WO toolkit 2012 complete.pdf - GMB

SECTION 5.41
GROUP SEVEN
UNION RIGHTS
41. Why can’t we just stop work or walk out in protest like we once did?
The law requires unions to hold fully postal ballots of members before calling a strike or other
industrial action.In addition,the union has to give the employer at least seven days written notice
before the ballot opens; and again after the ballot but before the industrial action begins.
The first day of action must fall within four weeks of the close of the ballot,unless the employer and the
union agree a longer period e.g.to allow negotiations.
If all these steps are not followed closely,the industrial action will be unlawful and would put workers’
jobs at risk.
If a union or its officials organise a walkout without following the legal procedures,the employer can
get an injunction against the union and the organisers of the action.If we the union disobey the
injunction,the union and its officials could be in contempt of court.Worse,the employer could dismiss
all those taking part in the unlawful and unprotected industrial action.Court orders disrupt the
collective defence of workers’interests.
On the other hand a proper ballot will protect workers from dismissal during the first 12 weeks of the
industrial action.Any dismissal will be automatically unfair,regardless of how long a worker has been
employed.A dismissal after the first 12 weeks may still be unfair if the employer has not taken
reasonable procedural steps to resolve the dispute e.g.has not followed the agreed procedure,or has
unreasonably refused a union offer of mediation or conciliation.This protection will not apply if the
union fails to observe the ballot law.
Of course,even before these laws came in,GMB policy has always been for members to vote in favour
before the union calls for any industrial action.
By following the legal procedures,unions try to protect their members and ensure that the
employer is kept under pressure.Not complying with the law simply plays into the employer’s
hands.
REMEMBER: there may be more than one person affected by this issue.
Consider calling a meeting to advise,recruit and organise.