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PART VIIIN.I.INDUSTRIAL ACTION

Requirement of ballot before action by trade unionN.I.

[F1Separate workplace ballotsN.I.

109.(1) Subject to paragraph (2), this Article applies if the members entitled to vote in a ballot by virtue of Article 108 do not all have the same workplace.

(2) This Article does not apply if the union reasonably believes that all those members have the same workplace.

(3) Subject to Article 109A, a separate ballot shall be held for each workplace; and entitlement to vote in each ballot shall be accorded equally to, and restricted to, members of the union who—

(a)are entitled to vote by virtue of Article 108; and

(b)have that workplace.

(4) In this Article and Article 109A “workplace” in relation to a person who is employed means—

(a)if the person works at or from a single set of premises, those premises; and

(b)in any other case, the premises with which the person's employment has the closest connection.]