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Dominica (223) > Freedom of association, collective bargaining and industrial relations (9)

Name: Industrial Relations Act, 1986, Chap. 89:01, (Act No. 18 of 1986).
Country: Dominica
Subject(s): Freedom of association, collective bargaining and industrial relations
Type of legislation: Law, Act
Adopted on: 1986-07-17
Entry into force:
Published on: Printed Separately, 42 p. (DOC.NORMES)
ISN: DMA-1986-L-55204
Link: https://www.ilo.org/dyn/natlex/natlex4.detail?p_isn=55204&p_lang=en
Bibliography: Printed Separately, 42 p. (DOC.NORMES)
Act on-line Act on-line Government of the Commonwealth of Dominica PDF PDF (DOC.NORMES) (consulted on 2009-04-06)
Abstract/Citation: Consolidates the law relating to industrial relations. Part One sets preliminary definitions and the application of the act. Part Two governs the Industrial Relations Board and industrial relations tribunals. Establishes the jurisdiction and constitution of the Industrial Relations Board. Provides for the selection of members to hear an application to the Board or a related matter. Establishes the rules, powers and proceedings of industrial relations tribunals. Governs the decisions of industrial relations tribunals and establishes that the decision of a tribunal is to be binding on the parties concerned. Part Three estblishes that a tribunal may dtermine whether a person is an employee or a managerial employee. Part Four governs the recognition of bargaining agents for bargaining units. Regulates claims for recognition and procedures and requirements for making such claims. Obligates employers to either recognize claims or give notice that they doubt that the trade making the claim is entitled to recognition. Estblished the conditions and procedures by which the Minister repsonsible for labour may determine the appropriate bargaining unit. Part Five governs the recognition of bargaining agents. Regulates claims for recognition respecting managerial employees. Governs joint bargaining agents. Part Six regulates the termination of recognition. Part Seven concerns collective bargaining and industrial agreements. Obliges bargaining units to negotiate. Establishes that the term of an industrial agreement is not to exceed three years. Governs trade union succession and employers' federation succession. Part Eight governs trade disputes and managerial disputes. Governs the reporting of a dispute to the minister. Provides for when parties have failed to follow procedures. Governs conciliation. Establishes when a strike or lockout may occur and when an employee may take part in a strike. Part Nine regulates unfair practices by making explicit what is prohibited on the part of employers and trade unions. Part Ten governs offences and penalties. Part Eleven makes miscellaneous provisions including giving the minister the power to make regulations for the purposes of carrying out the act. The Schedule lists industries defined as essential services.
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