Trade unions and non-striking members

Legal Studies ◽  
1986 ◽  
Vol 6 (1) ◽  
pp. 35-52 ◽  
Author(s):  
Ewan McKendrick
Keyword(s):  
Trade Union ◽  
Trade Unions ◽  
Legal Action ◽  
National Union ◽  
Industrial Action ◽  
Number Of Factors ◽  
The Subject

The ‘rights’, if any, which belong to trade union members who refuse to participate in industrial action have been the subject of debate and controversy recently. A number of factors account for this. The first is the legal action maintained by members of the National Union of Mineworkers who refused to participate in the recent industrial action in the coalfields. Secondly, recent debates over the wisdom of introducing a ‘positive’ right to strike in place of the existing system of ‘immunities’ have, as Lord Wedderburn has remarked, ‘opened up… the prospect of a prohibition on unions disciplining members who refuse to strike, on the basis of the fallacy that a positive ‘‘right to strike’’ implies the negative ‘‘right not to strike’’’.

scholarly journals The Issue of Representativeness in the Lights of the Amended Trade Unions Act

2021 ◽  
Vol 95 ◽  
pp. 39-50
Author(s):  
Iwona Sierocka
Keyword(s):  
Trade Union ◽  
Trade Unions ◽  
Specific Work ◽  
Collective Rights ◽  
The Social ◽  
The Subject ◽  
The Given ◽  
National Trade ◽  
Work Contract ◽  
Joint Representation

The subject of the deliberations are issues regarding the representativeness and size of workplace trade union organisations after the changes introduced in the Trade Unions Act in 2018. According to the obligatory provisions, the “representativeness” of a trade union organisation is traditionally conditional on its size, but not only the employees, but also other categories of the employed are taken into account. It is, inter alia, about persons providing work under a contract of mandate or a specific work contract and sole proprietors. By expanding the full rights of coalition onto persons performing work on the basis other than employment relationship, the legislator increased the percentage limits decisive in the matter of representativeness. At present, the representative trade union organisation above the workplace level is also an organisation uniting at least 15% of all people performing gainful work under the articles of association, not fewer, however, than 10,000 persons performing gainful work. It works similarly at the workplace level. With reference to workplace trade union organisations which belong to organisations above the workplace level which meet the criteria for representativeness as specified in the Social Dialogue Council Act, at least 8% of the staff of the given employer is required. In the case of workplace trade union organisations which do not participate in such structures, the representativeness is conditional on uniting of at least 15% of persons performing gainful work for the given employer (7% and 10%, respectively, were required earlier). Determining the number of the staff, the employees and persons providing gainful work under other bases being employed for at least 6 months before the commencement of negotiations or arrangements must be included. A significant novelty is the necessity to select a joint representation of the representative organisations at the workplace level that belong to the same Trade Union Federation or National Trade Union Confederation in matters regarding collective rights and interests of the persons performing gainful work.

Re-framing the debate on breakaway trade unions in an era of neoliberalism

2018 ◽  
pp. 153-170
Author(s):  
David Evans
Keyword(s):  
Trade Union ◽  
Trade Unions ◽  
Industrial Relations ◽  
The Political ◽  
Trade Unionism ◽  
Political Narrative ◽  
The Subject ◽  
Contingent Approach ◽  
Union History ◽  
Labour Organisation

Breakaway unions have been a feature of labour organisation since the dawn of trade unionism. Despite this long history, the historiography of the subject remains undeveloped. The process of breaking away from an established union and setting up a rival organisation can be triggered by a range of impulses and inducements, fostered by both progressive and reactionary forces. On one level they can be considered a product of intra-union conflict, but a fuller understanding comes from viewing breakaways in the context of the broader economic and political circumstances in which they are embedded. The systematic remapping of the political and industrial relations landscape during the neoliberal epoch has brought into question the pluralist assumptions that have traditionally underpinned the notion of breakaway unions. Building from a historically-contingent approach, this chapter contends that the ideological onslaught unions have faced since the 1980s has encouraged division among union members and the breakaways that have emerged have generally given voice to a more moderate approach, sometimes couched in a ‘non-political’ narrative. In shining a light on the reasons behind these ideologically-motivated breakaways, this chapter contributes to the knowledge of this important but neglected area of trade union history.

Trade union representation of contingent workers in further education in the UK and Austria

2009 ◽  
Vol 15 (3-4) ◽  
pp. 461-480 ◽  
Author(s):  
Susanne Pernicka
Keyword(s):  
Trade Union ◽  
Trade Unions ◽  
Further Education ◽  
Contingent Workers ◽  
Contingent Work ◽  
Strategic Responses ◽  
Institutional Contexts ◽  
The Subject ◽  
Cross Country ◽  
The Uk

The subject of this article is trade union strategies for contingent workers. On the assumption that trade unions’ strategic responses vary in accordance with their national institutional contexts, we compare Austria and the UK in the area of further education. In both countries, we found various trade union strategies for dealing with the growing heterogeneity of members and potential members of trade unions in further education. From a cross-country perspective, however, we found some evidence that the spread of contingent work might lead to a convergence of union strategies and a reduction of the influence on their behaviour of national institutions.

PROTECTION OF THE RIGHTS AND INTERESTS OF THOSE WHO PERFORM PAID WORK IN THE LIGHT OF THE ACT ON TRADE UNIONS. THE AXIOLOGICAL-PHYLOSOPHICAL-PRAXEOLOGICAL ASPECT

2021 ◽  
Vol specjalny II (XXI) ◽  
pp. 471-492
Author(s):  
Janusz Żołyński
Keyword(s):  
Trade Union ◽  
Trade Unions ◽  
Vertical Dimension ◽  
The Other ◽  
Paid Work ◽  
Legal Norms ◽  
Collective Agreements ◽  
Binding Force ◽  
The Subject ◽  
Normative Content

The feature of the Polish protection of employees is both the vertical and horizontal binding force. The vertical dimension stems from the rights and duties constituted in domestic legal norms being addressed to all of its addressees. These norms, on the other hand, may take on a horizontal dimension since their specification may be the subject of detailed regulations such as normative collective agreements being a basis for seeking redress, concluded by a trade union and an employer. They may thus be the subject of normative content of collective labour agreements, work regulations and separate collective agreements.

Strikes and the Individual Worker—Reforming the Law

1987 ◽  
Vol 46 (2) ◽  
pp. 287-302
Author(s):  
B. W. Napier
Keyword(s):  
Trade Union ◽  
Trade Unions ◽  
Union Member ◽  
Green Paper ◽  
Individual Choice ◽  
Labour Law ◽  
Industrial Action ◽  
The Government ◽  
The Individual ◽  
The Right

The government's recent Green Paper “Trade Unions and Their Members” contains several radical proposals for the reform of labour law, among them the suggestion that no union member should be subject to penalties by his trade union for disobedience to the union's call to take strike action. This proposal is based partly on a philosophy of committed individualism—everyone has a right to decide to work whatever a trade union has to say about the taking of industrial action—and partly on the government's concern over the well-publicised sanctions which unions such as the N. U. M. and the N. U. J. have recently imposed on members who have rejected official calls to participate in industrial action. The suggestion is made at a time when the actual impact of strikes (measured in terms of working days lost) is at its lowest point for twenty years and at a stage when, as one commentator has observed, “[t]he trend in this area of law, as developed in the courts and by Parliament, is towards strengthening the position of the union member who refuses to participate in industrial action”. Given its conviction that the taking of industrial action should be a matter left to individual choice (para. 2.22), it is hardly surprising that the government appears to view sympathetically the possibility of extending to members disciplined by their union (by expulsion or some lesser sanction) the right of complaint to an industrial tribunal.

Sanctions for contempt by a trade union

Legal Studies ◽  
1986 ◽  
Vol 6 (1) ◽  
pp. 18-34 ◽  
Author(s):  
Richard Kidner
Keyword(s):  
Trade Union ◽  
Trade Unions ◽  
Industrial Relations ◽  
Trade Dispute ◽  
Industrial Action ◽  
Court Orders ◽  
The Relationship

The relationship between trade unions and the courts has always been a sensitive one, and no less so when the issue is how to deal with a union’s refusal to obey court orders. During most of this century enforcement has not been a serious problem because the nature of trade dispute law has meant that the courts have rarely had to establish their authority over trade unions; but during the era of the Industrial Relations Act 1971 and also since 1980 the situation has been rather different. This is because statute has drastically curtailed the ambit of lawful industrial action, and has also rendered unions directly liable, thus making conflict between unions and the courts inevitable.

British Trade Union Law Since the Trade Disputes and Trade Union Act of 1927

1932 ◽  
Vol 26 (2) ◽  
pp. 345-351
Author(s):  
Edwin E. Witte
Keyword(s):  
Trade Union ◽  
Trade Unions ◽  
Legal Status ◽  
Trade Disputes ◽  
British Trade ◽  
American Interest ◽  
Recent Developments ◽  
History Of ◽  
Entire History ◽  
The Subject

Judging from articles on the subject, American interest in British trade union law has been considerable, but spasmodic. Every important decision or statute affecting the legal status of the British trade unions has been followed by articles on this side of the Atlantic outlining the entire history of the British law of labor combinations and attempting to forecast the outcome of the most recent developments. Between times, the subject has not been discussed and no one has presented the actual results of the heralded developments. The Trade Disputes and Trade Union Act of 1927 is the most recent of these developments noted in this country.

Utilising trade unions in business continuity management to create resilience

2019 ◽  
Vol 1 (1) ◽  
pp. 36-46 ◽  
Author(s):  
Cliff Ferguson
Keyword(s):  
Trade Union ◽  
Trade Unions ◽  
Action Learning ◽  
Well Being ◽  
Business Continuity ◽  
Content Type ◽  
Business Continuity Management ◽  
Industrial Action ◽  
The Government ◽  
Period Model

Purpose Trade unions are the political arm of the working class, economically active masses, whilst industrial action is a demonstration of the will to reach their objectives. However, the crippling of systems through such contradicts business continuity. Yet, the opposite is true for a natural disaster that traumatises the union member and has a direct impact on their well-being. Inculcating a service continuity and resilience in government, with trade unions as majority stakeholders, may be a challenge. Moreover, it is further complicated by the African perspective, which will become prevalent in the author’s deliberations, as the trade union landscape is open to revolutionary Marxism, Socialism and Capitalistic precepts and concepts. Testing the problem and solutions with the period model produces evidence that purports a future praxis for business continuity management (BCM) that involves trade union representatives and their members. Ultimately, trade unions, cumbersome as they may seem, have much to offer as far as human resources, mass membership, knowledge and skill are concerned. The paper aims to discuss these issues. Design/methodology/approach An action learning approach linked to the period model to answer five research questions, namely: What is the actual modus operandi of trade unions with regard to business continuity and resilience?; What is the actual interest of union representatives in the understanding and implementation of BCM and resilience standards and concepts?; What would be required to utilise trade union platforms for the purposes of BC induction and awareness?; How will BCM certification for trade union stewards affect or impact on their industrial actions or campaigns?; How can the BCM fora develop a theory and possible praxis, to involve trade unions as part of the business continuity and resilience programme of an organisation? Findings The findings are as follows: the period model works as an agent of action learning. The likelihood of trade unions to participate in business continuity outside of labour action is commendable. Trade union representatives are keen on being certified as BCM practitioners. BCPs are inclined to fail with industrial action when involving trade union representatives. The BCM Policy and ISO 22301 standards bring about a good understanding of the roles of BC practitioners and union representatives in a crisis period. Research limitations/implications Research was limited to the pilot site, i.e. The Government Pensions Administration Agency – South Africa. Originality/value The paper brings about a new dimension to a business continuity programme, where the trade unions are no longer an interested party but rather they become active members of a business continuity team.

29. Industrial action

2019 ◽  
pp. 512-530
Author(s):  
Stephen Taylor ◽  
Astra Emir
Keyword(s):  
Trade Union ◽  
Trade Unions ◽  
Employment Law ◽  
Labour Relations ◽  
Industrial Action ◽  
The Law ◽  
Practical Implications

The law on the organisation of industrial action is mainly contained in the Trade Union and Labour Relations (Consolidation) Act 1992. This chapter sketches out the broad principles and their practical implications. It looks separately at three distinct topics: firstly, the law relating to trade unions and trade union officials organising industrial action; secondly, the law relating to individual workers taking industrial action; and, thirdly, the law relating to picketing (ie, demonstrating support for a strike outside an employer’s premises). This is an area of employment law which is both complex (some would say unnecessarily so) as well as controversial in a number of respects.

scholarly journals Organizacja związkowa jako administrator – wybrane zagadnienia

2020 ◽  
Vol 27 (4) ◽  
pp. 259-270
Author(s):  
Arleta Nerka
Keyword(s):  
Data Processing ◽  
Trade Union ◽  
Trade Unions ◽  
Personal Data ◽  
Legal Protection ◽  
Employment Relations ◽  
Specific Nature ◽  
The Subject ◽  
Data Controller ◽  
Trade Union Organization

Trade union as a data controller: Selected issues The study covers the issues of identifying trade union structures as data controllers at the level of collective employment relations. Considering the specific nature of the subject matter of trade unions’ activity, the issue of processing personal data accompanies them in the performance of their tasks, often causing interpretation problems. The article also focuses on the characteristics of a trade union organization as a data controller. The analysis also covers the grounds for data processing, with particular emphasis on the legality of data processing subject to special legal protection.

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