SAINT VINCENT AND THE GRENADINES

Index of subsidiary legislation
Booklet 1    Trade Union Rules

CHAPTER 154
TRADE UNIONS ACT

Arrangement of sections

1.      Short title.
2.      Interpretation.
3.      Trade unions not criminal.
4.      Trade unions not unlawful for civil purposes.
5.      Membership of minors.
6.      Member’s nomination of payee.
7.      Secret ballot.
8.      Registrar of Trade Unions.
9.      Trade unions prohibited from carrying on business unless registered.
10.    Registration of trade unions.
11.    Provisional registration.
12.    Compulsory registration.
13.    Rules for registration.
14.    Refusal of registration.
15.    Cancellation of registration.
16.    Restriction in regard to persons who may hold office in trade union.
17.    Rules of registered trade union.
18.    Alteration of rules of trade union.
19.    Use of funds of trade union.
20.    Restriction on use of funds for certain political purposes.
21.    Notice of objection to contribute towards political purposes.
22.    Mode of giving effect to exemption from contributions to political fund.
23.    Unauthorized levies and contributions.
24.    Officers of trade union to account.
25.    Statement of accounts and audit certificate, etc; to be transmitted to Registrar.
26.    Interpretation of sections 27 to 31.
27.    Immunity of trade union from actions of tort.
28.    Conspiracy in relation to trade dispute.
29.    Removal of liability for interfering with another person’s business.
30.    Intimidation or annoyance.
31     Peaceful picketing and prevention of intimidation.
32.    Rules.

Schedule


AN ACT to regulate trade unions

(a)    shall affect —

(i)    any agreement between partners as to their own business;

(ii)    any agreement between an employer and those employed by him as to such employment;

(iii)    any agreement in consideration of the sale of the goodwill of a business, or of instruction in any profession, trade or handicraft; or

(b)    shall preclude any trade union from providing benefits for its members.

Trade unions not criminal
3.         The purposes of any trade union shall not, by reason merely, that they are in restraint of trade, be deemed to be unlawful so as to render any member of such trade union liable to criminal prosecution for conspiracy or otherwise.
    
Trade unions not unlawful for civil purposes.
4.        The purposes of any trade union shall not, by reason merely that they are in restraint of trade, be unlawful so as to render voidable any agreement or trust.    

Membership of minors.
5.    A person under the age of eighteen but above the age of sixteen may be a member of a trade union, unless provision is made in the rules to the contrary, and may, subject to those rules, enjoy all the rights of a member except as herein provided, and execute all instruments and give all acquittances necessary to be executed or given under the rules, but shall not be a member of the committee of management, trustee or treasurer of the trade union.

Members nomination of payee
6.    A member of a trade union, not being under the age of  sixteen may, by writing under his hand, delivered at or sent to the. registered office of the trade union, nominate any person, not being an officer or servant of the trade union (unless such officer or servant is the husband, wife, father, mother, child, brother, sister, nephew, or niece of the nominator), to whom any monies payable on the death of such member, not exceeding two hundred and forty dollars, shall be paid at his death, and may revoke or vary such nomination by a writing under his hand similarly delivered or sent. On receiving satisfactory proof of the death of a nominator, the trade union shall pay to the nominee the amount due to the deceased member not exceeding the sum aforesaid.

Secret ballot
7.    The method of voting by means of secret ballot shall, in addition to the provision contained in section 20 to this effect, be employed in respect of the following matters-

(a)    the election of delegates to a federation of trade unions;

(b)    the election of officers;

(c)    decisions in all matters relating to trade disputes (including decisions as to strikes);

(d)    the imposition of a levy;

(e)    decisions on the dissolution of the trade union or federation of trade unions;

(f)        amendment of the rules;

(g)    decisions to change the title of a trade union or federation of trade unions;

(h)    decisions to amalgamate with another trade union;

(i)    decisions to join or form a federation of trade unions.

Registrar of Trade Unions
8.         The Governor-General may appoint such person as he may think fit to be the Registrar of Trade Unions.

Trade unions prohibited from carrying on business unless registered.
9. (1)         No trade union, nor any member thereof, shall perform any act in furtherance of the purposes for which it had been formed unless such trade union has first been registered.

9.  (2)         Any trade union, or officer or member thereof, who contravenes the provisions of subsection (1) is guilty of an offence and liable to a fine of fifteen hundred dollars.

Registration
10. Any seven or more members of a trade union may, by subscribing their names to the rules of the union and otherwise complying with the provisions of this Act with respect to registration, register such trade union under this Act.

Provided that if any one of the purposes of such trade union be unlawful such registration shall be void.

Provisional registration.
11. (1)        Every trade union seeking registration shall, after complying with the necessary provisions of this Act with respect to registration, be provisionally registered for a period of not less than six months:

Provided however that the Registrar may in his discretion extend such period.

11. (2)        During the time a trade union is provisionally registered it shall enjoy all the immunities, privileges and rights (including the right of negotiation) normally accorded to trade unions and shall be subject to such duties as may be imposed by this Act.

11. (3)        A trade union may apply for final registration at the expiration of the period of provisional registration hereinbefore provided and the trade union shall be so registered if the Registrar is satisfied that the provisions of section 14 (1) have been complied with and that the union—

(a)    has attained a reasonable degree of efficiency and organisation in the management of its affairs;

(b)    includes among its members a substantial number of persons employed in the industry which it purports to represent.

11. (4)        The provisions of section 14. (2) to (5) shall become applicable in all cases where the Registrar refuses registration to a union.

Compulsory registration.
12. (1)     Every trade union shall be registered in accordance with the provisions of this Act or be dissolved within three months of the date —

(a)    of its formation; OF

(b)    of any notification by the Registrar that he has refused under section 14 to register the trade union,

whichever is the later date.

12. (2)        Every trade union which is not registered or dissolved within the period prescribed in subsection (1), and every officer thererof, is guilty of an offence and liable to a fine of two hundred and fifty dollars for the first offence and for any subsequent offence twenty dollars for every day it remains unregistered after the expiration of such period.

Rules for registration.
13.        With respect to the registration under this Act of a trade union, and of the rules thereof, the following provisions shall apply-

(a)    an application to register the trade union and its rules shall be sent to the Registrar with copies of the rules and a list of the titles and names of the officers of the trade union;

(b)    the Registrar, upon being satisfied that the trade union has complied with the rules respecting registry in force under this Act, shall, subject to the provisions of section 14, register the trade union and rules;

(c)    no trade union shall be registered under a name identical with that by which any other existing trade union has been registered or so nearly resembling such name as to be likely to deceive the members of the public.

(d)    the Registrar, upon registering a trade union, shall issue a certificate of registration.

Refusal of registration.
14. (1)     If the Registrar is satisfied that-

(a)    the applicants have not been duly authorised to apply for registration;

(b)    the purposes of the trade union are unlawful; or

(c)    the application is not in conformity with the provisions of this Act;

he may refuse registration.

14. (2)        When the Registrar refuses to register a trade union he shall forthwith inform the applicants in writing of the grounds of his refusal.

14. (3)        An appeal shall lie to the High Court from a refusal of the Registrar to register a trade union, and on such appeal the High Court may make any such order as it thinks proper, including any directions as to the costs of the appeal. An~ such order of the High Court shall be final.

14. (4)        The High Court may make rules governing such appeals, providing for the method of giving evidence, prescribing the time within which such appeals shall be brought, the fees to be paid, the procedure to be followed and the manner of notifying the Registrar of the appeal.

14. (5)    The Registrar shall be entitled to be heard on any appeal.

Cancellation of registration
15. (1)     The Registrar may cancel the registration of any trade union-

(a)     at the request of the trade union, to be evidenced in such manner as he may direct;

(b)    on proof to his satisfaction that a certificate of registration has been obtained by fraud or mistake, or that such trade union has wilfully, and after notice from the Registrar, violated any of the provisions of this Act or has ceased to exist.

15. (2)        Not less than two months’ previous notice specifying briefly the grounds of the proposed cancellation, except where the trade union has ceased to exist in which case notice of cancellation may be given forthwith, shall be given by the Registrar to the trade union before such cancellation is effected.

15. (3)    An appeal from the decision of the Registrar under this section shall lie to the High Court subject to the same conditions as are provided for an appeal against the refusal of the Registrar to register a trade union, and the High Court may make rules providing for the same matters for which rules may be made in respect of such appeal. The decision of the High Court shall be final.

Restriction in regard of persons who may hold office in trade unions.
16. No person shall be eligible to hold office in a registered trade union —

(a)     unless he has attained the age of twenty-one; or

(b)    if he has been convicted of fraud, theft or any other offence involving dishonesty.

Rules of registered trade unions.
17.         With respect to the rules of a registered trade union, the following provisions shall have effect-

(a)    the rules of every such trade union shall contain provisions in respect of the several matters mentioned in Part I of the Schedule; and

(b)    a copy of the rules shall be delivered by the trade union to every person on demand on payment of a sum not exceeding twenty-four cents.

Alteration of rules of trade union.
18. (1)     Every alteration in the rules of a registered trade union shall be registered with the Registrar and shall take effect from the date of registration unless some later date is specified in the rules.

18. (2)        The rules of a registered trade union shall not be altered so that they cease to contain provisions in respect of the several matters in Part I of the Schedule.

Use of funds of trade union.
19.        The funds of a registered trade union, may, subject to the Use of funds rules thereof and to the provisions of this Act be expended only for the following objects-

(a)    the payment of salaries, allowances and expenses to officers of the trade union;

(b)    the payment of costs and expenses for the administration of the trade union, including audit of the accounts of the funds of the trade union;

(c)    the prosecution or defence of any legal proceedings to which the trade union or any member thereof is a party, when such prosecution or defence is undertaken for the purpose of securing or protecting any rights of the trade union as such or any rights arising out of the relations of any member with his employer or with a person whom the member employs;

(d)    the conduct of trade disputes on behalf of the trade union or any member thereof;

(e)    the compensation of members for loss arising out of trade disputes;

(f)    allowances to members or their dependants on account of death, old age, sickness, accidents or unof such members; and

g)    any other object which, by order in the Gazette, the Governor-General may declare to be an object for which such funds may be expended.

Restriction on use of funds for certain political purposes
20. (1)     The funds of a registered union shall not be applied either directly or in conjunction with any trade union, association or body, or otherwise indirectly, in the furtherance of any political object, other than the political objects hereinafter in this. section specified, and unless the furtherance of those objects, or any one or more of them, has been approved as an object of the union by a resolution for the time being in force passed on a secret ballot of the members of the union taken in accordance with the provisions of this section for the purpose by a majority of the members voting; and where such a resolution is in force, unless rules to be approved by the Registrar are in force providing -

(a)    that any payments in the furtherance of those objects are to be made out of a separate fund (in this Act referred to as the political fund of the union);

(b)    for a limit to be placed on the proportion of contributions from members which may be allocated to the political fund; N

(c)    that a member who is exempt (in the manner hereinafter specified) from the obligation to contribute to the political fund of the union shall not be excluded from any benefits of the union, or placed in any respect, either directly or indirectly, under any disability or at any disadvantage as compared with other members of the union (except in relation to the control or management of the political fund) by reason of his being so exempt, and that contribution to the political fund of the union shall not be in a condition for admission to the union.

20. (2)        If any member of a trade union alleges that he is aggrieved by a breach of any rule made in pursuance of this section, he may complain to the Registrar, and the Registrar, after giving the complainant and any representative of the union an opportunity of being heard, may, if he considers that such a breach has been committed, make such order for remedying the breach as he thinks just under the circumstances; and any such order of the Registrar shall, subject as hereinafter provided, be binding and conclusive on all parties, and shall not be removable into any court of law, or restrainable by injunction, and on being recorded in the High Court Registry, may be enforced as if it had been an order of the High Court.

20. (3)        An appeal shall lie to the High Court from any order made by the Registrar under the provisions of subsection (2), and for the purposes of this subsection the provisions of section 14 (4) shall apply.

20. (4)        The political objects to which this section applies are the expenditure of money —

(a)    on the payment of any expenses incurred, either directly or indirectly, by a candidate or prospective candidate .for election to the House of Assembly or to any public office, before, during or after the election in connection with his candidature or election;

(b)    on the holding of any meeting, or the distribution of any literature or documents, in support of any such candidate or prospective candidate;

(c)    in connection with the registration of electors or the selection of a candidate for the House of Assembly or any public office; and

(d)    on the holding of political meetings of any kind, or on the distribution of political literature or political documents of any kind, unless the main purpose of the meetings or of the distribution of the literature or documents is the furtherance of statutory objects within the meaning of this Act.

20. (5)        The expression “public office” in subsection (4) means the office of member of any municipal body or of any local road board, or of any public body which has power to raise money, either directly or indirectly, by means of a rate.

20. (6)        A resolution under this section approving political objects as an object of the union shall take effect as if it were a rule of the union and be rescinded in the same manner and subject to the same provisions as such a rule.

20. (7)        A ballot for the purposes of this section shall be taken in accordance with rules of the union to be approved for the purpose by the Registrar, but the Registrar shall not approve any such rules unless he is satisfied that every member has an equal right, and, if reasonably possible, a fair opportunity of voting, and that the secrecy of the ballot is properly secured.

Notice of objection to contribute towards political objects.
21. (1)     A member of a trade union may at any time give notice, in the form set out in Part II of the Schedule, or in a form  to the like effect, that he objects to contribute to the political fund of the union, and, on the adoption of a resolution of the union approving the furtherance of political objects as an object of the union, notice shall be given to the members of the union acquainting them that each member has a right to be exempt from contributing to the political fund of the union, and that a form of exemption notice can be obtained by or on behalf of a member either by application or at/or by post from the head office or any branch office of the union or the office of the Registrar. Any such notice to members of the union shall be given in accordance with rules of the union approved for the purpose by the Registrar, having regard in each case to the existing practice and to the character of the union.

21. (2)        On giving notice in accordance with this Act of his objection to contribute, a member of the union shall be exempt, so long as his notice is not withdrawn, from contributing to the political fund of the union as from the 1^st January next after the notice is given, or, in the case of a notice given within one month after the notice given to members under this section, on the adoption of a resolution approving the furtherance of political objects, as from the date on which the member’s notice is given.

Mode of giving effect to exemption from contributions to political fund.
22. Effect may be given to the exemption of members to con-tribute to the political fund of a union either by a separate levy of contributions to that fund from the members of the union who are not exempt, and in that case the rules shall provide that no monies of the union, other than the amount raised by such separate levy, shall be carried to that fund, or by relieving any members who are exempt from the payment of the whole or any part of any periodical contributions required from the members of the union towards the expenses of the union, and in that case the rules shall provide that the relief shall be given as far as possible to all members who are exempt on the occasion of the same periodical payment and for enabling each member of the union to know as respects any such periodical contribution, what portion, if any, of the sum payable by him is a contribution to the political fund of the union.

Unauthorised levies and contributions.
23. (1)     Any officer of a registered trade union who imposes on, or collects from, a member any levy or contribution, unless such levy or contribution is authorised by this Act, or by rules of the trade union approved by the Registrar, is guilty of an offence.

23. (2)        Any officer of a registered trade union who, by means of threats of forfeiture of membership of a trade union, induces, or attempts to induce, any member to pay any levy or contribution to which subsection (1) refers is guilty of an offence.

23. (3)        Any officer of a registered trade union who is guilty of an offence under this section is liable to a fine of five hundred dollars.

Officers of trade union to account.
24. (1)     Every treasurer or other officer of a registered trade union, at such times as by the rules thereof he should render such accounts as hereinafter mentioned, or having been required to do so, shall render to the members thereof, at a meeting of the trade union, a just and true account of all monies received and paid by him since he last rendered the like account, and of the balance then remaining in his hands, and of all bonds and securities of such trade union.

24. (2)        Such account shall be audited by some fit and proper person or persons to be appointed by the Registrar.

24. (3)        Upon the account being audited, the treasurer or other officer, as the case may be, shall, if thereupon required, hand over to the trade union the balance which on such audit appeared to be due from him, and shall also if required hand over to the trade union all securities and effects, books, papers and property of the trade union in his hands or custody.

24. (4)        If the treasurer or other officer fails to hand over such things and documents, as is in subsection (3) required, the committee of management of the trade union, or any member of the trade union or the Registrar, may sue him for and on behalf of the trade union in any competent court for the balance appearing to have been due from him upon the account last rendered by him, and for all monies since received by him on account of such trade union and for the securities and effects, books, papers and property in his hands or custody, leaving him to set off in such action the sums, if any, which he may have since paid on account of such trade union. In any such action the plaintiff shall be entitled to recover full costs of suit to be taxed as between solicitor and client.

24. (5)        If any officer of a registered trade union has been convicted of fraudulently converting to his own use or benefit, or to the use or benefit of any other person, any monies belonging to the trade union, he shall in addition to any other penalty to which he may be liable under this or any other Law be forever incapable of holding any office under a registered trade union.

Statement of accounts and audit certificate etc., to be transmitted to the Registrar.
25. (1)     The treasurer of every trade union (or such other officer as is designated in that behalf by the rules of the trade union) shall on or before the 1st June in every year, cause to be received by the Registrar —    

(a)    a statement in the prescribed form of the revenue and expenditure of the trade union during the year preceding the date of such statement;

(b)    a statement in the prescribed form of the assets and liabilities of the trade union at the date of the statement required by paragraph (a);

(c)    an audit certificate in the prescribed form, by the person or persons appointed by the Registrar to the effect, that such statement of revenue and expenditure and such statement of assets and liabilities have each been audited by such person or persons, as the case may be, who have checked all accounts, receipts, vouchers and books of the trade union relating to transactions during the year in respect of which the statements are made up, and that such statements are made up, and that such statements have been found to be true and correct;

(d)    a return in the prescribed form showing the number of members of the trade union at the date of such statement; and

(e)    a return relating to the year immediately preceding the date of such a statement, showing —

(i)    all new rules of the trade union and all alterations to the existing rules made during the period; and

(ii)    all changes of officers of the trade union during the period.

25. (2)        In addition to the statements, certificates and returns required by the provisions of subsection (1), the Registrar may at any time, by order in writing, require the treasurer or any other officer of a trade union to produce for his inspection the account books and subscription registers of such trade union and to deliver to him, by a date to be specified in such order, detailed accounts of the revenue, expenditure, assets, liabilities and funds of the trade union in respect of any period specified in such order, and any accounts so rendered shall include such details and information, and may be supported by such documents, as the Registrar in any case may require;

25. (3)        Every member of a trade union shall be entitled to receive, on application to the treasurer or secretary of the trade union, a copy of all or any of the statements and accounts, and of the audit certificate, and returns provided for by this section, without making any payment therefor.

25. (4)        Any trade union which, and any officer of a trade union who, contravenes or fails to comply with any of the provisions or requirements of subsection (1), or of an order of the Registrar under subsection (2), and any treasurer and secretary of a trade union who fails to comply with an application made under subsection (3), is guilty of an offence and liable to a fine of two hundred and fifty dollars.

25. (5)        Upon a conviction for any offence under the provisions of subsection (4), the magistrate for the district in which the registered office of the trade union is situate may order the offending trade union, or any specified officer thereof (whether or not such officer has been convicted), to deliver to the Registrar by a specified date (which shall not be later than fourteen days from the date of the order) —

(a)    all or any of the statements, certificates and returns referred to in subsection (1), in cases where the conviction relates to an offence in respect of the provisions of that subsection;

(b)    all or any of the accounts, including such details, information and documents referred to in any order made by the Registrar under subsection (2), in cases where the conviction relates to an offence in respect of failure to comply with any such order,

and any trade union which, and any officer of a trade union who, fails to comply with such an order is guilty of an offence and liable to a fine of one hundred dollars in respect of each day or part of a day during which such failure shall have continued.

25. (6)        Any person who wilfully makes, or causes to be made, any false entry in, or omission from, any of the statements, accounts, certificates or returns required by this section is guilty of an offence and liable to a fine of two thousand five hundred dollars.

Interpretation of sections 27-31.
26.    In sections 27 to 31 —

“intimidate” means the use of violence, or threat of violence, such as would justify the offenders being bound over to keep the peace;

“trade dispute” means any dispute between employers and workmen, or between workmen and workmen, which is connected with the employment or non-employment, or with the terms of the employment or with the conditions of labour, of any person;

“workmen” means all persons employed in trade or industry whether or not in the employment of the employer with whom a trade dispute exists.

Immunity of trade union from actions of tort.
27. (1)     An action against a trade union, whether of workmen or masters, or against any members or officials thereof on behalf of themselves and all other members of the trade union in respect of any tortious act alleged to have been committed by or on behalf of the trade union, shall not be entertained by any court.

27. (2)        Nothing in this section shall affect the liability of a trade union, or any official thereof, to be sued in any court touching or concerning the property or rights of a trade union, except in respect of any tortious act committed by or on behalf of the union in contemplation or in furtherance of a trade dispute.

Conspiracy in relation to trade disputes.
28. (1)     An agreement or combination of two or more persons to do, or procure to be done, any act in contemplation or furtheror a trade dispute shall not be triable as a conspiracy if such act committed by one person would not be punishable as a crime.

28. (2)        An act done in pursuance of an agreement or combination by two or more persons shall, if done in contemplation or furtherance of a trade dispute, not be actionable unless the act, if done without any such agreement or combination, would be actionable.

28. (3)        Nothing in this section shall exempt from punishment any person guilty of a conspiracy for which a punishment is awarded by any law in force in Saint Vincent and the Grenadines.

28. (4)        Nothing in this section shall affect the law relating to riot, unlawful assembly, breach of the peace or sedition or any offence against Saint Vincent and the Grenadines or the Sovereign.

28. (5)        A crime, for the purposes of this section, means an offence for the commission of which the offender is liable to be imprisoned either absolutely or at the discretion of the court as an alternative for some other punishment.

28. (6)        Where a person is convicted of any such agreement or combination as aforesaid to do or procure to be done an act which is punishable on summary conviction, and is sentenced to imprisonment, the imprisonment shall not exceed three months, or such longer time, if any, as may have been prescribed by the law for the punishment of the said act when committed by one person.

Removal of liability for interfering with another person’s business.
29. An act done by a person in contemplation or furtherance of a trade dispute shall not be actionable on the ground only that it induces some other person to break a contract of employment or that it is an interference with the trade, business or employof some other person or with the right of some other person to dispose of his capital or his labour as he wills.

Intimidation or annoyance.
30. Any person who, with a view to compelling any other person to abstain from doing, or to do, any act which such other person has a legal right to do or abstain from doing, wrongfully and without legal authority -

(a)    uses violence to, or intimidates, such other person or his wife or children, or injures his property;

(b)    persistently follows such other person about from place to place;

(c)    hides any tools, clothes or other property owned or used by such other person, or deprives him of, or hinders him in the use thereof;

(d)    watches or besets the house or other place where such other person resides or works or carries on business or happens to be, or the approach to such house or place; or

(e)    follows such other person with two or more other persons in a disorderly manner in or through any street or road,

is guilty of an offence and liable to a fine of one thousand dollars and to imprisonment for three months.

Peaceful picketing and prevention of intimidation.
31.        Notwithstanding anything contained in this Act, it shall be lawful for one or more persons acting on their own behalf or on behalf of a trade union or of an individual employer or firm in contemplation or furtherance of a trade dispute, to attend at or near a house or place where a person resides or works or carries on business or happens to be, if they so attend merely for the purpose of peacefully obtaining or communicating information, or of peacefully persuading any person to work or abstain from working.

Rules.
32. (1)    The Governor-General may make rules respecting registration under this Act and in particular, but without prejudice to the generality of the foregoing power, with respect to —

(a)    the seal, if any, to be used by the Registrar for the purpose of registration under this Act;

(b)    the forms to be used for such registration, and any other forms which may be prescribed under this Act;

(c)    the inspection of registers and documents kept by the Registrar and the making of copies of any entries therein;

(d)    the fees to be charged for registration and inspection and any other service or matter prescribed or permitted by this Act; and

(e)    generally for carrying this Act, other than sections 26-31, into effect.

32. (2)    Any rules made under subsection (1) shall have no force or effect until approved by resolution of the House of Assembly.

1.    The name of the trade union.

I hereby give notice that I object to making any contribution to the

political fund of the                        Union, and am in consequence
exempt, in manner provided by the Trade Unions Act, (Cap. 154),
from contributing to that fund.
    

A.                                         B.
                                       Address