39. Secret ballot

Amended

Last amended by an amending law of 2015.

(1)

The rules of a registered trade union relating to the taking of decisions by secret ballot shall ensure that every member or delegate, as the case may be, has an equal right, and a reasonable opportunity to record his vote freely, that the results of the voting are correctly ascertained and declared, and that the secrecy of the ballot is properly secured.

(2)

Notwithstanding subsection (1), where the majority of the membership of a registered trade union consists of non‑executive employees, no rule of the trade union shall confer on any member who is an executive employee that is represented by the trade union under section 30A of the Industrial Relations Act 1960, the right to vote in any secret ballot taken for the purpose of obtaining the consent of its members to commence, organise, participate or otherwise act in furtherance of any strike or any form of industrial action under section 27(1).

(3)

For the purpose of satisfying himself that a secret ballot taken by a registered trade union has been properly conducted, the Registrar may —

(a)

order a person to deliver to him any ballot papers, envelopes, lists or other documents which have been used in connection with or are relevant to the secret ballot and which are in the possession or under the control of that person;

(b)

take possession of any such ballot papers, envelopes, lists or other documents; and

(c)

inspect the same and retain them for such period as is necessary for such purpose.

(4)

Subject to subsection (3) or as may be provided in the rules of the trade union, no person shall be allowed to inspect or copy any such paper or document relating to a secret ballot.

(5)

A registered trade union and every officer of a registered trade union who is able to do so shall, notwithstanding anything in the rules of the trade union, take such steps as are necessary to ensure that all ballot papers, envelopes, lists and other documents used in connection with or relevant to a secret ballot shall be kept at the registered office of the trade union for a period of 6 months after the completion of the secret ballot.

(6)

The results of a secret ballot taken to decide any of the matters set out in paragraph 8 of the Schedule shall be sent to the Registrar within 7 days after the holding of the secret ballot by the secretary of the trade union in such form as the Registrar may direct.

Terms defined in s 2

delegate
Defined · s 2
“delegate” means —(a)in relation to a trade union which is not a federation, a person who is elected or appointed in accordance with the rules of the trade union to attend and vote at a meeting of the trade union on behalf of any number of members of the trade union; or(b)in relation to a federation, a person elected or appointed in accordance with the rules of the federation to attend and vote at a meeting of the federation on behalf of any of the constituent trade unions of the federation;
Open s 2
executive
Defined · s 2
“executive” means the body, by whatever name called, to which the management of the affairs of a trade union or of any branch thereof is entrusted;
Open s 2
executive employee
Defined · s 2
“executive employee”, in relation to an employer, means an employee who is employed in a managerial or an executive position by the employer;
Open s 2
officer
Defined · s 2
“officer”, in relation to a trade union, includes any member of the executive thereof and any member of any committee, provision for which is made in the rules of the trade union, but does not include an auditor;
Open s 2
registered office
Defined · s 2
“registered office” means the office of a trade union which is registered under this Act as the head office of the trade union;
Open s 2
registered trade union
Defined · s 2
“registered trade union” means a trade union registered under this Act;
Open s 2
Registrar
Defined · s 2
“Registrar” means the person for the time being appointed by the Minister under section 3 by name or by office to be or to act as Registrar of Trade Unions, and includes any person appointed by the Minister under section 4 to be or to act as an Assistant Registrar of Trade Unions;
Open s 2
strike
Defined · s 2
“strike” means the cessation of work by a body of workmen employed in any trade, industry or calling acting in combination, or a concerted refusal, or a refusal under a common understanding of any number of workmen who are or have been so employed to continue to work or to accept employment;
Open s 2
trade union
Defined · s 2
“trade union” means any association or combination of workmen or employers, whether temporary or permanent, whose principal object is to regulate relations between workmen and employers for all or any of the following purposes:(a)to promote good industrial relations between workmen and employers;(b)to improve the working conditions of workmen or enhance their economic and social status;(c)to achieve the raising of productivity for the benefit of workmen, employers and the economy of Singapore,and includes any federation;
Open s 2

Report

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Part 6

Property

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Part 7

Funds and Accounts

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Part 8

Offences and Penalties

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Part 9

Miscellaneous

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