The statutory provisions referred to below are found in the Industrial Relations (Northern Ireland) Order 1992.
- Article 39 provides that an employer who recognises a trade union for collective bargaining purposes must disclose to trade union representatives such information in his possession as is necessary to ensure that the union is not impeded in carrying on collective bargaining with that employer, and which is in accordance with good industrial relations practice.
- Under Article 41, a trade union may present a complaint to the Court that an employer has failed to disclose necessary information or to confirm such information in writing.
- The Court can make a declaration that the union’s complaint was well-founded and will specify in this declaration the information the employer must disclose, the date on which the employer refused to disclose the information and the period within which the employer should disclose the information.
- If an employer still fails to disclose the necessary information the union can make a further complaint to the Court under Article 42, and may claim that certain specified terms and conditions should be applied to one or more specified categories of employees.
- If the Court finds this further complaint well-founded it may make an award that the employer shall, from a specified date, observe the terms and conditions set out in the union’s claim or such other terms and conditions as the Court considers appropriate.