S.L. 452.112 Art. 6No recognized union and a union seeks recognition.

(1) Where there is no recognized union at the workplace and a union seeks to be recognized in relation thereto, if:

(a) the requesting union fails to supply any requested information as required within forty eight hours from the request, it shall be presumed that the union does not have more than 50% of the employees concerned as its members; or

(b) the requesting union has less than 50% of employees as members as ascertained by the Director on comparing the list of union members submitted by the union and that of the employees submitted by the employer, the verification process shall be considered as having been completed, and the Director shall inform the employer and the requesting union accordingly, and in such cases:

(i) the requesting union shall have no right to be recognized; and

(ii) no further request for recognition may be made by the requesting union until the expiry of one year period from the date of the request.

(2) Where there is no recognized union and a union seeks to be recognized, if the latter has more than 50% of employees as members, as ascertained by the Director on comparing the list of union members submitted by the union and that of the employees submitted by the employer, the Director shall inform the employer and union accordingly and the employer shall grant recognition to that union.