In cases where there is a dispute over whether a trade union has the right to represent the staff of an employer for collective bargaining purposes, the Trade Dispute Panel (TDP)

can intervene to determine whether that trade union represents the majority of the employer’s staff.In carrying out this function, the TDP can either encourage a negotiated outcome between the trade union and employer or make a determination on the matter through an award after a secret ballot is carried out amongst the employer’s staff in accordance with Section 5 of the  Trade Disputes Act 1981.