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The Trade Union and Labour Relations (Northern Ireland) Order 1995

Status:

This is the original version (as it was originally made).

Notice of ballot and sample voting paper for employers

105.—(1) The trade union must take such steps as are reasonably necessary to ensure that—

(a)not later than the seventh day before the opening day of the ballot, the notice specified in paragraph (2), and

(b)not later than the third day before the opening day of the ballot, the sample voting paper specified in paragraph (3),

is received by every person who it is reasonable for the union to believe (at the latest time when steps could be taken to comply with sub-paragraph (a)) will be the employer of persons who will be entitled to vote in the ballot.

(2) The notice referred to in sub-paragraph (a) of paragraph (1) is a notice in writing—

(a)stating that the union intends to hold the ballot,

(b)specifying the date which the union reasonably believes will be the opening day of the ballot, and

(c)describing (so that he can readily ascertain them) the employees of the employer who it is reasonable for the union to believe (at the time when the steps to comply with that sub-paragraph are taken) will be entitled to vote in the ballot.

(3) The sample voting paper referred to in sub-paragraph (b) of paragraph (1) is—

(a)a sample of the form of voting paper which is to be sent to the employees who it is reasonable for the trade union to believe (at the time when the steps to comply with sub-paragraph (a) of that paragraph are taken) will be entitled to vote in the ballot, or

(b)where they are not all to be sent the same form of voting paper, a sample of each form of voting paper which is to be sent to any of them.

(4) In this Article references to the opening day of the ballot are references to the first day when a voting paper is sent to any person entitled to vote in the ballot.

(5) This Article, in its application to a ballot in which merchant seamen to whom Article 11 l(3) applies are entitled to vote, shall have effect with the substitution in paragraph (3), for references to the voting paper which is to be sent to the employees, of references to the voting paper which is to be sent or otherwise provided to them.

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