Section 37: Criteria for recognition of trade union of workers

37. Criteria for recognition of trade union of workers (1) Subject to subsections (2) and (3), a trade union shall be entitled to recognition as a bargaining agent for a bargaining unit in an enterprise or industry, where it has the support of not less than 30 per cent and not more than 50 per cent of the workers in the bargaining unit of the enterprise or industry. (2) Subject to subsection (3)— (a) a trade union which has the support of more than 50 per cent of the workers in a bargaining unit in an enterprise or industry shall be entitled to recognition as the sole bargaining agent of the bargaining unit of the enterprise or industry; (b) 2 or more trade unions which have each the support of not less than 30 per cent and not more than 50 per cent of the workers in a bargaining unit in an enterprise or industry shall be entitled to be recognised as a joint negotiating panel of the bargaining unit of the enterprise or industry. (3) Where a trade union or group of trade unions has been granted recognition as a sole bargaining agent or joint negotiating panel, respectively, for a bargaining unit in an enterprise or industry, no other trade union shall be entitled to recognition for the bargaining unit except by virtue of an order or determination of the Tribunal under section 38. (4) Where a trade union has been granted recognition under subsection (1) and— (a) one or more new trade unions, having the support of not less than 30 per cent and not more than 50 per cent of the workers in the bargaining unit, apply to the employer for recognition— (i) the employer may grant recognition to the trade unions altogether as a joint negotiating panel of that bargaining unit; (ii) the employer may not grant recognition to any of the new trade unions which refuses to form part of a joint negotiating panel; or (iii) the employer or one or more of the new trade unions may, where the existing trade union refuses to form part of a joint negotiating panel, apply to the Tribunal for an order directing the existing trade union to form part of the joint negotiating panel; (b) a new trade union which has the support of more than 50 per cent of the workers in the bargaining unit, applies to the employer for recognition in respect of that bargaining unit, the employer or the new trade union may apply to the Tribunal for its determination as to which trade union is to be recognised, and the Tribunal shall make an order to that effect. [Issue 5] E9A – 24 Revised Laws of Mauritius (5) Where there is no recognised trade union in an enterprise or industry and a trade union or group of trade unions, which is not entitled to recognition under subsection (1) or (2) (b), applies for recognition to an employer, the employer may voluntarily grant recognition to the trade union or group of trade unions having obtained the highest percentage of support from the workers in the bargaining unit of the enterprise or industry. [S. 37 repealed and replaced by s. 13 of Act 5 of 2013 w.e.f. 11 June 2013.]