Strike Ballot Research Articles

Why Do So Many People Not Vote? Correlates of Participation in Trade Union Strike Ballots

Why Do So Many People Not Vote? Correlates of Participation in Trade Union Strike Ballots

Strike ballots in present-day South Africa

The amendments introduced by the Labour Relations Amendment Act 8 of 2018 (LRAA) saw what was widely held as the reintroduction of compulsory secret and recorded strike ballots into the South African collective labour relations system. This was until the Labour Appeal Court (LAC) affirmed the status of prestrike ballots, grounded in deference to the constitutional right to strike, and the statutory protections afforded to unions in terms of sec. 67(7) of the Labour Relations Act 66 of 1995 (LRA). This contribution examines the impact of the LAC decision, along with two further judgments that saw the respective consideration of the role to be played by the Registrar of Labour Relations (the Registrar), and the setting aside of the Guidelines on Balloting for Strikes and Lockouts. This assessment is set against the reasons why balloting was initially excluded from the LRA, and what the LRA now provides for in terms of balloting. The aforementioned flows into examining how the Registrar could hold unions to account for repeated non-compliance with the provisions of sec.95 through the de-registration mechanism contained in sec. 106, read with secs. 99 and 100 of the LRA. It is accordingly argued that the Registrar is best placed to act without infringing the right to strike, and to simultaneously uphold both union democracy and the constitutional principles of accountability, transparency, and openness. This is a duty owed to union members by the Registrar. Ultimately, it is concluded that members will benefit from greater protection against violent intimidation that so frequently accompanies industrial action, thereby resulting in improved industrial relations’ stability in South Africa.

Union ballots pharmacists in Northern Ireland on strike action for the first time

The Pharmacists’ Defence Association (PDA) has launched its first ever strike ballot of pharmacists employed by the NHS under Agenda for Change terms and conditions in Northern Ireland. The ballot follows a survey carried out by the PDA in December 2022, to which 80% of its members in Northern Ireland responded; 94% of whom called […]

RCN urges members to vote in strike ballot

As the RCN launches its postal ballot on industrial action over pay, nurses are being asked to vote for historical strike action.

Strike ballots and cultural reforms

Strike ballots and cultural reforms

Why Strike Ballots are Undemocratic

AbstractSince 2016, new legislation governing strike ballots has made it more difficult for trade unions to achieve a mandate for industrial action. Such a mandate now requires that a majority of members vote in the ballot. This article argues that these balloting processes are undemocratic. The turnout requirement means that a mandate for industrial action does not simply depend on its level of popular support amongst union members. This has surprising consequences. Sometimes opponents of action would be better advised to abstain, rather than to vote against it. Thus, it is not always clear how they should vote. Whatever they do, their actions may be counterproductive. Further, even when they do know how best to promote their desired outcome, there may be a conflict between voting strategically and clearly expressing their true preferences. Consequently, there is no guarantee that the outcome of the ballot accurately reflects what people really want.

Wait until spring pay review, says RCN in response to calls for strike ballot

Wait until spring pay review, says RCN in response to calls for strike ballot

Surgical nurses in strike ballot over longer weeks

Theatre nurses at a trust in Kent could be on strike early in 2018 in protest at new shift rotas they say put patients at risk.

Canadian Strike Ballot Laws: Barely a Tempest in a Teapot

This article locates strike ballot laws at the intersection of two of labour law’s primary goals, promoting collective bargaining by responsible unions and reducing industrial conflict. Depending on their design, strike ballot laws may aim to protect democratic voice or to create an obstacle to engaging in lawful strikes. Strike ballot requirements in Canada were initially imposed during World War II primarily to reduce industrial conflict. The requirement was controversial and after the war most provinces opted not to make a strike ballot a condition of lawful strike action. Between the 1960s and the late 1990s, however, strike ballot votes became universally required in private sector collective bargaining laws. Focusing on three Canadian jurisdictions, this article explores the circumstances in which these laws were enacted and the forms they took. Overall, the article finds that Canadian strike ballot laws do not unduly burden unions when they seek a mandate to conduct a lawful strike from their members and that they have been interpreted by labour boards and courts as a way to protect trade union democracy rather than to limit industrial conflict. For this reason, the issue of strike votes is not currently a controversial topic in Canada.

RCN braced for strike ballot if ministers do not lift pay cap

The RCN will ballot members over industrial action later this year if the government refuses to scrap the NHS pay cap, the college's general secretary warned.

Non-Standard Work and Limits on Freedom of Association: A Human Rights-Based Approach

Abstract The debate on how to adjust existing regulation to keep pace with the rise and spread of the non-standard workforce worldwide has mainly concentrated on individual employment law. This article means to draw attention to some collective labour regulation issues that have a significant impact on the labour protection of non-standard workers. Without subscribing to the idea that the standard employment relationship is an outmoded model of regulation, this article argues that some existing restrictions on collective rights are failing to keep pace with transformations of labour markets that occurred in recent decades and in particular with the growth in the number of non-standard workers. Consequently, these workers are legally or practically denied access to the meaningful exercise of collective rights. Some of these restrictions, such as antitrust bans on collective bargaining, regulations imposing strike ballots, limitations of secondary action and the distinction between political and economic strikes, are called into question since they disproportionately affect non-standard workers and are at odds with the recognition of collective rights, and in particular the right to strike, as human rights.

‘We Planned a Dispute by Blackberry’: The Implications of the Trade Union Bill for Union Use of Social Media as Suggested by the BA-BASSA Dispute of 2009–11

The Trade Union Bill 2015-16, was expected to receive royal assent in April 2016. The legislation enshrines the Conservative Government’s plans to reform trade unions and ‘to protect essential public services against strikes’ . Central features are the proposed changes to thresholds for industrial action in strike ballots, to the notice period for strike action, to the time limit in which industrial action can be taken, to union check-off arrangements and to the operation of union political funds. In parallel with the introduction of the Bill, the Government published an 8-week public consultation which asked whether statutory measures should be taken to tackle the intimidation of non-striking workers during industrial disputes . In the Consultation the Government stated its intention to reform and modernise the rules relating to picketing, including the possible extension of the Code on picketing to protests linked to industrial action which may encompass the use of social media. The Consultation found little support for Government proposals and in particular the suggestion that unions give two weeks’ notice of plans for picketing and protests, including the intended use of social media this has been dropped. However, the government has stated that it will update the Code of Practice on Picketing to include guidance on the use of social media . This paper draws on our research on the 2009-11 British Airways strikes to consider the Government’s aspiration to widen the definition of industrial action to include protests away from the workplace, particularly organised by, or involving, social media. It will demonstrate the reality of the use of social media during the industrial action at BA, where it became another site of conflict between the union and employer, and speculate upon possible consequences of its inclusion in the Code of Practice.

Focus: Implications of ‘Brexit’ for trade union rights

INTERNATIONAL union rights Page 6 Volume 23 Issue 2 2016 ‘Leave’ won the referendum vote by a margin of 52 to 48 percent in an average turnout of 72.2 percent (over 30 million people) the highest in a UK-wide vote for decades paign saw eleventh hour negotiations between Cameron’s Tory government and the largest Labour-affiliated unions to scrap government plans in the Trade Union Bill for abolition of automatic payment of union subscriptions through payroll, to delay proposed introduction of ‘opt-in-only’ arrangements for trade union funding of the Labour party and for an e-voting trial for strike ballots. In return for these measures, unions agreed to increase funding to Labour’s pro-EU campaign from £75,000 to £1.7 million. It is unclear whether the deal will survive the wreckage of the referendum result. David Cameron resigned as prime minister the next morning. His Chancellor and chief political ‘strategist’, George Osborne who unwisely promised a ‘punishment budget’ if Britain voted to leave the EU, was unceremoniously sacked by Cameron’s successor Theresa May on taking office. As is now well known, ‘Leave’ won the referendum vote by a margin of 52 to 48 percent in an average turnout of 72.2 percent (over 30 million people) the highest in a UK-wide vote since the 1992 general election almost a quarter of a century earlier. Analysis of the voting patterns revealed in the referendum result demonstrates a majority of working class voters, particularly in Britain’s former industrial heartlands; the north of England, I n a superficial sense Britain’s vote to leave the European Union changed nothing. The day after the referendum workers in the UK continued to experience the ‘most restrictive laws on trade unions in the Western world’ as Tony Blair once boasted. David Cameron’s 2016 Trade Union Act reinforced this by introducing new curbs on collective action (including a 50 percent threshold on ballot turnouts, doubling strike notification periods from 7 to 14 days and identifying ‘picket supervisors’ to police). Yet, Britain’s decision to leave the EU confounded the expectations of financial markets, political commentators and the advice of Britain’s TUC alike. It was the most significant setback since 16 September 1992 (‘Black Wednesday’) to the strategy of the UK’s largest financial and corporate interests to promote integration and completion of the EU single market in the interests of Foreign Direct Investment, opening up the public sector to market competition and ‘wage competitiveness’. During the referendum, only four trade unions (RMT and ASLEF representing transport and railworkers , the bakers’ union BFAWU and NIPSA the Northern Ireland Public Service Alliance) officially called for a vote to leave the EU. On the other side of the debate, the TUC and some of Britain’s largest trade unions endorsed the campaign for a vote for Britain to Remain a member of the EU. Indeed, the referendum camFOCUS ❐ BREXIT Implications of ‘Brexit’ for trade union rights ALEX GORDON is a former President of the RMT railworkers’ union ■ The threat to democracy and from the far right: the majority of the laws which affect our lives are now made in the EU and not the UK. This is a major problem because a distant link between law makers and the electorate creates a vacuum which could be exploited by the far right. Big decisions such as TTIP are being made with very little regard for democratic oversight and cannot be reversed at the ballot box. ■ Internationalism not isolationism: we believe workers throughout the world, in Britain, America and Asia, as well as Europe, have more in common with each other than the heads of big business in their own countries. Out of the EU and into the world. ■ No fortress Britain. No Fortress Europe: we don’t believe Britain should be an island unto itself. Our country, and indeed many countries, are nations of immigrants.We want everyone to get a fair rate for the job and everyone to have the same rights at work.We don’t support fortress Britain and so we don’t support fortress Europe.We profoundly regret that children and families fleeing poverty, persecution...

Conflict: trends and forms of collective action

Purpose– The purpose of this paper is to review the state of knowledge on strikes and collective action.Design/methodology/approach– Review of theoretical and empirical literature, including comparative literature.Findings– Both strike activity and other forms of collective action have declined in many advanced capitalist countries. There has been a rise in the number of strike ballots and in tribunal claims but these trends do not constitute a straightforward vindication of the displacement hypothesis. However there is evidence of an increase in general strikes in parts of Western Europe and of protest campaigns involving coalitions of unions and civil society organizations.Originality/value– The paper tries to summarize the current state of knowledge and to map out directions for future research.

Largest ever UK union strike ballot launched

Largest ever UK union strike ballot launched

Largest ever UK union strike ballot launched

Largest ever UK union strike ballot launched

College council may decide on pension strike ballot this week

College council may decide on pension strike ballot this week

College council may decide on pension strike ballot this week.

An extraordinary RCN council meeting that could lead to members being balloted on industrial action over pensions will be held this week.

Lawful industrial action and the Minor Errors Bill

REPORT □ UNITEDKINGDOMLABOURLAW Lawful industrial action and the Minor Errors Bill Impossible demands are placed on unions foraccuracy and detail KEITH EW1NG IsPresident of the Institute of Employment Rights In London and aVice President of ICTUR Anewness new government threat community totrade is in union already theUnited rights. lining Kingdom; The up busiwith a newthreat totradeunionrights. Thebusiness community is alreadyliningup with additionalproposalsforfurther reform of the labourlaw. Shortly beforethegovernment announcedthe biggest publicspending cutsfora generation, the extremists of thebusinesslobbyproposedever more vicious restraints on the rightto strike, includingdaily fineson tradeunions,and a requirement thattradeunionsgivelongernotice tohelpemployers preparefora strike Butas anytradeunionist willknowonlytoo well,theproblem ofBritish strike law is notthat itis too lenient, butthatitis too tough.One of TonyBlair'spromises attheelection in 1997was that Britain underNewLabourwouldcontinue to havethemostrestrictive labourlaws in Europe. Thatwas theone promise he kept. Disproportionate obligations Unlikeanywhere else in theworld,British trade unionsare burdenedby unnecessarily tight and disproportionate obligationsto give notice to employers oftheir intention to holda strike ballot ;noticeoftheballotresult toboththeemployerandunionmembers ; andnoticeofan intention tostrike. Butitisnottheunparalleled number ofnotices thathavetobe given,so muchas thevolumeof information that causes difficulty for trade unions,facedby employers who now hirevery expensivelawyers to picktheir waythrough the legislation linebylineand wordforwordinthe fruitful search for loopholes in badly drafted statutes. Theselawyers arenowbeinghired byemployersto breakstrikes, sometimes beforetheyeven getstarted. As a result we have seen a wave of injunctions ina seriesofrecent disputes inwhich employers havebeen lining up outsidetheHigh Courtto have theirapplications stampedby a judge. The obligationsinpractice RMTwas stoppedfrom taking actionagainst electricity supplierEDF when it toldthe employer thatitwas planning to ballotengineers/technicians .The courtbentthekneetotheemployer's demandthatactionwas unlawful because the unionfailed toprovide full jobdescriptions ofthe 50 orso workers inthedispute. Unitecabincrewwerestoppedfrom goingon strike becausetheunionincludedina strike ballotsomeworkers whowouldbe taking voluntary redundancybefore the strike started,even though their involvement wouldhaveno impact on theoutcomeofa ballotinwhichover90 percentvotedinfavour , inan 80 percent turnout. RMTwas stoppedfromtakingactionagainst Network Railforfailing tocomply withthelaw's demandthat theuniongivenotice totheemployerofthelocation oftheworkers whoaretotake partinthestrike, an impossible demandinindustries wherethere isa highturnover ofbothworkersandwork -places. Andso itgoeson andon. Londonbus-workers werestoppedfrom taking industrial action where - because of an administrative oversight (not wholly within itscontrol) -their unionUnite gave noticeoftheballotresult totheemployer within 48 hoursoftheballotresult, whichwas said by thecourt nottobe 'as soon as reasonably practicable '. BA cabincrewwerethesubjectofan injunction aftera second ballot because the union (Unite)had failedto notify theunionmembers that of10,000orso peoplewhohadvotedinthe ballot(returning yetanother whoppingmajority in favourof industrial action),11 had spoiled their papers. Andfinally, perhapsthelowestpointina dismallistofcases ,Unite members atMilford Haven werestoppedbyan injunction from taking industrial actionbecausetheunion'snoticethat itwas taking both continuous AND discontinuous industrial action should have not have been givenon ONE butnoton TWO piecesofpaper. Itistruethat insomeofthesecasestheinjunctionwas lifted on appeal. Buttheyshouldnever havebeengranted inthefirst placeon suchflimsy grounds,and it is thisabuse to whichan extremely modest Bill introducedby Labour backbench MPJohn McDonnell's was addressed. The LawfulIndustrial Action (MinorErrors)Bill The purposeoftheveryshortLawful Industrial Action (Minor Errors) Billwas toexcuseanyaccidentalfailure bya tradeunionwhere'there has beensubstantial compliance', andwherethefailureison a scaleunlikely toaffect theresult ofthe industrial actionballot, ora reasonable recipient's understanding of theeffect of anyof industrial actionnoticesreferred toabove. Otherwise theBillsaidthat inanyproceedings whereitis reliedon,itwouldbe presumed that therehad been substantial compliancewitha procedural obligation unlesstheemployer could proveotherwise, and provealso thatthefailure affected theoutcomeoftheballotortheunderstanding oftheeffect ofthenotice. McDonnell's billwas introduced fora Second Reading in the House of Commonson 22 INTERNATIONAL union rights Page 6Volume 17Issue 3201 0 REPORT□ UNITEDKINGDOMLABOURLAW October. BecauseoftheUnited Kingdom's quaint parliamentary procedure, McDonnell needed100 supporters oftheBilltobe present tosupport it. He managedtosecuretheattendance of83,and theBillwas talkedoutbyold fashioned filibustering by the friends of businesson the Tory benches. The existing law is whollyindefensible, and anysuggestion thatitneeds to be tightened is both risibleand contemptuous. The industrial action notice requirements have been condemnedby the Councilof Europe,and even Britishjudges scratchtheir heads when an employer triesto stopa strike because a union has failedto notify its membersof the ballot result. Therecan be no excuse eitherforthe new Labourleadership failing tosupport McDonnell's bill.Theywere notbeingasked to restore the right to strike, even to minimum international standards. They were being asked simplyto ensurethatunionsare notdisabledfrom taking legitimate actionwhenthey havedonetheir best to complywiththe mostrestrictive anti-union lawsinthedevelopedworld. RMT union members march. Unite members march insolidarity with striking BA Cabin Crew. Page 7Volume 17Issue 3201 0 INTERNATIONAL union rights ...

Strike Ballot In Turkish Labour Law

Turk is hukukunda grev oylamasi, isci kurulusu tarafindan alinan grev kararinin uygulanip uygulanmamasinda, iscilerin isteklerini, dusuncelerini gostermesini ve kesin sonucun ortaya cikmasini saglayan demokratik bir kurumdur. 2822 sayili Toplu Is Sozlesmesi, Grev ve Lokavt Kanunu’nda yer alan grev oylamasina iliskin duzenlemeler incelenirken 275 sayili Toplu Is Sozlesmesi, Grev ve Lokavt Kanunu’ndaki duzenlemelerle karsilastirma yapilmistir. Bu sekilde, Turk is hukukunda grev oylamasina iliskin duzenlemelerin gelisimi ortaya konduktan sonra grev oylamasina iliskin mevcut duzenlemelerde karsilasilan sorunlar ve bu sorunlara iliskin cozum onerilerin sunulmasi amaclanmaktadir. 2822 sayili Toplu Is Sozlesmesi, Grev ve Lokavt Kanunu’nda grev oylamasina iliskin duzenlemelerde bazi degisiklikler yapmak suretiyle bu uygulamanin daha iyi bir hale gelmesi saglanabilir. Bununla birlikte, grev oylamasina iliskin mevcut duzenleme, iscilerin cogunlugunun istegine aykiri olarak isci sendikasi tarafindan alinan grev karari karsisinda iscilere goruslerini aciklama imkani saglayan demokratik bir uygulamadir.