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The Industrial Relations (Northern Ireland) Order 1992

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Manner of voting on, and majority required for, resolution

75.—(1) Article 74 shall apply in relation to every amalgamation or transfer of engagements notwithstanding anything in the rules of any of the trade unions concerned or in the following provisions of this Article.

(2) For the purposes of the passing of a resolution to approve an instrument of amalgamation or transfer, the principal executive committee of a trade union shall, unless the rules of that union expressly provide that this paragraph shall not apply in relation to that union, have power, notwithstanding anything in the rules of the union, to arrange for a ballot of the members of that union to be held in any manner which that committee thinks fit.

(3) Subject to paragraph (4), where, in the case of a trade union, a ballot is held (whether under arrangements made under paragraph (2) or under provisions in the rules of the union) on a resolution to approve an instrument of amalgamation or transfer, a simple majority of the votes recorded shall be sufficient to pass the resolution, notwithstanding anything in the rules of the union and, in particular, notwithstanding anything in those rules which, but for this paragraph, would require the resolution—

(a)to be passed by a majority greater than a simple majority; or

(b)to be voted on by not less than a specified proportion of the members of the union.

(4) The provisions of paragraph (3) shall not apply in the case of a union whose rules expressly provide that that paragraph shall not apply in relation to that union.

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