The ballot must be conducted fairly and secretly, and every member entitled to vote must be allowed to do so without interference.There must be a separate ballot for each workplace unless the dispute involves common terms across multiple workplaces and an aggregate ballot can be used.The ballot must be a ballot of those members whom the RCN intends to call to take industrial action and no others, but minor accidental errors may be disregarded as stated above.The RCN must appoint an Independent Scrutineer and make sure they comply with their requirements before, during and after the ballot, they must not suffer undue interference, and the RCN must comply with their reasonable requests.There are numerous statutory requirements that must be complied with in respect of an industrial action ballot. Members would also lose their ability to claim unfair dismissal if they are dismissed because they took part in unprotected industrial action. This could also result in a claim for damages in respect of any financial loss suffered so it is important these rules are adhered to. This is usually in the form of an application for an injunction to restrain the action and given its size, the RCN can be fined up to £250,000.00. This type of action could result in a legal challenge from an employer or service user who may, or have, been affected by any such unofficial action. Where the action is taken to impose union labour only or union recognition requirements.Where there is illegitimate secondary action.Where the action is taken in response to the dismissal of unofficial strikers.Where the action is taken to enforce union membership.Where the action is taken by non-statutory pickets.Where a union takes industrial action without first giving the employer notice.Where a union takes industrial action without the support of a secret ballot.There are circumstances when industrial action is not permissible and therefore will not be protected. However, the dispute itself must not be purely political in nature, such as in response to a government campaign. Industrial action is normally utilised in a trade dispute between employers and workers, but it is possible to be in dispute with a minister of the crown if certain conditions are met. This is a complicated statutory definition, but most trade disputes fall within category (a) which relates to terms and conditions.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |