Unit 2 Collective Labour Law
a) Explain what a trade union is and how a trade union may gain recognition from an employer.
The Trade Union and Labour Relations (consolidation) Act 1992, looks into whether a trade union is temporary or permanent and is made up of members who are mainly working in one or more descriptions. Trade unions are there to protect and advance their members in the workplace. Trade unions are an independent group who are not under the control of the employer. They can be recognised by making a voluntary agreement or following statutory procedures which involves the Central Arbitration Committee.
Voluntary recognition is where the employer does not ...view middle of the document...
b) Explain some of the types of services that a typical trade union now provides to its members.
When joining a trade union, the member enters a contract with the union. The primary source of the terms of the contract is the union rulebook, which unions have a statutory obligation to supply to any person on request.
The trade union provides different services to their members, their main functions are to negotiation and bargaining with employers when their members are unhappy with their pay, workers' terms and conditions. They also provide training of short courses to help members with their careers, or change in jobs. Most trade unions provide a telephone helpline for members who have any questions.
Trade unions now offer members a different range of benefits and services that include legal help, financial assistance, accident and injury compensation, insurances. Some of the trade unions offer exclusive member discounts on cars and holidays.
(Information from the Unison website www.joinunison.org)
a) Evaluate the benefits of collective bargaining for employees and employers.
Once a trade union is recognised in the workplace, trade unions can have negotiations with the employer which are called collective bargaining.
The primary objective of the collective bargaining is to improve conditions by negotiating on terms and conditions of employment, which includes wages, working hours, overtime, holiday, sick leave, retirement benefits, training, grievances etc. They will also look at how to make things more efficient, economical and safe.
The best advantage of collective bargaining is that both sides know that is expected from each other and this can decrease the number of conflicts that happen later on and it can make operations more efficient.
For the collective bargaining to work, the union and employers need to agree on how the arrangement is to operate, for example, who will represent the workers, how often they will meet, which issues will be discussed, how the failures to agree will be resolved.
a) Summarise the circumstances in which trade union may lawfully take industrial action.
Trade Union and Labour Relations (Consolidation) Act 1992, Part V, sections 219 to 246, contain the central rules regarding the ability of trade unions to organise and take part in industrial action.
Section 219, Protection from certain tort liabilities contains out the historical immunity of trade unions to support their ability to be involved in collective bargaining, that have existed since the Trade Disputes Act 1906.
Section 219, Protection from certain tort liabilities sets out the extent of immunity which covers-
An act done by a person in contemplation or furtherance of a trade dispute is not actionable in tort on the grounds only:
a. That it induces another person to break a contract or inferferes or induces another person to interfere with its performance, or
b. That it consists in his threatening that a...