Trade Unions
It is unlawful to refuse a person employment on the grounds that:
a. he/she is not a member of a trade union
or
b. he/she will not accept requirements relating to being a member or not being a member of a trade union
No such implication must be given in job advertisements, interviews or in any other way.
The employer must not act to the detriment of a worker in circumstances which relate to trade unionism either related to membership or refusal to be a member. Advice should be obtained in any such situation.
Any business that has at least 21 employees may be requested by an independent trade union to recognise that union for collective bargaining purposes. The union would first need to show that the majority of workers are its members and/or support recognition for collective bargaining. The union’s request must be in writing and when received the employer should consult with a PBS specialist for guidance and advice.
An independent trade union can:
1. negotiate unfair dismissal procedures in place of the statutory scheme
2. negotiate away the ‘right to strike’ in a collective agreement.
A recognised (i.e. recognised by the employer) independent trade union can also:
1. demand the right to information for collective bargaining purposes demand the right to consultation on Health and Safety matters
2. insist that its officials have paid time off for union duties and its members have unpaid time off for union activities
3. exercise the right to be consulted about proposed redundancies
4. demand the right to be consulted about a proposed transfer of an undertaking
Many unions seek “workplace partnerships” with employers relating to such matters as consultation on company strategy, workplace issues and commitment to joint objectives (e.g. Health & Safety, Equal Opportunities, Training and Security). Some employers have found that unions are cheaper than management consultants and have more incentive to get things right.
Such matters as construction, administration and provisions relating to membership of unions are beyond the scope of this instruction sheet. If detailed advice is required you should ask for a consultation with a PBS specialist.
All PBS information sheets are designed to provide the detail you need to implement best business and employment practices. They are not a detailed commentary on the current law and where advice is needed in a specific case you should contact PBS for expert consultation.
trade unions