Section 99 - Collective bargaining certificate

(1) A trade union shall make an application to the Chief Labour Officer for a certificate appointing that trade union as the appropriate representative to conduct negotiations on behalf of the class of workers specified in the collective bargaining certificate with the employers of the workers.

(2) An application made under subsection (1) shall include

(a) the description of the class of workers in respect of whom the application is made and their estimated number; and

(b) the number of workers of that class who are members of the trade union by whom the application is made.

(3) The class of workers may be specified in a certificate issued under this section by reference to the employer of the workers or to the occupation of the workers or in any other manner sufficient to identify them.

(4) The Chief Labour Officer shall subject to regulations made by the Minister, determine which union shall hold a collective bargaining certificate for the class of workers in a situation where there is more than one trade union at the work place.

(5) A collective bargaining certificate will be issued to a union for the same class of workers at a particular time.

(6) A certificate issued under this section shall have effect notwithstanding that some of the workers of the class specified are not members of the trade union appointed under the certificate.

(7) A certificate issued under this section shall be published in the Gazette by the Chief Labour Officer.

(8) At any time after the issue of a certificate under this section, the Chief Labour Officer may

(a) at the request of either the trade union or employer's organisation; and

(b) after consultation with the trade union or employers' organization,

withdraw the certificate without affecting the right of the trade union to apply for a fresh certificate under this section.

(9) A trade union which is dissatisfied or aggrieved with a decision of the Chief Labour Officer under Parts XI or XII of this Act may apply to the National Labour Commission for redress.