- a voting member of the executive
means a person entitled in his own right to attend meetings of the executive and to vote on matters on which votes are taken by the executive (whether or not he is entitled to attend all such meetings or to vote on all such matters or in all circumstances). 13C 1 A member of a trade union who claims that the union has failed to comply with the requirement of Article 13B may apply to the Certification Officer or to the High Court for a declaration to that effect. 2 On an application being made to him, the Certification Officer— a shall, where he considers it appropriate, give the applicant and the trade union an opportunity to be heard;
- address
includes any address or number to which information may be sent by any means.
- agency worker
has the meaning given in regulation 3 of the Agency Workers Regulations (Northern Ireland) 2011;
- applicant worker
means a worker who— (a) falls within a bargaining unit ( “his bargaining unit”), and (b) has made an application under paragraph 112 or 137 to have bargaining arrangements ended;
- candidate
means a candidate for election to a political office and includes a prospective candidate;
- certificate of independence
means a certificate issued under— (a) Article 6 of the 1992 Order, (b) Article 82A(4), or (c) section 6(6) or 101A(4) of the Trade Union and Labour Relations (Consolidation) Act 1992;
- commercial contract
means any contract other than— a a contract of employment, or b any other contract under which a person agrees personally to do work or perform services for another.”
- conduct
includes statements and acts;
- contract of employment
means a contract of service or of apprenticeship;
- Crown employment
means employment under or for the purposes of a government department.
- date of the ballot
means, in the case of a ballot in which votes may be cast on more than one day, the last of those days.
- dismissal
means the termination of Crown employment;
- electors
means electors at an election to a political office;
- employee
means an individual who has entered into or works under (or, where the employment has ceased, worked under) a contract of employment;
- employer
includes such a person and related expressions shall be construed accordingly;
- employment
includes any relationship whereby one person personally does work or performs services for another;
- film
includes any record, however made, of a sequence of visual images, which is capable of being used as a means of showing that sequence as a moving picture;
- government department
means a Northern Ireland department or a department of the Government of the United Kingdom;
- Great Britain union
means a trade union whose head or main office is situated in England, Wales or Scotland;
- group
includes two or more groups taken together.
- independent trade union
has the meaning assigned to it by Article 2(2) of the 1992 Order;
- inducement
includes an inducement which is or would be ineffective, whether because of the member's unwillingness to be influenced by it or for any other reason;
- industrial action
means a strike or other industrial action by persons employed under contracts of employment.
- member of the executive
includes any person who, under the rules or practice of the union, may attend and speak at some or all of the meetings of the executive, otherwise than for the purpose of providing the committee with factual information or with technical or professional advice with respect to matters taken into account by the executive in carrying out its functions. 4 This Article does not apply to the position of president or general secretary if the holder of that position— a is not, in respect of that position, either a voting member of the executive or an employee of the union;
- merchant seaman
means a person whose employment, or the greater part of it, is carried out on board sea-going ships;
- not protected
means excluded from the protection afforded by this Article or, where the expression is used with reference to a particular person, excluded from that protection as respects that person.
- notified category of employee
means—
- notified workplace
means—
- offshore worker
means a person in offshore employment within the meaning of section 287 of the Great Britain Act, other than one who is in such employment in an area where the law of Great Britain applies.
- overseas member
means a member of the trade union (other than a merchant seaman or offshore worker) who is outside Northern Ireland throughout the period during which votes may be cast.
- Police service
means service as a member of the Royal Ulster Constabulary or the Royal Ulster Constabulary Reserve, or, subject to paragraph (3), in any other capacity by virtue of which a person has the powers or privileges of a constable.
- political office
means the office of member of the Assembly, member of Parliament, member of the European Parliament or member of a district council or any position within a political party.
- pre-commencement declaration of recognition
means a declaration of recognition issued by the Court before the coming into force of the order, • “pre-commencement method of collective bargaining” means a method of collective bargaining specified by the Court before the coming into force of the order, and references to a post-commencement declaration of recognition or method of collective bargaining shall be construed accordingly.
- pre-commencement method of collective bargaining
means a method of collective bargaining specified by the Court before the coming into force of the order, and references to a post-commencement declaration of recognition or method of collective bargaining shall be construed accordingly.
- qualified lawyer
means a barrister (whether in practice as such or employed to give legal advice), or a solicitor who holds a practising certificate.
- qualifying election
means an election satisfying the requirements of this Part.
- regulations
means regulations made by the Department;
- relevant employer
means a person who it is reasonable for the trade union to believe (at the time when the steps are taken) was at the time of the ballot the employer of any persons entitled to vote.
- remedial order
means an order under this sub-paragraph.
- require
(on the part of an individual) includes request or apply for, and “requisition” shall be construed accordingly;
- specified
means specified in a requirement under this paragraph.
- specified person
means a person specified or of a description specified in the voting paper for the ballot in accordance with Article 110(4).
- statutory provision
has the meaning assigned to it by section 1(f) of the Interpretation Act (Northern Ireland) 1954;
- strike
means (except for the purposes of Article 110(3)) any concerted stoppage of work;
- the 1992 Order
means the Industrial Relations (Northern Ireland) Order 1992;
- the Agency
means the Labour Relations Agency;
- the amalgamation date
means the date on which the instrument of amalgamation takes effect.
- the appropriate period
means the period—
- the appropriate trustees
means the trustees of the amalgamated or transferee union.
- the Certification Officer
means the Certification Officer for Northern Ireland;
- the Court case manager
means the member of the staff provided to the Court... who is named in the requirement (but the Court may, by notice given to the recipient of a requirement under this paragraph, change the member of that staff who is to be the Court case manager for the purposes of that requirement);
- the Department
means the Department of Economic Development;
- the duty of confidentiality
has the meaning assigned to it by Article 4(3);
- the Employment Rights Order
means the Employment Rights (Northern Ireland) Order 1996;
- the Great Britain Act
means the Trade Union and Labour Relations (Consolidation) Act 1992;
- the relevant date
means—
- trade dispute
means a dispute between workers and their employer which relates wholly or mainly to one or more of the following—
- trade union
has the meaning assigned to it by Article 3(1) of the 1992 Order;
- voting member of the executive
means a person entitled in his own right to attend meetings of the executive and to vote on matters on which votes are taken by the executive (whether or not he is entitled to attend all such meetings or to vote on all such matters or in all circumstances).
- worker
includes an individual regarded in his capacity as one who works or normally works or seeks to work as a person performing personal medical services or personal dental services providing general medical services, general dental services, general ophthalmic services or pharmaceutical services in accordance with arrangements made by the Department of Health under Article 15B,..., 61, 62 or 63 of the Health and Personal Social Services (Northern Ireland) Order 1972;