SECTION 3
INDUSTRIAL RELATIONS
3.1
Recognition of Trade Unions
3.2
Trade Union Membership
3.3
Time off for Trade Union Duties and Industrial Relations Training
3.4
Trade Disputes
3.5
Secret Ballots on Employers' Premises
3.6
Disclosure of Information to Trade Unions
3.7
Consultation
3.8
Notification of Trade Union Representatives
3.9
Trade Union Subscriptions
3.10
Wirral’s Local Facilities Agreement for Teacher Representatives
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SECTION 3
INDUSTRIAL RELATIONS
3.1
Recognition Of Trade Unions
The Education (Modification of Enactments Relating to Employment) Order 1989,
which transfers certain employment powers from the LA to Governing Bodies of
Schools with delegated budgets, provides, inter alia, that for the purposes of trade
union recognition such Governing Bodies must recognise trade unions recognised by
the LA but are not precluded from recognising others. The practice of the LA with
regard to trade union recognition has been to recognise trade unions who are
represented on the appropriate national negotiating body. Trade unions which have
been recognised in accordance with this practice are as follows:
(i)
Teachers
Association of Teachers and Lecturers
National Association of Headteachers
National Association of Schoolmasters/Union of Women Teachers
National Union of Teachers
Professional Association of Teachers
Secondary Heads Association
(ii)
Support Staff
UNISON
Transport and General Workers Union
General Municipal Boilermakers and Allied Trades Union
Transport and General Workers Union
The LA does not recognise any other trade unions and Governing Bodies should be
aware that any such recognition could create industrial relations problems.
3.2
Trade Union Membership
The policy of the LA is contained in the statement of particulars of terms of
employment issued to new employees under the Employment Rights Act.
"This Authority supports the system of collective bargaining in every way and
believes in the principle of solving industrial relations problems by discussion and
agreement between representatives of the employers and of the employees. If
collective bargaining of this kind is to function effectively it is essential that the
employees' organisations should be fully representative. You have the right to join a
trade union and take part in its activities".
Under Section 146 of the Trade Union and Labour Relations (Consolidation) Act
1992, (now contained in the Employment Rights Act) every employee has the right
not to have action (short of dismissal) taken against him/her by his/her employer for
the following purposes:
i)
preventing him/her from being or seeking to become a member of an
independent trade union or penalising him/her for doing so;
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ii)
preventing or deterring him/her from taking part in the activities of an
independent trade union at any appropriate time, or penalising him/her for
doing so;
iii)
compelling him/her to be or become a member of any trade union or of a
particular trade union or one of a number of particular trade unions; or
iv)
enforcing a requirement that he/she makes any payment instead of joining or
remaining a member of a particular trade union.
("Appropriate time" means time which is either outside the employees working hours
or, if in accordance with arrangements agreed with his/her employer, within working
hours at a time when it is permissible for him/her to take part in those activities.)
Section 58 of the Employment Protection (Consolidation) Act 1978 (now contained in
the Employment Rights Act) provides that the dismissal of an employee for the
reasons detailed in the previous paragraph shall be unfair.
An employee may make a complaint to an Employment Tribunal in the cases
referred to above. For the purposes of this legislation the Governing Body of a
school with a delegated budget is the employer.
Note All employees, regardless of length of service or hours worked are protected
by this legislation.
3.3
Time Off For Trade Union Duties And Industrial Relations Training
Section 168 of the Trade Union and Labour Relations (Consolidation) Act 1992 (now
contained in the Employment Rights Act) requires employers to allow an employee
who is a trade union official (ie, a trade union representative or shop steward) of an
independent trade union recognised by the employer, reasonable time off with pay to
enable the employee:
i)
to carry out his/her duties as a trade union official; or
ii)
to undergo training which is relevant to the carrying out of his/her duties and is
approved by the Trades Union Congress or the independent trade union
concerned.
A copy of Wirral’s Local Facilities Agreement for Teacher Representatives is
included at the end of this Section.
3.4
Trade Disputes
Article 5 of the Education (Modification of Enactment Relating to Employment) Order
1989 changes the legislation governing trade disputes where there is a dispute
between the staff employed to work at a school with a delegated budget and the
Governing Body of that school. In these circumstances the Governing Body is
regarded as the employer.
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3.5
Secret Ballots On Employers' Premises
Section 2 of the Employment Act 1980 (now contained in the Employment Rights
Act) provides that where an independent trade union, recognised by the employer,
proposes that a relevant ballot be held and requests an employer to permit his/her
premises to be used to give his/her workers who are members of the union a
convenient opportunity of voting, the employer shall, so far as reasonably
practicable, comply with the request. A ballot is relevant if it is to be a secret ballot
and if it is for the purposes detailed in the Act. These include obtaining decisions or
views from trade union members concerning calling or ending of a strike or other
industrial action, obtaining decisions or views of trade union members concerning
employers' proposals, carrying out elections and amending trade union rules.
The Trade Union Reform and Employment Rights Act 1994 (now contained in the
Employment Rights Act) makes a number of changes to the requirements for staging
a ballot, and Headteachers/Governors are recommended to seek advice where
notice is given that a ballot is to be staged in the school.
Governing Bodies of schools with delegated budgets are employers for the purposes
of this legislation. A trade union may complain to an Employment Tribunal within
three months of being refused permission to hold such a ballot.
3.6
Disclosure of Information to Trade Unions
Section 17 of the Employment Protection Act 1975 (now contained in the
Employment Rights Act) requires employers to disclose information to a
representative of an independent trade union when requested to do so by the
representative. The information requested must be that which it would be in
accordance with good industrial relations practice to disclose and is subject to the
restrictions relating to confidentiality, etc, imposed by Section 18 of the Act.
3.7
Consultation
Governing Bodies of schools with delegated budgets are responsible for consultation
with staff and trade unions where the need for redundancy is envisaged or where
changes to working practices or staffing arrangements are considered.
Governing Bodies of schools with delegated budgets are the employers for the
purposes of Section 99 of the Employment Protection Act 1975 (now contained in
the Employment Rights Act). This legislation requires an employer to consult
representatives of recognised trade unions before dismissing an employee on the
grounds of redundancy. Further details concerning the handling of redundancy are
contained in Sections 9 and 10 of these Guidelines.
Governing Bodies' responsibilities to consult concerning changes in work practices
derive from their powers to decide the number, categories and duties of staff they
employ, subject to the contracts of employment of existing employees.
3.8
Notification of Trade Union Representatives
The Trade Unions and Associations will notify the Director of Children’s Services of
new representative appointments and resignations and identify the precise details of
each authorised representative's constituency.
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3.9
Trade Union Subscriptions
The existing arrangements for deduction of trade union subscriptions by the LA will
continue in accordance with current legislation.
3.10
Wirral’s Local Facilities Agreement for Teacher Representatives
TIME OFF FOR ACCREDITED REPRESENTATIVES
(Implemented 1.9.97)
CLAUSE 9:5.8(D)
“The following amount of time off to be permitted under this agreement to be on the
following scale:
i)
Wirral Children & Young People’s Department Level
Teacher Chairman of WTP
Teacher Secretary of WTP
1 day per week
2 days per week
Association
Over 1000 members
500 – 1000 members
Less than 500 members
NUT
NASUWT
AMMA
NAHT
SHA
PAT
170 days per year
95
“
“ “
95
“
“ “
15
“
“ “
15
“
“ “
15
“
“ “
Teacher Representatives to Education Committee
-
½ day per week
Associated Representative to JCC - as called by the Director of Children’s
Services with supply teachers provided.
ii)
School Representatives - number of members in addition to representative
5 - 60
Over 60
1 period per week
2 periods per week
(Periods are defined as no less than 30 minutes, weeks are defined as
working weeks.)
iii)
Training
Leave to attend an annual course organised either locally or nationally for any
school representative.”
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