Are Trade Unions Observing the Law Regulating their Existence?  

Dear Editor

Trade Unions Act: Chapter 98:03 provides for the Regulation and Registration of Trade Unions to enable them to function in good standing of the law. Some of the main provisions of the Trades Unions Act include:

• Trade Unions are prohibited from carrying out business and function legally unless it is registered (Sections 11-12) with the Registrar of Trade Unions in accordance with this Act.
• The purpose of any trade union shall not be unlawful so as to invalidate any agreement (Section 5).
• The Act protects trade unions against action of tort and breach of contract or agreement or trust in pursuance of a trade dispute (Sections 7 and 8).
• The Act provides for the property of the unions to be vested in trustees, (trustees cannot hold office in the same union), for legal actions by or against trustees, and limitation of responsibility of trustees (Section 16-21).

Financial Accountability 

The Act expressly requires every Treasurer or other Officers to render to the Trustees, the members of the union at a duly constituted meeting of the union, a just and true account of monies received and paid, funds remaining and all bonds and securities of the union. The trustees are required to submit to the Auditor General for audit within fourteen days of the receipt of the account from the treasurer (Section 22).

Questions for continuing representational and collective bargaining relations with Trade Unions:

1. Should the Government and Private / Corporate Employers require from the Trustees of a recognised Union, a certified statement that this financial obligation has been fulfilled?

1. ii) Should the Auditor General, upon request, confirm that the receipts of accounts/financial statements from the Trustees for auditing?

iii)        Should the Auditor General publish annually the names of the Unions whose financial accounts have been audited?

The Act further stipulates the requirements and conditions in relation to the registration of union rules, the registered office of the unions, withdrawal or cancellation of certificate of registration, change of union’s name, amalgamation of unions, registration of change of name and amalgamation, and dissolution of the union (Sections 25-33).

Annual Return and Registrar’s Reports 

Section 35 of the Act imposes an obligation on every registered trade union to present to the Registrar a general statement of receipts, funds, effects, and expenditure before the 1st May in every year. The general statement must show fully the assets and liabilities of the preceding year and must be prepared together with such information and in the manner stipulated in this Act. Questions:

1. i) Should the Registrar of Trade Unions publish a list annually of the Unions complying with these legal and lawful requirements?

1. ii) Should the Registrar of Trade Unions provide the relevant information, on request to a Company, the Government that recognizes the appropriate Union for collective bargaining purposes?

The Registrar of Trade Unions is required to lay before the National Assembly, annual reports with respect to matters transacted by the Registrar in keeping with the requirements of the Trade Unions Act (Section 36).  Question: Should the annual to the National Assembly by the Registrar, made available on request to the Clerk of the National Assembly, to an employer, or research students?

Sincerely,

Samuel J. Goolsarran