The Industrial Relations (Northern Ireland) Order 1992

Requirements to be satisfied in relation to ballots authorising or endorsing industrial action

45.—(1) Entitlement to vote in the ballot must be accorded—

(a) equally, to all those members of the trade union who it is reasonable at the time of the ballot for the union to believe will be induced to take part or, as the case may be, to continue to take part in the strike or other industrial action; and

(b) to no others.

(2) Subject to paragraph (3), where the members who it is reasonable at the time of the ballot for the union to believe will be induced as mentioned in paragraph (1) have different places of work—

(a) a separate ballot in relation to which the requirements of this Article are satisfied must be held for each place of work (instead of one ballot of all those members); and

(b) paragraph (1) shall have effect so as to require entitlement to vote in the ballot held for each place of work to be accorded to such of those members as the union reasonably believes to be members having that place as their place of work, and to no other persons.

(3) Paragraph (2) shall not apply in relation to a ballot if at the time of the ballot it is reasonable for the trade union to believe and it does believe—

(a) that all the members who are accorded entitlement to vote in the ballot have the same place of work;

(b) that there is, in relation to each of the members of the union who is accorded entitlement to vote in the ballot, some factor (whether or not the same factor) which—

(i) relates to the terms or conditions of that member’s employment or to the occupational description which is applicable to that member in his employment;

(ii) is a factor which that member has in common with one or more of the other members of the union who are accorded that entitlement; and

(iii) in a case where there are individuals employed by the same employer as that member who are members of the union but are not accorded that entitlement, is neither a factor which that member has in common with any of those individuals nor a factor which individuals employed by that employer have in common as a consequence of having the same place of work; or

(c) that the condition specified in sub-paragraph (b) would be satisfied if any overseas members accorded entitlement to vote in the ballot were disregarded.

(4) Where a person who was a member of a trade union at the time when a ballot was held for the purposes of this Part—

(a) was denied entitlement to vote in the ballot; and

(b) is induced by the union to take part or, as the case may be, to continue to take part in the strike or other industrial action,

this Article shall be taken not to have been satisfied in relation to that ballot.

(5) The method of voting in the ballot must be by the marking of a voting paper by the person voting and the following statement must (without being qualified or commented upon by anything else on the voting paper) appear on every voting paper, namely—

• “If you take part in a strike or other industrial action, you may be in breach of your contract of employment.”.

(6) The voting paper must contain at least one of the following questions—

(a) a question (however framed) which requires the person answering it to say, by answering “Yes” or “No”, whether he is prepared to take part or, as the case may be, to continue to take part in a strike;

(b) a question (however framed) which requires the person answering it to say, by answering “Yes” or “No”, whether he is prepared to take part or, as the case may be, to continue to take part in action short of a strike.

(7) 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.

(8) So far as is reasonably practicable, every person who is entitled to vote in the ballot must—

(a) have made available to him—

(i) immediately before, immediately after, or during his working hours; and

(ii) at his place of work or at a place which is more convenient for him;

or be supplied with, a voting paper; and

(b) be given—

(i) a convenient opportunity to vote by post (but no other opportunity to vote);

(ii) an opportunity to vote immediately before, immediately after, or during his working hours and at his place of work or at a place which is more convenient for him (but no other opportunity); or

(iii) as alternatives, both of those opportunities (but no other opportunity).

(9) The ballot must 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 (any inaccuracy in counting being disregarded for the purposes of this sub-paragraph if it is accidental and on a scale which could not affect the result of the ballot).

(10) As soon as is reasonably practicable after the holding of the ballot, the trade union shall take such steps as are reasonably necessary to ensure that all persons entitled to vote in the ballot are informed of the number of—

(a) votes cast in the ballot;

(b) individuals answering “Yes” to the question or, as the case may be, to each question;

(c) individuals answering “No” to the question or, as the case may be, to each question; and

(d) spoiled voting papers.

(11) A trade union which has overseas members may choose whether or not to accord any of those members entitlement to vote in a ballot; and nothing in paragraphs (4) to (9) shall apply in relation to any overseas member or in relation to any vote cast by any such member.

(12) Where overseas members have voted in the ballot, paragraph (10) shall be read as requiring the information in question to be provided to all those entitled to vote in the ballot other than overseas members and to distinguish between overseas members and other members.