Cap. 171 Art. 11Functions of the Port Workers Board.

(1) The functions of the Board shall be:

(a) the discipline of port workers other than disciplinary measures contemplated in the relative Service Level

Agreements;

(b) the review from time to time as provided by regulations issued under the Ordinance of the complement of port workers required by employers of port workers to satisfy the demands of industry;

(c) the selection of persons eligible to fill a vacancy for a port worker in accordance with regulations issued under the Ordinance;

(d) to determine -

(i) the conditions of employment of port workers including tariffs related thereto;

(ii) the system under which port workers shall be supplied to employers of port workers for any port work;

(iii) the organization of port workers: Provided that the Board shall not exercise the functions specified in paragraph (d) where it is specifically agreed to in writing between employers of port workers and port workers in the determination of the matters specified in the said paragraph shall be done in any other manner;

(e) to advise the Authority on such matters relating to labour in the port as may be referred to the Board from time to time;

(f) to make recommendations to the Authority concerning the deregistration from the Port Workers Register of persons working at a port in accordance with article cases falling under subarticle(1)(a), in the event that a person is convicted of theft committed during or in connection with port work or contravenes or fails to comply with the provisions of this Ordinance, or grossly misbehaves or misconducts himself in the course of or in connection with his port work, then, without prejudice to the provisions of article 18, or to the provisions of any other law, the Board may -

(a) suspend him from work for a period not exceeding three months; or

(b) give him a fortnight’s notice of cancellation of his registration; or

(c) cancel his registration forthwith.

(3) The conclusions of the Board relative to matters under subarticle (1)(d) and (e) shall be by agreement between the representatives of employers of port workers and of the port workers on the Board.

(4) If the two sides are unable to agree on matters under subarticle (1)(d) and (e), they may agree to refer the question for a decision by an umpire appointed by the Minister responsible for labour upon their joint recommendation.

(5) The Board shall take all decisions by majority vote in accordance with the provisions of the Second Schedule.

(6) Without prejudice to any right of appeal to the Port Work Appeals Board where such right exists, any conclusion of the Board relating to any tariff or to the conditions of employment of port workers or to the supply of port workers and any other matter which in the opinion of the Chairman of the Board involves principles of importance, shall be submitted to the Minister for approval and when approved by him shall be published by order in the Gazette and shall be binding on all employers of port workers and on port workers from the date of publication as may be appointed by the Minister: Provided that the Minister may delegate in writing the powers conferred upon him by this subarticle to a public officer or to an officer in the Authority:

Provided further that the Minister may recall for his own determination on any matter that may be pending before the Board.

(7) Nothing in this article shall preclude recourse to conciliation or arbitration proceedings under the provisions of the Act, and, or any other relevant law, where the employers of port workers side and the workers’ side have failed to reach agreement under subarticles (3) and (4).

(8) A memorandum of the terms of a settlement of a trade dispute made in accordance with the provisions of the Act, and, or such other relevant law, shall, for the purposes of this Ordinance, approval by him of a determination or decision arrived at in accordance with the provisions of subarticles (3), (4) or (5).