Section 14.

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(2)  The rules of every trade union shall contain a provision that

  1. the union shall not organise, participate in, sanction or support a strike or other industrial action without a secret ballot, entitlement to vote in which shall be accorded equally to all members whom it is reasonable to believe at the time of the ballot for the union concerned to believe will be called upon to engage in the strike or other industrial action;
  2. the union shall take reasonable steps to ensure that every member entitled to vote in the ballot votes without interference from, or constraint imposed by, the union or any of its members, officials or employees and, so far as is reasonably possible, that such members shall be given a fair opportunity of voting;
  3. the committee of management or other controlling authority of a trade union shall have full discretion in relation to organising, participating in, sanctioning or supporting a strike or other industrial action notwithstanding that the majority of those voting in the ballot, including an aggregate ballot referred to in paragraph d, favour such strike or other industrial action;
  4. the committee of management or other controlling authority of a trade union shall not organise, participate in, sanction or support a strike or other industrial action against the wishes of a majority of its members voting in a secret ballot, except where, in the case of ballots by more than one trade union, an aggregate majority of all the votes cast, favours such strike or other industrial action;
  5. where the outcome of a secret ballot conducted by a trade union which is affiliated to the [] Congress of Trade Unions or, in the case of ballots by more than one such trade union, an aggregate majority of all the votes cast, is in favour of supporting a strike organised by another trade union, a decision to take such supportive action shall not be implemented unless the action has been sanctioned by the Irish Congress of trade Unions;
  6. as soon as practicable after the conduct of a secret ballot the trade union shall take reasonable steps to make known to its members entitled to vote in the ballot:
    (i) the number of ballot papers issued,
    (ii) the number of votes cast,
    (iii) the number of votes in favour of the proposal,
    (iv) the number of votes against the proposal, and
    (v) the number of spoilt votes.

[Ireland, Industrial Relations Act, 1990 (amended by Industrial Relations Amendment Act 2001)]

 

Section 66. Strike or lockout procedures

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(2) A party to an unresolved dispute who intends to take strike action shall give written notice to the Commissioner of Labour and serve a copy of the notice on the employer or employers' association directly affected in the case of an employees organization.  The Commissioner of Labour shall, in the presence of the parties to the dispute, within seven working days of the receipt of the notice, arrange and supervise a secret ballot to determine whether the majority of employees whom it is proposed should take part in the strike are in favour of taking such action.

(3) The Commissioner of Labour  shall take all reasonable steps to ensure that all employees whom it is proposed to take part in the strike action have an opportunity to vote in the ballot.

(4) There shall be a duty upon any employer of employees within the terms of subsection (2) to supply the Commissioner of Labour on request with the names of relevant employees, and any other information which the Commissioner of Labour may require, in order to conduct a ballot for the purposes of subsection (2

(5)   The Commissioner of Labour shall notify the result of a strike ballot to the parties and to the Court within 48 hours of the holding of the ballot, but failure by the Commissioner of Labour to organise a ballot in conformity with this section shall not deprive an otherwise lawful strike of protection under this Act:  Provided that if such failure by the Commissioner of Labour is attributable to uncooperative conduct on the part of the employees party to the dispute, any strike action taken or threatened shall not have protection under this Act and shall be treated as unlawful.

(6)   Where a majority of employees covered by the recognition agreement voting in the ballot have voted in favour of strike action, or where the Commissioner of Labour  has failed to conduct or notify the result of a strike ballot under subsections (2) and (5) respectively, the strike shall be deemed to be in conformity with this Act:  Provided that a new written notice is given to the other party or parties to the dispute and to the Commissioner of Labour at least 48 hours before the commencement of such action.

[Swaziland, Industrial Relations Act, 1996]

 

Strike ballots.

(1) Before resort is had to action by way of a strike, a ballot shall be taken of the employees contemplating such action after the completion of any proceedings referred to in section [other conditions for the exercise of the right strike]

(2) Any trade union or group of employees contemplating action by way of strike may apply to the Commission for assistance in taking a strike ballot.

(3) Where application is made to the Commission for assistance in taking a strike ballot, the Commission shall arrange for the ballot to be taken within five days of the application.

(4) For a ballot to be successful, it must -

(c) fulfil all requirements of the rules of any trade union concerned;

(d) obtain the majority of the votes cast by no less than a majority of the members of the trade union or the group of employees concerned in the workplace, enterprise or bargaining unit with respect to which the strike is contemplated and who are present and voting.

(6) The results of the ballot shall be certified by the scrutineers taking the ballot or by the Commission, and all records of the ballot shall be filed with the Commission.

[ILO draft provision for a Member]

 

Failure to reach settlement by conciliation

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(3) Where the parties decide to proceed on strike or lockout, the parties shall not proceed on strike or lockout unless a simple majority decision of the employees present and voting is made by employees in favour of the strike or lockout...

[Zambia, Industrial and Labour Relations Act, 1993 (No. 27 of 1993) Section 78, as amended by the Industrial and Labour Relations (Amendment) Act, 1997 (No. 30 of 1997)]

 

Section 407. To be declared strike the workers will notify in writing to the Secretariat of State of Labor an exposition of the following elements:
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3) That the strike has been voted upon by more than fifty one percent of the workers of the company or companies involved;

[Dominican Republic, Labour Code, 1992]

 

Section 529. The strike agreement must be accepted by means of a secret vote. If a strike were decided upon by the majority of the workers of the company affected by the conflict, this decision will include all personnel.

If the strike were to be adopted by less than the absolute majority, the trade union and the workers taking part in the strike must respect the free will to work of those who do not adhere to the strike. In any case, this minority must represent no less than thirty percent of the workers involved in the conflict.

[El Salvador, Labour Code, 19721]

1. Amended by Decree 859 (1994)