Trade Union & Members
Rules which seek to limit a person’s access to the court or require determination or conciliation under the union rules are limited in effect. If a member or former member of a trade union begins proceedings in court in relation to a matter to which the legislation applies, then if he has previously made a valid application to the union for the matter to be submitted for determination or conciliation in accordance with union rules, the court proceedings have begun after the end of a period of six months beginning on the day the union receives the application, the rules requiring or allowing the matter to be submitted, the fact that relevant steps remain to be undertaken under the rules is regarded as irrelevant to the question of dismissing or staying court proceedings.
An application is valid unless the union informs the applicant before the end of a period of 28 days by which it is in contravention of rules.
Members of a trade union have a right not to be unjustifiably disciplined by the union. Discipline includes expulsion, payment of sums, deprivation of benefits, facilities, and services, subjected to other detriment.
An individual is unjustifiably disciplined if the rules for disciplining are of the type below or something which the union believed to amount to such conduct. Conduct concerned includes failing to participate in a strike or industrial action; organizing a proposition to action or failing to contravene a requirement imposed by an employment contract in connection with a strike or industrial action; asserting in proceedings or otherwise that the official or representative or a trustee has contravened provisions of the union rules or law; encouraging or assisting a person to perform contractual obligations in a contract of employment; contravening a requirement imposed by or in consequence of a determination which infringes his individual rights not to be unjustifiably disciplined; failing to agree to wage deductions for union membership fees; proposing to resign or resigning from the union; working for persons who are not members of the union; working for persons who are not employed members of the union or who are or are not members of another union.
An individual is not unjustifiably disciplined if the reason for disciplining and one of them is that he made such an assertion against a union, trustee, member, etc. for a breach of the rules that is false, and there is no other reason for disciplining him.
An individual who claims that he has been unjustifiably disciplined may complain to an Industrial Tribunal. This must be done within three months. The tribunal may make a declaration if it finds the complaint well-founded.
The person may obtain an award of compensation for recovery of sanctions required to be paid by persons obliged to mitigate their loss.
If the tribunal finds the infringement was caused or contributed to by the action of the applicant, it may reduce the compensation proportionately.
A person has a right not to suffer unauthorised deductions of subscriptions. The worker must authorise the deduction in writing and has a right to withdraw the authorization. The employee may complain to an Industrial Tribunal in relation to an authorised contravention or an authorised deduction.
It is an implied term of membership of a trade union that the member may terminate membership on giving reasonable notice. An individual may not be expelled from a trade union unless on permitted grounds.
They must cease to satisfy an enforceable membership requirement contained in the rules. They must cease to be an employee in the case of a union, the sole regulation of a particular place employer’s employment, or his expulsion and is entirely attributable trouble to his conduct.
A requirement in relation to membership is enforceable if it restricts membership solely by reference to employment in a specified trade, industry or profession, occupational description, possession of a trade, industrial or professional qualification.
Conduct does not include an individual ceasing to be a member of another trade union, employed by a particular employer or ceasing to be a member of a political party.
A complaint may be made to the Industrial Tribunal within six months. The Industrial Tribunal may declare that it upholds the complaint. There is a provision for compensation, recognition of collective bargaining. Provisions apply where a trade union is recognised as entitled to conduct collective bargaining and a method for the conduct of collective bargaining is specified by the industrial court.
The employer must, from time to time, invite the trade union to send representatives to a meeting for the purpose of consulting about the employer’s policy on training for employees within the bargaining unit, consulting on plans for training during the next six months and reporting about training provided since the previous meeting. Meetings must be held periodically every six months.
A trade union may complain to the Industrial Tribunal that the employer has failed to comply with his obligations. Where a complaint is well-founded, it may make a declaration and make an order for compensation to be paid by the employer to each person at the time the failure occurred. It is not to exceed two weeks’ pay.