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ORDINANCE II of 2010 ORDINANCE II of 2010 BALOCHISTAN INDUSTRIAL RELATIONS ORDINANCE, 2010 An Ordinance to consolidate and rationalize the law relating to formation of trade unions, and improvement of relations between employers and workman [Gazette of Balochistan, Extraordinary, 28th July, 2010] No.Legis.2-132/Law/2010, dated 28-7-2010.--The following Ordinance made by the Governor of Balochistan on 22nd July, 2010 is hereby published for general information:‑ Whereas it is expedient to consolidate and rationalize the law relating to formation of trade unions, regulation of relations between employers and workman and the avoidance and settlement of any differences or disputes arising between them or matters connected therewith and ancillary thereto; And whereas the Provincial Assembly of Balochistan is not in session and the Governor of Balochistan is satisfied that circumstances exist which render it necessary to take immediate action; Now, therefore, in exercise of the powers conferred by Clause (1) of Article 128 of the Constitution, the Governor is pleased to make and promulgate the following Ordinance: 24. Collective bargaining agent.- (1) Where there is only one registered trade union in an establishment or a group of establishments, that trade union shall if it has as its members not less than one-third of the total number of workmenemployed in such establishment or group of establishments or industry upon an application made in this behalf be certified by the Registrar in the prescribed manner to be the collective bargaining agent for such establishment or group of establishments, or industry. (2) Where there are more registered trade unions than one in an establishment or a group of establishments or industry, the Registrar shall upon an application made in this behalf by one-fifth of the total number of workmen employed in such establishment or group of establishments or industry or by the employer or the Government, hold within fifteen days from the making of the application, a secret ballot to determine as to which one of such trade unions shall be the collective bargainingagent for the establishment or group of establishments or industry. Provided that the Registrar may, in the case of a large establishment having its branches in more than one town, hold the secret ballot within thirty days from the making of the application: Provided further that the Registrar shall not entertain any application under this sub-section in respect of an establishment or group of establishments, consisting of, or including, a seasonal factory within the meaning of section 4 of the Factories Act, 1934 (XXV of 1934), unless such application is made during the month in which the number of workmen employed in such factory in a year is usually the maximum. (3) Upon receipt of an application under sub-section (2), the Registrar shall, by notice in writing call upon every registered trade union in the establishment or group of establishments to which the application relates‑ (a) to indicate whether it desires to be a contestant in the secret ballot to be held for determining the collective bargaining agent in relation to such establishment or group of establishments or industry; and (b) if it so desires, to submit to him within the time specified in the notice a list of its members showing, in respect of each member, his parentage, age, the section or department and the place in which he is employed, his ticket number and the date of his becoming a member and if union is a federation of trade unions, a list of its affiliated trade unions together with a list of members of each such trade union showing in respect of each such member the said particulars. (4) Every employer shall‑ (a) on being so required by the Registrar, submit a list of all workmen employed in the establishment or group of establishments or industry excluding those whose period of employment in the establishment or group of establishments or industry is less than three months and showing, in respect of each workman, his parentage, age, the section or department and the place in which he is employed, his ticket number and the date of his employment in the establishment or group of establishments or industry; and (b) provide such facilities for verification of the lists submitted by him and the trade unions as the Registrar may require: Provided that, in computing the period of three months referred to in clause (a) in the case of a workman employed in a seasonal factory within the meaning of section 4 of the Factories Act, 1934 (XXV of 1934), the period during which he was employed in that factory during the preceding season shall also be taken into account. (5) The Registrar shall, after verification of the lists submitted by the trade unions, prepare a list of voters in which shall be included the name of every workman whose period of employment as computed in accordance with sub-section (4), is not less than three months and who is a member of any of the contesting trade unions and shall, at least four days prior to the date fixed for the poll, send to each of the contesting trade unions a certified copy of the list of voters so prepared. (6) Every workman who is a member of any of the contesting trade unions and whose name appears in the list of voters prepared under sub-section (5) shall be entitled to vote at the poll to determine the collective bargaining agent. (7) Every employer shall provide all such facilities in his establishment as may be required by the Registrar for the conduct of the poll but shall not interfere with, or in any way influence, the voting. (8) No person shall canvass for vote within a radius of fifty meters of the polling station. (9) For the purpose of holding secret ballot to determine the collective bargaining agent, the Registrar shall‑ (a) fix the date for the poll and intimate the same to each of the contesting trade unions and also to every employer; (b) on the date fixed for the poll so placed in the polling station set up for the purpose the ballot boxes which shall be sealed in the presence of the representatives of the contesting trade unions as to receive the ballot papers; (c) conduct the poll at the polling station at which the representatives of the contesting trade unions shall have the right to be present; (d) after the conclusion of the poll and in the presence of such of the representatives of the contesting trade unions as may be present, open the ballot boxes and count the votes; and (e) after the conclusion of the count, certify the trade union which has received the highest number of votes to be the collective bargaining agent: Provided that no trade union shall be certified to be the collective bargaining agent for an establishment or group of establishments or industry unless the number of votes received by it is not less than one-third of the total number of workmen employed in such establishment or group of establishments or industry. Provided further that, if no trade union secures such number of votes in the first poll, a second poll shall be held between the trade unions which secure the two highest numbers of votes in the first poll and the trade union which secures a majority of the votes cast at the second poll shall be certified in the prescribed manner to be the collective bargaining agent: Provided further that, if the number of votes secured by two or more trade unions securing the highest number of votes is equal, further poll hall be held between them until one of them secures a majority of the votes cast at such further poll. (10) If no trade union indicates under clause (a) of sub-section (3) that it desires to be a contestant in the secret ballot, the Registrar shall certify the trade union which has made the application under sub-section (2) to be the collective bargaining agent. Provided that no trade union shall be certified to be collective bargaining agent for an establishment or group of establishments or industry under sub-section (10) unless it has as its members not less than one third of the total numbers of the workmen employed in the establishment or group of establishments or industry. (11) where a registered trade union has been certified under clause (e) of sub-section (9) to be the collective bargaining agent for an establishment or group of establishments or industry, no application for the determination of the collective bargaining agent for such establishment or group of establishments or industry shall be entertained within a period of two years from the date of such certification except where the registration of such certification except where the registration of such a registered trade union is cancelled before the expiration of the period. (12) A collective bargaining agent may, without prejudice to its own position, plead as a party to any proceedings under this Act to which it is itself a party or any federation of trade unions of which it is a member. (13) The collective bargaining agent in relation to an establishment or group of establishments or industry shall be entitled to‑ (a) undertake collective bargaining with the employer or employers on matters connected with employment, non-employment, the term of employment or the conditions of work other than matters which relate to the enforcement of any right guaranteed or secured to it or any workman by or under any law, other than this Act, or any award or settlement; (b) represent all or any of the workmen in any proceeding; (c) give notice of, and declare, a strike in accordance with the provisions of this Act; and (d) nominate representatives of workmen on the Board of Trustees of any welfare institutions or Provident Funds and of the Workers Participation Fund established under the Companies Profits (Workers Participation) Act, 1968(XII of 1968). (14) The Registrar may authorize in writing an officer to perform all or any of his functions under this section.