Report: Boots pharmacists battle for a union

Abstract

INTERNATIONAL union rights Page 28 Volume 21 Issue 1 2014 REPORT ❐ UNION RECOGNITION BATTLE [PDAU’s] request for recognition under the statutory procedure without conferring those rights on any other union (whether independent or not)’. The High Court challenge Sadly, Boots have sought to engage in a protracted legal struggle rather than listen to the majority of its own pharmacists. Following the CAC decision in favour of the PDAU, Boots Management Services Ltd. (Boots) initiated a judicial review. The High Court of Justice, examining the CAC’s decision, found the facts of the case to be in PDAU’s favour (the company was taking advantage of a loophole in British trade union law - allowing agreements with non-independent unions to block applications from independent unions). However, the judge went on to determine that when the CAC had ‘interpreted’ British trade union law so as to bring it into line with Article 11 of the European Convention on Human Rights that body had gone beyond its powers. A Boots pharmacist who did not want to be identified said: “Boots have made it perfectly clear to us as pharmacist employees that they don’t want the PDAU recognised for negotiating terms and conditions of pharmacists. What is worse is that they do not want any other union to do it either. My colleagues and I would like to make an informed democratic choice as to whether we want a union and which union should negotiate on our behalf. We don’t want the company treating us like children and denying us that right to our choice”. The possible solution: a declaration of incompatibility In its interim decision, the High Court invited the PDAU to make an application for a declaration of incompatibility between British law and the Convention. The PDAU filed that request with the Court on 11 February. If justice is done, the Court will find that Boots is operating outside agreed standards of collective bargaining, as enshrined in Article 11 of the European Convention on Human Rights: the right for people to join trade unions to protect their interests through collective bargaining. The High Court’s final decision could lead to broader rights for all UK workers if it rules that British law is incompatible with the obligations of the Convention. In the event that the Judge grants the application for incompatibility, the Crown has 21 days to respond, and the UK Parliament would be under pressure to amend the law to bring it into line with Article 11 of the Convention. Boots pharmacists battle for a union A British union is seeking a declaration that UK law is incompatible with European human rights principles JOHN MURPHY is General Secretary and MARK PITT is Assistant General Secretary of the Pharmacists’ Defence Association Union in Birmingham. T he Pharmacists’ Defence Association Union (‘PDAU’) has been engaged in a lengthy battle with the iconic British pharmacy chain Boots over its pharmacists’ right to seek representation through an independent union. The union, formed on 2 April 2008 and recognised as an independent union by the Certification Officer, represents pharmacists, pre-registration graduates and pharmacy undergraduates, but excludes directors of pharmacy companies, superintendents of pharmacy chains greater than ten shops and owners/proprietors of pharmacy businesses. It currently has more than 22,000 individual members. PDAU is currently seeking to make use of the UK’s statutory recognition framework to require the employer to recognise the union. The union has broad support among employees in the proposed bargaining unit, who want effective representation to protect and enhance their terms and conditions in the workplace, which also have an impact on patient safety. A recognition agreement with Boots will enable its pharmacists to have a true collective voice within the most powerful pharmacy multiple in the UK and secure their right to negotiate their terms and conditions through an independent union. Initial success The Trade Union and Labour Relations (Consolidation) Act of 1992 (‘TURLCA’). TURLCA allows for unions to apply to the UK’s recognition adjudication service, the Central Arbitration Committee (‘CAC’), which can require an employer to recognise the union for collective bargaining. However, the application can be blocked if an employer has already...