, which shall be the earliest day or period of days, as the case may be, for the taking of the poll.