HC Deb 23 March 1971 vol 814 cc439-40

21.—(1) Every approved closed shop agreement shall include provisions as to the principles in accordance with which, in the case of specially exempted workers, appropriate contributions to a charity are to be calculated.

(2) Subsections (1) to (4) of section 8 of this Act shall (with the necessary modifications) have effect in relation to the formulation of those principles as they have effect in relation to the provisions of an agency shop agreement relating to appropriate contributions to a trade union in lieu of membership of the trade union.

22.—(1) Any worker who—

  1. (a) in accordance with an approved closed shop agreement would, unless specially exempted, be required to become a member of a trade union, but
  2. (b) objects on grounds of conscience to being a member of a trade union,
may propose to the trade union that, instead of becoming a member of it, he should agree to pay appropriate contributions to a charity to be determined by agreement between him and the trade union.

(2) If the trade union agrees to the proposal, and the amount of the contributions, and the charity to which they are to be paid, are agreed between the worker and the trade union, the worker shall by virtue of that agreement be specially exempted for the purposes of section (Special provisions for approval of closed shop agreement) of this Act, and (subject to the next following paragraph) specially exempted' in that section shall be construed accordingly.

23.—(1) If, in consequence of a proposal made by a worker to a trade union under paragraph 22 of this Schedule, a dispute arises between him and the trade union on any question—

  1. (a) whether his objections to being a member of a trade union are genuinely objections on grounds of conscience, or
  2. (b) to which charity the contributions should be payable, or
  3. (c) what contributions to a charity would be appropriate contributions in accordance with the approved closed shop agreement, or
  4. (d) whether the provisions of that agreement relating to contributions to a charity conform to the requirements of paragraph 21(2) of this Schedule,
the question in dispute may, in accordance with industrial tribunal regulations, be referred to and determined by an industrial tribunal.

(2) Any matter determined by the decision of an industrial tribunal on a reference under this paragraph shall have the like effect for the purposes of section (Special provisions for approval of closed shop agreement) of this Act and of this Part of this Schedule as if it had been agreed between the worker and the trade union.

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