S.L. 452.112 Art. 8No recognized union and more than one union seek recognition.

(1) Where there is no recognized union, and two unions or more make a request for recognition, if:

(a) the requesting unions both fail to supply any requested information as required within forty eight hours from the request, or

(b) it is ascertained by the Director on comparing the list of union members submitted by the unions and that of the employees submitted by the employer that neither of the requesting unions has more than 50% of the employees concerned as members, the verification process shall be considered as having been completed, and the Director shall inform the employer and unions accordingly, and in such cases:

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

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

(2) Where there is no recognized union, and two unions or more make a request for recognition, if it is ascertained by the Director on comparing the list of union members submitted by the unions and that of the employees submitted by the employer that only one of the requesting unions has more than 50% of the employees concerned as members, the union enjoying more than 50% of the employees concerned as members shall be awarded recognition by the employer and the Director shall inform the employer and unions accordingly, and the other requesting union who has less than 50% of the employees as members shall have no right to be recognized and no further request for recognition may be made by the latter until the expiry of one year period from the date of the request.

(3) Where there is no recognized union, and two unions or more make a request for recognition, if it is ascertained by the Director on comparing the list of union members submitted by the unions and that of the employees submitted by the employer that both of the unions requesting recognition have more that 50% of the employees concerned as members, a ballot shall take place in terms of these regulations.