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


This is the original version (as it was originally made).

Conduct of ballot

111.—(1) Every person who is entitled to vote in the ballot must—

(a)be allowed to vote without interference from, or constraint imposed by, the union or any of its members, officials or employees; and

(b)so far as is reasonably practicable, be enabled to do so without incurring any direct cost to himself.

(2) Except as regards persons falling within paragraph (3), so far as is reasonably practicable, every person who is entitled to vote in the ballot must—

(a)have a voting paper sent to him by post at his home address or any other address which he has requested the trade union in writing to treat as his postal address; and

(b)be given a convenient opportunity to vote by post; but where, for the purpose of personal safety, a member of a trade union requests the union in writing to send a voting paper to him by some means other than by post then, in relation to that member, sub-paragraph

(a)shall have effect with the substitution for the reference to post of a reference to that other means.

(3) Where a merchant seaman to whom this paragraph applies is entitled to vote in the ballot he must, so far as is reasonably practicable—

(a)have a voting paper made available to him while he is on board the ship or is at a place where the ship is; and

(b)be given an opportunity to vote while he is on board the ship or is at a place where the ship is.

(4) Paragraph (3) applies to a merchant seaman who the trade union reasonably believes will, throughout the period during which votes may be cast in the ballot, be employed in a ship either at sea or at a place outside Northern Ireland.

(5) In paragraphs (3) and (4) “merchant seaman” means a person whose employment, or the greater part of it, is carried out on board sea-going ships.

(6) A ballot shall be conducted so as to secure that—

(a)so far as is reasonably practicable, those voting do so in secret, and

(b)the votes given in the ballot are fairly and accurately counted.

For the purposes of sub-paragraph (b) an inaccuracy in counting shall be disregarded if it is accidental and on a scale which could not affect the result of the ballot.

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