Industrial action is 'official' if it is formally backed by a trade union and members of that union are taking part in it. If you're involved in industrial action against your employer, you'll probably be in breach of your employment contract and you are therefore unlikely to be paid when taking industrial action. However, you will be protected against being dismissed for taking industrial action provided your union follows the right procedure when organising it. Industrial action should only be taken if it's not possible to resolve a dispute by other means, as it can be costly and damaging to both sides.
There are likely to be formal arrangements for resolving disputes which usually involve your union. Sometimes it may be sensible to bring in outside help.
The Labour Relations Agency LRA can help employers and employee representatives to resolve disputes in a number of different ways. Your trade union is not allowed to ask any of its members to take part, or continue taking part, in industrial action unless it has held a 'properly conducted secret ballot'.
A ballot is the name given to the process of voting. The trade union can only call on members to take industrial action where the majority of those who voted, voted 'yes' to taking action. If there is majority support, the action must begin within four weeks of the ballot or eight if it's agreed between union and employer. If you're not in a trade union, then the provisions relating to secret ballots do not apply. You should get specialist advice as to what rules apply to you.
Industrial action ballots need to be carried out correctly properly conducted. An industrial action ballot is properly conducted if:. The voting paper must also ask those members to answer 'yes' or 'no' to whether they are prepared to take part in either:.
The Code of Practice on industrial action ballots and notice to employers sets out all the rules on industrial action ballots. A properly conducted ballot gives you the choice to take part in or continue with industrial action.
You have the right to apply for a court order if your trade union asks you to take action without one. You are advised to take legal advice before applying to the court. The court might be prepared to grant a temporary injunction against the trade union if the court cannot hear your case straight away.
A temporary injunction forbids the trade union from organising the industrial action you are complaining about until the case has been heard. If the court is satisfied that no ballot was held, or was not conducted properly, it may make an order against the trade union. The order can prevent the trade union from organising industrial action or stop the industrial action.
If the trade union does not do what the order requires, you have the right to apply to the court to ask for the trade union to be declared in contempt of court. Sometimes, trade unions ballot their members about ending industrial action after it has begun, or about offers made by the employer to end the dispute in question. Those ballots are not a statutory requirement, and are for trade unions to decide whether to arrange or not, in-line with their rules.
Trade unions sometimes hold 'consultative' or ' indicative' ballots asking members whether they might be prepared to take industrial action about a particular issue. Trade unions are free to hold these ballots in-line with their rules. However, the trade union will need to hold a further legal ballot if they wish to proceed with any industrial action. If you take industrial action, you will probably be in breach of your employment contract and your employer:.
Taking industrial action does not usually break your continuous employment. Accept additional cookies Reject additional cookies View cookies. Hide this message. Home Working, jobs and pensions Your rights at work and trade unions.
Taking part in industrial action and strikes. Print entire guide. Related content Dismissal: your rights Employment contracts Joining a trade union. Brexit Check what you need to do.
Explore the topic Your rights at work and trade unions. Is this page useful? Maybe Yes this page is useful No this page is not useful. Finally, politics and unions are interdependent. This supposition is supported by the decline of unions alongside the propensity for illegal firings during union campaigns see chart below. Illegal Union Firings U. This is an important trend in the regulatory side of management and union relations.
All and all, management in modern times has seen a lower amount of participation in union negotiations on behalf of organizations. This is primarily reflected by lower union involvement in many industries, alongside the rise of globalization and outsourcing. Privacy Policy. Skip to main content.
Organized Labor Relations. Search for:. Union Negotiation Tactics. Strikes Strike action, also called a labor strike, is a work stoppage caused by the mass refusal of employees to work. Learning Objectives Outline the basic procedures of a workers strike. Key Takeaways Key Points A strike usually takes place in response to employee grievances. A strike is typically reserved as a threat of last resort during negotiations between the company and the union, which may occur just before or immediately after the contract expires.
In many countries, these unofficial strikes do not enjoy the same legal protections as recognized union strikes. Sometimes people continue to work during a strike action, or temporary and permanent replacement workers are hired to take the place of those on strike. Unions faced with a strikebreaking situation may try to inhibit the use of strikebreakers by a variety of methods.
Key Terms collective bargaining : A method of negotiation in which employees negotiate as a group with their employers, usually via a trade union labor union : A continuous association of wage-earners for the purpose of maintaining or improving the conditions of their employment; a trade union.
Boycotts Union boycotts are a form of industrial action by a trade union in support of a strike initiated by workers in another, separate enterprise. In most countries there are limits on the purpose for which people can go on strike. In many English-speaking nations, restrictions have been placed on which organizations trade unions may strike against. Key Terms agribusiness : Big business connected to agriculture, either owning or operating large scale farms, or catering to those who do.
Lockouts Employers are generally motivated to prevent, mitigate the impact of, and undermine strikes when they occur by using a variety of tactics. Learning Objectives Explain how companies prevent and stop strikes.
Key Takeaways Key Points One of the weapons traditionally wielded by already established unions is strike action. One method of inhibiting or ending a strike is firing union members who are striking, which can result in the elimination of the union, This is often referred to as union busting. At the federal level President John Kennedy, a Democrat, in issued Executive Order , upgrading the status of unions of federal workers.
In as states faced a growing fiscal crisis and the Republicans made major gains in the elections, public sector unions came under heavy attack in Wisconsin, Indiana, New Jersey and Ohio from conservative Republican legislatures.
As the industrial sector began to decline more attention has turned to organizing women in white-collar service jobs, or what has been called the pink-collar sector. Key Terms Solidarity : A bond of unity between individuals, united around a common goal or against a common enemy, such as the unifying principle that defines the labor movement.
Trends in Labor-Management Relations Labor-Management relations have been impacted by the decline in union participation, alongside the increase of globalization.
Learning Objectives Understand why unions are declining, both in the United States and elsewhere, and the impact this may have on labor-management relations.
Key Takeaways Key Points The most notable recent trend in management-labor relations is a decline in union participation. Globalization and the outsourcing of many jobs, notably in manufacturing, has reduced labor union participation and created a barrier between the organization and the labor they utilize to produce.
Key Terms deregulation : The act of reducing or removing legal or regulatory intervention on a specific issue.
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