Trade Union Act, 1942

Trade Union Act, 1942 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1942 Trade Union Act, 1942 Trade Union Act, 1942 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Print Full ActPriontáil an tAcht Iomlán Number 23 of 1942. TRADE UNION ACT, 1942. ARRANGEMENT OF SECTIONS Section 1. Definitions. 2. Extension of “excepted body” in section 6 of the Act of 1941. 3. Exemption in certain cases from requirement of holding negotiation licence. 4. Inspection free of charge by officer of the Minister of register of members of trade union. 5. Appeal from refusal of membership of trade union having exclusive right of organisation. 6. Repeal of certain provisions of the Act of 1941. 7. Short title and collective citation. Acts Referred to Trade Union Act, 1941 No. 22 of 1941 Agricultural Wages Act, 1936 No. 53 of 1936 Apprenticeship Act, 1931 No. 56 of 1931 Number 23 of 1942. TRADE UNION ACT, 1942. AN ACT TO AMEND AND EXTEND THE TRADE UNION ACTS, 1871 TO 1941. [9th December, 1942.] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:— Definitions. 1.—In this Act— the expression “the Minister” means the Minister for Industry and Commerce; the expression “the Act of 1941” means the Trade Union Act, 1941 (No. 22 of 1941). Extension of “excepted body” in section 6 of the Act of 1941 2.—In section 6 of the Act of 1941, the expression “excepted body” shall include a body all the members of which are employed by the same employer and which carries on negotiations for the fixing of the wages or other conditions of employment of its own members (but of no other employees). Exemption in certain cases from requirement of holding negotiation licence. 3.—(1) Notwithstanding anything contained in sub-section (1) of section 6 of the Act of 1941, a body which negotiates on a board in relation to which this section is applicable shall not, by reason only of so negotiating, be required to be the holder of a negotiation licence issued under Part II of the Act of 1941. (2) In this section, the expression “board in relation to which this section is applicable” means any of the following bodies, that is to say:— (a) a trade board established under the Trade Board Acts, 1909 and 1918, (b) the Agricultural Wages Board, (c) a committee established under the Agricultural Wages Act, 1936 (No. 53 of 1936), (d) an apprenticeship committee established under the Apprenticeship Act, 1931 (No. 56 of 1931), (e) a joint industrial council recognised by the Minister, a joint conciliation or arbitration board so recognised, or any similar body so recognised. (3) A certificate of the Minister that a body is or is not recognised for the purposes of this section by him shall be conclusive evidence in all proceedings of the matters which it certifies. Inspection free of charge by officer of the Minister of register of members of trade union. 4.—(1) Paragraph (c) of sub-section (1) of section 12 of the Act of 1941 shall have effect as if it provided that a register of members of a trade union kept in pursuance of that section shall, in the case of an inspection thereof by an officer of the Minister authorised in writing to inspect such register, be kept open for inspection free of charge. (2) Paragraph (d) of sub-section (1) of section 13 of the Act of 1941 shall have effect as if it provided that a register of members of a trade union kept in pursuance of that section shall, in the case of an inspection thereof by an officer of the Minister authorised in writing to inspect such register, be kept open for inspection free of charge. Appeal from refusal of membership of trade union having exclusive right of organisation. 5.—(1) Before granting under Part III of the Act of 1941 a determination that a particular trade union shall alone have the right to organise masters or workmen of a particular class, the Tribunal shall require such trade union to satisfy the Tribunal that, immediately upon the grant of the determination, such trade union will put into operation a satisfactory system of appeal from refusal of membership of such trade union and will, so long as the determination remains unrevoked, maintain such system of appeal in operation and give effect to the decisions given thereunder. (2) For the purposes of sub-section (1) of this section, a system of appeal shall not be regarded as satisfactory unless— (a) it is approved of by the Tribunal, and (b) it provides for the consideration of appeals by either an arbitrator approved of, or the method of whose appointment is approved of, by the Tribunal or an appellate body approved of, or the method of appointment of which is approved of, by the Tribunal. (3) Immediately upon the grant under Part III of the Act of 1941 of a determination that a particular trade union shall alone have the right to organise masters or workmen of a particular class, such trade union shall put into operation the system of appeal from refusal of membership of such trade union which was approved of by the Tribunal on the hearing of the application for the determination and shall, so long as the determination remains unrevoked, maintain such system of appeal in operation and give effect to the decisions given thereunder. (4) Where a determination has been granted under Part III of the Act of 1941 that a particular trade union shall alone have the right to organise masters or workmen of a particular class and, while the determination remains unrevoked, such trade union fails to comply with any requirement of sub-section (3) of this section, such of the members and officers of such trade union as consent to or facilitate such failure and, in the case of a trade union registered under the Trade Union Acts, 1871 to 1941, the trade union itself shall each be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds. (5) This section shall be construed as one with Part III of the Act of 1941 and shall come into operation on the same date as the said Part III comes into operation. Repeal of certain provisions of the Act of 1941. 6.—The following provisions of the Act of 1941 are hereby repealed: paragraph (b) of sub-section (3) of section 6, sub-sections (4), (5), and (8) of section 6, and section 35. Short title and collective citation. 7.—(1) This Act may be cited as the Trade Union Act, 1942. (2) This Act and the Trade Union Acts, 1871 to 1941, may be cited together as the Trade Union Acts, 1871 to 1942. Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais