Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698068201705.pdf (Guyana)
1136 CH.

57.

TRADES UNIONS.

CHAPTER 57.

TRADES UNIONS.

[No.

XVII of 1921.

J [18th June, 1921.

J Short title.

1.This Ordinance Ordinance.

may be cited as the Trades Unions ;, !

PRELIMINARY.

Interpreta­ tion: Proviso.
2.In this Ordinance, unless the context othenvise requires,- " trade union " means any combination, whether objects of statutory temporary which are under its constitution objects: or permanent, the principal Provided that any combination time being registered deemed to be a trade union nance so long as it continues which is for the as a trade union shall be as defined by this Ordi­ to be so registered; " means the regulation of the between workmen and masters, or " statutory objects relations between workmen and workmen, masters tive conditions business, members; on the conduct and also the provision and masters, of restric­ of any trade or of benefit to or the imposing or hetween '' the registrar '' means the registrar appointed m1der 1 ' the rules '' or '' rules '' means rules made under this Ordinance; this Ordinance.
Trade·�nH.

3.The fact that a combination has, under its consti­ objects or powers other than statutory objects of this Ordinance shall not prevent its of this Ordinance so tution, within the meaning being a trade union for the purposes long as it is a trade union as de.fined by this Ordinance, and any trade union shall have power to apply the funds of the union for a.ny lawful objects being authorised under its constitution.

or purposes for the time TRADES UNIONS.

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1137 4.This Ordinance shall not affect- between (a)any agreement partners as to their own Exemptions.

business; (b)any_ agreement between an employer and those employed by him as to the employment; (c)any agreement in consideration of the sale of the or of instruction of a business, in any goodwill trade, profession, or handicraft.

CRIMINAL A.ND CIVIL PROVISIONS.

5.-(1) The purposes reason 1 th t h t?


be unlawful liable · mere y a t ey are 1n restramt of any trade union shall not by Whell: objects • d of uruon not o tra e, e eeme rm.lawful.

f d b d ' so as to render any member of the union for conspiracy prosecution or otherwise.

to criminal (2)The purposes of any trade union shall not, by reason merely ful so as to render that they are in restraint void or voidable of trade, any agreement be unlaw­ or trust.
in this Ordinance any leg�l proceeding� or recovermg enforcmg 6.Nothing ente�tain of directly of any agreement- (a)between members shall enable any court to � en trade instituted damages with the object =� ���­ for the breach enforceable.
of a trade union as a union con­ the conditions on which any members cerning for the time being of the union shall or shall not sell their goods, or be employed; business, transact employ, or (b)for the payment by any person of any subscrip­ tion or penalty (c)for tl_ie application to a trade union; or of the funds of a trade union, (i)to provide (ii)to furnish to members; benefits contributions to any employer or or workman not a member of that union, in consideration ployer or workman acting in con­ of formitv that union; or of the em­ with the rules or resolutions (iii)to discharge any fine imposed upon '.1ny person by sentence tice; or of a court of JUS­ ( d)made between one trade union and another; of any of the or of any bond to secure above-mentioned agreements in this sec­ tion shall be deemed to constitute mentioned the performance but nothing agreements unlawful.
any of the above­ VoL.

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1'RADES UNIONS.

ion Prohibit of actions of tort against unions.

a trade union, whether_ of any members or officials and all other members of to have act alleged of that union, shall not be 7.-(1) An action against or against by any court.
of any tortious on behalf of themselves workmen or masters, thereof the union, in respect been committP.d by or on behalf entertained (2)Nothing of the trustees vided for by section in respect of any tortious of the union in contemplation t.rade dispute.
in this section fifteen act committed of this Ordinance, except by or on behalf or in furtherance of a of a trade union to be sued in the events pro­ shall affect the liability Chapters 214 and 178 not applicable to unions: 8.The following Ordinances, that is to say, (a)the Friendly Societies nances amending it; and Ordinance, and any Ordi­ (b)the Companies (Consolidation) and Ordinance, any Ordinances shall not apply to a trade union : amending it, Proviso.
Provided that a trade union which insures or pays money on the death of a child under ten years of age shall be deemed to be within the provisions thirty­ seven of the Friendly Societies of section .

Ordinance REGISTERED TRADE UNIONS.

Appointment of registrar of unions.

9.The Governor may appoint some fit.

and proper person to be the registrar the remuneration fixed by the rules.

of trade unions, who shall receive Register unions.
of 10.The registrar shall keep a register unions registered un�er this Ordinance required by the rules, and shall discharge required by this Ordinance and by the rules.

of all trade in the form all the duties Registration of unions.

11.

Any seven or more members of a trade union may, their names to the rules of the union, and complying by subscribing otherwise with respect Ordinance, but if any one of the purposes is unlawful the registration to registratjon, with the provisions shall be void.
register the union under this of that union of this Ordinance Land for unions may be purchased or leased.

12.Any trade union registered under this Ordinance may purchase tees for the time being of the union, any land not exceed­ jng one acre, and may sell, exchange, in the names of the trus­ or take upon lease, mortgage , or let the TRADES UNIONS.

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1139 assignee, for any sale, exchange, land, and no purchaser, shall be bound to inquire authority the receipt money arising tion every branch of a trade union shall be considered distinct or tenant, mortgagee, have whether the trustees and mortgage, shall be a discharge for the of this sec­ of the trustees therefrom; and for the purposes or letting, union.
a whatso-Pr?perty of under this =:Jin as provided the trustees 13.-(1) All movable and immovable property to any trade union registered shall be vested in ever belonging Ordinance of the union, appointed for the use and benefit of the union and the members of, and the movable of a trade union shall be vested in the trustees branch, union so provide, their respective their respective or in the trustees of the union, if the rules of the and be under the control executors claims and interests.
or immovable property or administrators, of that there- of any branch for the time being trustees.
by this Ordinance, of the trustees, according to (2)Upon the death or removal shall vest in the succeeding and interest to the same trusts, whatsoever, as tbe former trustees without of any of the trustees, for the trustees had therein, or any conveyance except in the case of stocks and which shall be funds of the colony, the property same estate and subject assignment securities transferred into the names of the new trustees.
or sum­ or indictments, (3)In all actions, in the public or suits, mary proceedings tion, touching be stated being holding names, as trustees description.

before any court of summary jurisdic­ or concerning any of the property, it shall to be that of the person or persons for the time the office of trustee, in his or their proper of the trade union, without any further thereof, In cases of disability of trustees.
14.When anyone who is or has been a trustee or of any appointed before or and in whose name of a 1mder this Ordinance, trade union registered branch of a trade union, and whether after the legal establishment any stock belonging at any bank in the colony or others, another insolvent, becomes deed for liquidation arrangement becomes his office of trustee, any or or from or is dead, or has been removed that or if it is unknown whether to that union or branch transferable with jointly either is absent from the colony or or executes or solely, or files any petition, of his affairs by: assignment with his creditors, or for composition is standing, a lunatic, 1140 CH.
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TRADES UNIONS.
in on application of the union to him, may direct as the trustees shall be made by the surviving pe�s<:m is living or dead, the registrar, and three members wr1_tmg from the secretary or branch, and on proof satisfactory the transfer of the stock into the names of any other persons transfer tees or trustee, that trustee refuses the registrar so directs, and the bank is hereby indemnified pursuance of this provision of any person injuriously and the or continuing trus­ and if there is none of those trustees or is unable to make the transfer of the bank; for anything done in any claim or demand for the union or branch; then by the manager thereby.
or if and affected against Actions by or against trustees.
or any other officer of the union authorised 15.The trustees of any trade union registered under the movable or concerning in their proper are hereby empowered or defended, in any court of to any law or the property, this Ordinance, so to do by the rules thereof, bring or defend, or cause to be brought or complaint action, suit, prosecution, or equity, right, touching claim to property of the union; and shall and may, in all property cases concerning of the or immovable in any union, sue and be sued, plead and be impleaded, court of law or equity, description than the title of their office; suit, prosecution, nor shall it abate, by the death or removal those persons or any of them, but shall and may be prose­ cuted by their successor resignation, or removal cessors shall pay or receive suit, prosecution, had been commenced in or complaint their names for the benefit of, or to be reimbursed from, the funds of the union, and the summons to be issued to it at the the trustee or other officer may be served office of the union.
registered the like costs as if the action, , from office of as if the death, and those suc­ had not taken place; names, without other or successors by leaving and the action, or complaint shall not be discontinued Limitation of responsi­ bility of trustees.

16.A trustee under this of any trade union registered Ordinance shall not be liable which may arise or happen in the funds of the union, but shall be liable him on account of the union.
only for the moneys actually to make good any deficiency received by Officers' accounts, and audit.

17.Every treasurer or other officer of a trade union registered under this Ordimmce, at the times at which by the rules of the union he should render the account here­ inafter or upon being required mentioned, so to do, shall TRADES UNIONS.

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1141 of the union, or to the members at a meeting of the union, a just and true account render to the trustees thereof, of all moneys received dered the like account, in his hands, and of all bonds or securities which account fit and proper person or persons (2)The treasurer, and paid by him since he last ren­ and of the balance then remaining of the union, shall cause to be audited if· thereunto by them to be appointed.
the trustees required, by some upon the the balance account being audited, shall trustees from him, and shall also, jf required, trustees perty of the union in his hands or custody.
hand over to the which on the audit appears to be due hand over to the papers, and pro­ and effects, books, all securities forthwith (3)If the treasurer fails to do so the trustees of last rendered by him on account court for the to have been due from him upon the the union may sue him in any competent balance appearing account received ties and effects, or custody, any) he has since paid on account of the union; and in the action costs of suit, to be taxed as between solicitor in his hands him to set off in the action the sums (if by him, and for all the moneys since of the union, and for the securi­ full and client.
books, papers, and property the trustees leaving shall be entitled to recover their 18.If any officer, member, or other person, being or With_holding union effects: books, wilfully withholds or assignee, or fraudulently of a member thereof, or any or imposition, or wilfully applies by false representation of any moneys, securities, mis- any part of them to pur- in the rules of or directed to be a member of a trade union regis-��;;g or the nominee, executor, himself representing tered under this Ordinance, administrator, person whatsoever, obtains possession papers, or other effects of the union, or, having them in his possession, applies them, poses other than those expressed the union, or any part thereof, diction union is situate, behalf of the union, or by the registrar, order, order that officer, member or other person, to up all those moneys, securities, effects to the union, or to repay the amount of money applied improperly, further sum of .. money not exceeding together of that delivery default money or payment of tbat penalty for the place in which the registered upon a complaint and, in of that amount of the court may one hundred dollars, five dollars; and to pay, if the court thinks fit, a with costs not e.xceeding the court of summary juris- books, papers, or other may, by summary made by anyone on or repayment and easts, office of the deliver penalty: 1142 CH.
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TRADES UNIONS.

order the person so convicted without hard labour, months: to be imprisoned, for any time not exceeding with or three Proviso.

Provided that- shall prevent the by indictment ( a)nothing herein contained union from proceeding the party aforesaid; if by indictment (b)no one shall be proceeded for obtained a conviction the same offence under the provisions of this Ordinance.

has been previously against against and Regulations for registra­ tion.
I 19.With respect REGISTRATION OF TRADE UNION.
of the registration, under this Ordi­ nance, of a trade union, and its rules, visions shall have effect : the following pro­ (a)an application to register copies of the rules, titles the registrar the union and printed together with a list of the and names of the officers, shall be sent to under this Ordinance; (b)the registrar, upon being satisfied that the union has complied registration register with the regulations in force under this Ordinance respecting shall the union and its rules; (c)no union shall be registered under a name with that by which any other existing identical trade union has been registered, resembling the members or the public; that name as to be likely or so nearly to deceive ' ( d)the registrar any combination shall not register as a trade union unless in his opinion, regard to the constitution objects its principal may withdraw any registered union has been so altered are no longer statutory its principal objects, or if in his opinion the principal the certificate union if the constitution of the combination, objects, of registration that, in his opinion, are statutory objects and of having of the '1 objects for which it is actually carried on are not statutory objects; by refusal of the registrar (e)anyone aggrieved to register by the withdrawal ficate of registration, may appeal to the Supreme Court within the time and in the a combination under this section as a trade union, or of a certi­ " TRADES UNIONS.
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1143 manner and on the conditions of court; final; and the decision directed of the Court shall be by rules (/) where a union applying has to be registered for more than a year before to the registrar before statement a general been in opera.tion the date of the application, delivered thereof funds, effects, form, and showing were the annual general required trar; the same particulars statement annually and expenditure_, to be transmitted there shall be the registration of its receipts, hereinafter to the regis­ in the same as if it (g)the registrar, upon registering the union shall which evidence of registration, unless proved to have been with­ shall be conclusive with of this Ordinance have been observed; may from time to time issue a certificate certificate, drawn or cancelled, that the regulations to registra6on respect in Council make regulations this Ordina.nce, and the forms, to be used for the purpose registration, kept by the registrar respecting tration, secornl carrying not exceeding hereto, schedule this Ordinance in the the fees specified and, generally , for Second respecting and respecting the fees (if any) to be paid on regis­ and the inspection registration under the seal (if any), of documents and under this Ordinance, of into effect.
schedule.

(h)the Governor 20.With respect to the rules of a trade union registered under this Ordinance, effect: the following provisions shall have Rules of registered unions.

(a)the rules of every union shall contain in respect the first schedule of the several hereto; matters provisions in mentioned First schedule.

(h)a copy of the rules shall be delivered to every person on demand on payment not exceeding twenty-five by the union of a sum cents.
21.-(1) Every trade union registered shall have a registered Ordinance communications_ union under this Ordinance days without having office to which all may be addressed; if any is in operatio that office, the union and every and notices under this n for seven Registered office of unions.

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TRADES UNIONS.

officer thereof twenty-five dollars operation.


shall each incur a penalty not exceeding for every day during which it is so in (2)Notice of the situation of the registered shall be given to the registrar office, and of any change therein, and recorded by him, and until that notice union shall not be deemed to have complied visions of this Ordinance.

with the pro­ is given the Withdrawal oe cancella­ ti.ou of corti.ficaLe of registration.
22.-(1) No certificate of registration otherwise of a trade union than by the regis­ shall be withdrawn trar, and in the following cases : (a)at the request or cancelled.
of the union to be evidenced in the by him; manner from time to time directed (b)on proof to his satisfaction has been obtained that a certificate of by fraud or mis­ of the union has of this Ordi­ registration take, or that the registration become void under section nance, or that the union has willfully notice provisions exist; any of the or has ceased to from the registrar of this Ordinance, violated eleven and after ( c)under the provisions of paragraph ( d) of section nineteen of this Ordinance.
(2)With regard to paragraphs (a) and (b) of the pre­ in writing not less than two months' ceding sub-section, specifying briefly the ground of any pro­ notice the posed withdrawal or cancellation tegistration is shown to have become void as aforesaid, in to cancel which ca.se it shall be the duty of the registrar the certificate forthwith) the trade union before be withdrawn can at its request).
the certificate (except or cancelled of its registration previous shall be given by the registrar to of certificate (unless (3)A trade union whose certificate of registration or cancelled or cancellation, has been withdrawn the withdrawal as such the privileges of a registered actually without union, which may be enforced drawal or cancellation against had not taken to any liability prejudice trade union, hnt by the incurred it as if the with­ absolutely from the time of shall, place.
cease to enjoy Membership of minors.

MISCELLANEOUS.

23.A person under the age of twenty-one, but above the age of sixteen, provisjon is made in its rules to the contrary, may be a member of a trade union; unles� and may, TRADES UNIONS.

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1145 provided, enjoy all the rights of a member to those rules, as herein subject except give all acquittances necessary the rules of the w1jon, but shall not be a member of the co1:1.mittee of the umon.
of management, all instruments or given under or treasurer to be executed and execute trustee, and 24.A member of a trade union, not being under the age Member's nomination of payee.
office of the union, nominate under his hand, delivered years, brother, not being an officer or servant is his husband, the officer or servant child, of sixteen may, by writing at or sent to the registered any persQn, (unless mother, any moneys payable and forty dollars from time writing receiving the union shall pay to the nominee member not exceeding deceased satisfactory nephew, on his death, not exceeding , shall be paid at his decease, by a to time revoke or vary the nomination or sent; and on his hand similarly delivered or niece), of the union wife, father, to whom two hundred and may the amount due to the lillder sister, that sum.
proof of the death of a nominatqr, 25.-(1) A trade union may, with the approval ing of the registrar, not less than two-thirds Change of union's change its name by the consent name.

of members.

of the total number (2)No change of name shall affect any right or obliga­ in writ­ of tion of the union or of any member thereof, the :°-gs may be continued ing legal proceedi of the umon or any other officer, who may sue or trustees be sued on behalf of the union notwithstanding its new name.
and any pend­ by or against become amalgamated 26.Any two or more trade unions may, of not less than two-thirds unions, with or without or the flmds of either tion shall prejudice any union party thereto.

of the members together by the consent Amalgama­ tion of of each of those unions.
as one trade union, of their funds, or any of them; but no amalgama­ right of a creditor any dissolution or division of either or any 27.Notice in writing of every change of name or amal­ signed, in the case of a change of name, by seven of the trade gamation, members and countersigned union changing by t� secretary declaration Ordinance of changes signed by plied with, and in the case of an amalgamation by the secretary its name, and accompanied by a statutory that the provisions of this of names have been com­ in respect Registration of change of names and amalgama­ tions.
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and countersigned seven members or every union party thereto, statutory declaration provisions have been complied be registered, tion is so registered it shall not take effect.

of this Ordinance in respect and until that of each by the secretary by a and accompanied that the of amalgamations with, shall be sent to the registrar change of name or a.malgama: by each or every secretary to Dis.,olntion.
28.Notice of every dissolution of a trade union under the hand of the secretary shall be sent within fourteen by him.

trar, and shall be registered and seven members days thereafter of the union to the regis­ to Failure give notic<' or send document.

Penalty.
or it is required 29.A trade union which fails to give any notice, to give notice or send the document, of the union, unless of, or to have attempted send any document which by this Ordinance to give or send, and every officer or other person bound by or if the rules thereof there is not that officer, then every member of the committee of management ignorant to give or send the notice mary conviction to a penalty and not more than twenty-five suit of the registrar additional which the omission dollars, and to an or of any person aggrieved, is liable of not less than five dollars penalty of the like amount for each week during recoverable proved to have been or document, continues.
the omission to prevent, on sum­ at the Annual retmns.
30.-(1) A general statement of the receipts, funds, of every trade union registered at the date, and its receipts to the registrar shall be transmitted during the year preceding effects, and expenditure under this Ordinance before the first day of June in every year, and shall show fully its assets and liabilities and expenditure which the statement the expenditure in respect union, and shall be prepared in the form, and comprise time required deposito application to the treasurer copy of the general ment therefor.
r in, the union shall be entitled or secretary without from time to and every member of, and on of the several and made out up to the date, the particulars by the registrar; statement, of the union, a making any pay­ objects the date, to of the to receive, is made out; and shall show separately (2)Together be sent to the registrar and new rules and changes a copy of all alterations of rules of officers made by the union with the general statement there shall J'RADES UNIONS.

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11'17 during the year preceding statement as they exist at that date.

is made out, and a copy of the rules of the union the date up to which the general (3)Every trade union which fails to comply with or acts in contravention of the union so failing, conviction for each offence.

to a penalty of this section, and also every officer shall each be liable not exceeding twenty-five dollars Penalty.
on summary (4)Everyone who wilfully makes, or orders to be made, any false entry in, or any omission from statement aforesaid, of rules or alterations summary conviction be liable two hundred and forty dollars.

, any general or in or from the return of the copies shall for each offence on to a penalty of rules, not exceeding Penalty.

31.The registrar shall lay before the Legislative to the matters Coun-Rcgistra1 .. s reports.
transacted with respect cil annual reports by him in pursuance of this Ordinance.

32.Everyone who, with intent to mislead or defraud, Circulatin g false copies under this of rules.
or applying or amendments or to any person intending thereof, which exist for the time being, gives to any member of a trade union registered to Ordinance, become a member of the union, a copy of any rules, or of any alteration respectively that they are the existing are no other rules of the union, and everyone the intent aforesaid, on the pretence registered shall be liable exceeding gives a copy of any rules to anyone that they are the rules of a trade union rules of the union, or that there on summary conviction under this Ordinance other than those fi.f ty dollars.
who, with which is not so registered, not to a penalty on the pretence Penalty.

SCHEDULES.

FIRST SCHEDULE.

Of rn,atters to be provided for by the rules of trade iinions Ordinance.

registered under this I.The name of the trade union and place of meeting 2.The whole of the objects for which the trade for its business.
union is to be established, and the conditions under for which its funds shall be applicable, the purpose� which any member may become entitled finos and forfeitures to be imposed to any benefit thereby, on any member of the trade union.

and the 1148 CH.

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3.The manner of making, 4.A provision of a trustee or trustees, 5.A provision altering, for the appointment treasurer, for the investment and removal and other officers.

amending, rules.
amending, rules.

and rescinding committee of a general of the funds, and for an annual or periodical audit of accounts.

6.The inspection union by every person of the books and names of members of the trade in its funds.

having an interest 7.

The manner of dissolution.

SECOND SCHEDULE.

MAXIMUM FEES.

For registering For registering alterations For inspection of documents in mies ... trade union $5.00 2.50 .50