Charter of Trade Union Rights
Every worker should have the right:
To union membership for the protection of their occupational, social and economic rights, and not to be discriminated against on grounds of union membership or participation in union activities or using union services;
To be a union representative and, if so, have reasonable time off and not to be discriminated against;
To be represented by a union, individually or collectively, on any work issue;
To have the right to take industrial action to protect his or her (or any other worker's) occupational, social or economic interests without being in breach of contract, without threat of dismissal or discrimination;
To picket any workplace relevant to the dispute; Every trade union should have the right:
To organise and support industrial action in accordance with the union's rulebook to protect members or (any other worker's) occupational, social or economic interests;
To uphold its own rule book and democratic procedures, and to spend its funds and conduct its own activities in accordance with the rules, free from employer and state interference, litigation or legislation;
To represent its member or members in any workplace on any work issue;
To be granted recognition by and to negotiate collective agreements with any employer where a majority of employees are members of the union or vote for recognition of it;
Where the union has members, to have reasonable access to a suitable location in an employer's premises in order to communicate with the members, to inspect for health, safety or welfare reasons or to ensure compliance with labour laws;
Trade Union Rights - a briefing
"The changes that we do propose would leave British Law the most restrictive on trade unions in the western world" Tony Blair, 1997
WHY?
Why we need Employment law
- to comply with fundamental human rights and international law
- to enhance equality of opportunity
- to extend and promote collective bargaining
- to ensure workplace democracy (the right of workers, through their unions, to have a say in the decisions which affect them)
- to ensure justice and fairness
International Law
'Everyone has the right to form and join trade unions for the protection of his interests' Declaration of Universal Human Rights, UK signatory
"protection of interests' ....safeguards freedom to protect ....by trade union action" European Convention on Human Rights and Fundamental Freedoms. UK member of Council of Europe.
'right to form and join trade unions for the protection of the worker's economic and social interests and the right of unions to function freely', 'the right to strike' International Covenant on Economic, Social and Cultural Rights. Convention ratified by UK
'right of membership and rights associated with membership', 'to collective action...including the right to strike' Articles 5 and 6, Social Charter of the Council of Europe. Ratified by UK
'protection of trade union 'autonomy',' right to collectively bargain' including the right to strike. Nos 87 and 98 International Labour Organisation Conventions. UK a founding signatory
Without exception, the UK despite either signing or ratifying the above Articles or Conventions, has been found to be in breach of them and has been condemned by the appropriate bodies
A Right to freedom of association
- an individual right to join and be a trade union member, to protect occupational, social and economic interests
- right not to be discriminated against for exercising the rights, benefits or facilities of membership (ensuring the reversal of decisions made in the Wilson and Palmer cases, and the repeal of the Ullswater Amendment)
- right to be accompanied to be extended to trade union representation on any matter related to the member's work or employment
- rights to union membership should have no exceptions (e.g. Prison officers, police...)
Background
Wilson and Palmer cases led to a House of Lords declaration that the right to union membership did not include any right for the union to represent or negotiate for the member. In fact the only right protected was the simple right to hold a union card. - condemned by International rights bodies
Ullswater Amendment - permits an employer to discriminate against workers who seek to preserve collective agreement where the employer has decided to end it.
Representation - right is presently limited to 'accompanied' at disciplinary and serious grievance hearings. There is no right to these hearings.
A Right to Collective bargaining
- ACAS duty to promote collective bargaining should be restored
- Improvement to recognition procedure
- New Fair Wages resolution and competition law to re-establish the principle that the public sector will only do business with those who observe high employment standards
Background
Present recognition procedure includes criteria, which are more restrictive than practices in other areas of life
- the threshold on small employers inclusion actually excludes a majority of workers thus denying them basic rights.
- The voting threshold in a recognition ballot is contrary to expected practices - it should only be a majority of those voting
- There should be automatic recognition where membership exceeds 50%
A Right to Information and Consultation
- adopt the Directive on Information and Consultation
- ensure a duty to inform and consult a union on any significant change in the workplace
Background
The UK government has refused to progress, and has in fact actively blocked, the proposed EU Information and Consultation of Employees directive - a modest piece of legislation designed to ensure genuine partnership in the workplace - which would mean workers, such as those at Rover, Corus and Vauxhall, would be involved at an early stage in key decisions about their future.
A Right to take Industrial Action
- removal of hurdles imposed by previous government legislation to taking lawful industrial action
- right to claim unfair dismissal for taking industrial action should not be limited to first eight weeks of a dispute
Background
- Tory anti-union law was not just designed to hold unions accountable but to undermine the entire principle of collective action.
- injunctions can presently be obtained on the slight basis of an arguable case rather than being proved on the balance of probabilities
- outlawing of secondary action: this does not take into account the reality of current employment structures when workers and/or work is moved from employer to employer. Flexibility of the labour force should be repaid by adequate protections
- industrial ballots: notification notices simply undermine the process as employers respond by
A Right to Trade Union Autonomy
- a right for trade unions to draw up their rules and decide on their activities free from state or employer interference, as required by the ILO.
- no restriction on unions spending their funds in accordance with their rules subject only to the purpose not being unlawful
- no restriction on indemnifying fines incurred by any person (no restriction for any other bodies)
- unions should be free to discipline their members in line with rules
