PART IV
LIMITED REPRESENTATION OF EXECUTIVE EMPLOYEES
Interpretation of this Part
30.—(1)  In this Part, unless the context otherwise requires,“recognised trade union” means a trade union the majority of whose membership consists of non‑executive employees and which has been accorded recognition by an employer under section 17 in respect of any non‑executive employees.
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(2)  For the purposes of this Part, the Minister charged with the responsibility for human resource management in the Civil Service shall be deemed to be the employer of employees of the Government.
[30A
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Limited representation of executive employees
30A.—(1)  Notwithstanding section 17, a recognised trade union may represent any executive employee individually, and not as a class, for all or any of the following purposes only:
(a)to make representations to the Minister under section 35(3);
(b)upon the retrenchment of the executive employee, to negotiate with the employer with a view to resolving any dispute relating to the retrenchment benefit payable to the executive employee;
(c)to negotiate with the employer with a view to resolving any dispute relating to a breach of contract of employment by the executive employee or the employer;
(d)to represent the executive employee in proceedings before a Court in respect of the dismissal or reinstatement of the executive employee in circumstances arising out of a contravention of section 82 or any matter referred to in paragraph (b) or (c);
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(e)to negotiate with the employer with a view to resolving any re‑employment dispute as defined in section 8A(4) of the Retirement and Re‑employment Act (Cap. 274A).
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(2)  Where a recognised trade union seeks to represent an executive employee under subsection (1), the employer may object to such representation only on the ground that the executive employee —
(a)is employed in a senior management position or performs or exercises any function, duty or power of a person employed in a senior management position, including the control and supervision of major business operations, accountability for operational performance, formulation of business policies, plans and strategies and provision of leadership to other employees;
(b)performs or exercises any function, duty or power which includes decision‑making, or the power to substantially influence decision‑making, on any industrial matter including the employment, termination of employment, promotion, transfer, reward or discipline of other employees;
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(c)performs any function or duty which includes representing the employer in any negotiation relating to any industrial matter;
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(d)has access to confidential information relating to the budget and finances of the employer, any industrial relations matter or the salaries and personal records of other employees; or
(e)performs or exercises any other function, duty or power which may give rise to a real or potential conflict of interest if he is represented by the trade union.
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(3)  Where an employer raises any objection under subsection (2), the employer and the trade union shall make a joint application to a Court for the determination of the question.
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(4)  Until the Court gives its decision, the recognised trade union may continue to represent other executive employees whose representation by the trade union under subsection (1) is not objected to by the employer under subsection (2).
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(5)  The powers of a Court under subsection (3) shall be exercisable by the Court constituted by the President alone.
[30B
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Invitation to negotiate
30B.  A recognised trade union representing an executive employee under section 30A may serve on an employer or an employer may serve on a recognised trade union, as the case may be, a notice in the prescribed form (referred to in this Part as an invitation to negotiate) —
(a)setting out proposals for resolving any dispute relating to the issue of retrenchment benefit payable to the executive employee upon the retrenchment of the executive employee or a breach of contract of employment by the executive employee or his employer or any re‑employment dispute as defined in section 8A(4) of the Retirement and Re‑employment Act (Cap. 274A); and
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(b)inviting the employer or trade union, as the case may be, to negotiate with it in relation to those matters with a view to arriving at a settlement.
[30C
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Acceptance of invitation to negotiate
30C.  An employer or a recognised trade union upon whom an invitation to negotiate has been served under section 30B may, within 7 days after service of that invitation, serve on the recognised trade union or employer which served the notice an acceptance of the invitation to negotiate (referred to in this Part as an acceptance to negotiate).
[30D
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Non-acceptance of invitation to negotiate
30D.—(1)  Where an employer or a recognised trade union upon whom an invitation to negotiate was served under section 30B has not served an acceptance to negotiate within the time specified in section 30C, the employer or trade union which served the invitation to negotiate, as the case may be, may notify the Commissioner.
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(2)  Upon receipt of a notification under subsection (1), the Commissioner shall consult, or direct a conciliation officer to consult, with the employer or trade union which has not served an acceptance to negotiate with a view to persuading that employer or trade union to accept the invitation.
[30E
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Conciliation
30E.—(1)  If, after the expiration of 14 days from the date of service of an invitation to negotiate, an agreement has not been reached between the recognised trade union and the employer by whom and upon whom the invitation was served as to all the matters set out in the invitation, either party to the negotiations may notify the Commissioner.
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(2)  Upon receipt of a notification under subsection (1), the Commissioner may consult, or direct a conciliation officer to consult, with the employer and the trade union concerned in an endeavour to assist them to reach a settlement by conciliation.
[30F
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