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359.   Appropriateness of bargaining unit

Revised Laws of Saint Lucia (2021)

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359.   Appropriateness of bargaining unit

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    (1)   Where an application for recognition is made under section 357, the employer and the trade union applying for recognition may, through discussion, agree on the bargaining unit, and the Labour Commissioner shall be informed of such agreement, in writing, within 7 days of the application being made.

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    (2)   Where the Labour Commissioner is not informed of an agreement in accordance with subsection (1), the Labour Commissioner shall, after consultation with the employer and the trade union, determine the bargaining unit he or she considers appropriate in the circumstances and, in so doing, shall have regard to—

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      (a)     the community of interests among the employees in the proposed bargaining unit;

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      (b)     the nature and scope of the duties of the employees in the proposed unit;

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      (c)     the views of the employer and the trade unions concerned as to the appropriateness of the bargaining unit; and

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      (d)     the historical development, if any, of collective bargaining in the employer's undertaking.

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    (3)   Where an agreement or determination is made under subsection (1) or (2), the Labour Commissioner may, before recognition, include additional employees in or exclude employees from the bargaining unit.

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    (4)   Where an employer or a trade union is aggrieved by the determination of the Labour Commissioner under this section, the employer or trade union may appeal to the Tribunal against the determination.

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