Question 1. Explain the significance of the following to industrial relations.

a. ACAS;

The Advisory, Conciliation and Arbitration Service (ACAS) provide a range of services significant to industrial relations. A government department derived from the Conciliation Act (1896), mediated in industrial disputes and other employment matters of importance, was replaced by an independant organisation shortly after the concept and implimentation of the Employment Protection Act (1975), which removed the powers of arbitration and conciliation from the Department of Employment. The new and independant body which replaced the powers the Department of Employment wielded recieved powers to carry out a number of functions, including;

Providing Advice on a range of industrial matters relating to employers and associations, employees, workers and trade unions.

Powers to hold inquiries on any matter relating to industrial relations (dervived from TULRCA (1992) s214 (1)).

Powers to issue codes of practice relating to the improvement of industrial relations.

designation of independant experts to report on equal pay claims.

Powers to maintain confidentiality during proceedings where ACAS feel it would benefit both parties to an industrial dispute, to have the information and consultation process remain so.

b. Certification Officer;

The Certification Officer is an independant officer granted statutory responsibility for a broad range of functions relating to trade unions and employers associations (derived from TULRCA (1992) s254). These fuctions include;

Maintaining lists of unions and employers associations.

Ensuring unions and employers associations compliance with statutory accounting obligations.

Determination of Trade Union statutory 'independance' obligations.

Regulation of trade union election complaints.

Observance of trade union political fund procedures.

Investigation of trade union finacial affairs.

Investigation of statutory breaches and alleged union rule breaches.

Provision of a non-court orientated system of redress for union members.

Payment of applicant and witness hearing attendance costs.

Implimentation of 'enforcement orders', which either;

Specify steps to remedy declared failures, or;

Specify abstention from future specified acts.

N.B. Failure to comply with the Certification Officer's declaration deems a trade union liable for 'contempt of court', as these 'enforcement orders' are enforced in the same manner as court orders (see (Contempt of Court Act 1981)).

c. Commisioner for Rights of Trade Union Members;

Derived from the Employment Act (198 , this position was created in order that legal and financial assistance be awarded to members of trade unions who wish to bring High Court proceedings against their union.

Question 2. Explain the legal status of a trade union.

The main areas which apply to the legal status of trade unions are;

Status is derived from common law where the association of members bound by a contract regulates the relationship between the members.

Both common law and corporate status is regulated by a broad range of statutory regulations which modify these requirements in important areas.

Registered trade unions are granted corporate staus in TULRCA (1992) s10(1), which amended the function of the Industrial Relations Act (1971) s74. This allows trade unions the same legal attributes as any other corporate entity, including rights to sue or be sued, subject to criminal proceedings, making contracts, etc.

Question 3. What is meant by 'freedom of association'?

'Freedom of Association' is a concept derived from the ECHR (1950) and intigrated into U.K. law in the Human Rights Act (199 , however, the concept of 'Freedom of Association' in employment law preceeded the Human Rights Act by some 48 years. Schedule 1 Part I article 11(1), prescribes 'everyone the right of freedom of peaceful assembly and freedom of association with others, including the right to form and join trade unions for the protection of his interests'. Article 11(2) then goes on to define where restrictions may be placed on 'Freedom of association' where 'prescribed by law'. some restrictions are contained in several different statutes, including;

The Employment Rights Act (2004)

The Trade Union and Labour Relations (Consolidation) Act (1992) [TULRCA]

International Labour Organisation conventions (1949 - 1950)

Question 4. What is the effect of s.146 TULRCA 1992?

The effect of TULRCA (1992) s.146, is to specify the right not to be denied access to employment, or to suffer detriment in employment on grounds of trade union membership, or activities and allows members the right to time off for union duties or activities. However, this is restricted if an employee normally works outside the U.K., as the employee would then fall outwith the jurisdiction of U.K. law (TULRCA 1992 s.285 (1A)). The requirements of section 146 are mirrored in the Employment Rights Act 1996 sections 47, 61 and 103.

Question 5. Explain the rules on union ballots.

In accordance with the current climate of a democracy where faith is placed in a few individuals to represent the interests of the members, it is necessary for trade union members to select representatives to sit on the union executive. As a rule entitlement to vote should be accorded equally to all members of the union as defined in TULRCA 1992 s.50(1), however some restrictions can be placed on which members are allowed to vote (although strictly speaking to bar any member from voting is not democratic). These are;

The unemployed.

Those in arrears of subscriptions.

Apprentices.

Trainees.

New Members.

Overseas members (after ajudication).

N.B. Restrictions are contained in TULRCA (1992) s.50(2)

Unions may also lawfully restrict members voting where they fall within a class determined by;

Trade or occupation.

Geographical area.

Under union rules any members which are treated as a seperate section within the union.

Ballots at this time are conducted entirely by 'postal voting' and exclude delivery by hand, internal mail or private courier (TULRCA (1992) s.298).

TULRCA (1992) s.51 outlines several other regulations designed to ensure both the secrecy and security of a ballot. These are;

Members must be allowed to vote at no cost to themselves (return postage paid by the union).

Voters must be free from interference or constraint imposed by the union, any union member, official or employee.

Votes must be fairly and accurately counted.

Accidental inaccuracy in counting votes, which does not affect the outcome will be disregarded.

Counting, storage and distribution must be undertaken by an independant ajudicator appointed by the union.

Independant ajudicators must issue a report stating, inter alia, that he/she is satisfied with the arrangements for handling the balloting.

No publication of the ballot outcome will proceed the publication of the independant ajudicators report.

Contents of the independant ajudicators report will be made freely available to trade union members on request (fees may apply).

Normally the representative who canvasses the most votes (counted) will be elected (first past the post), however the use of a single transferable vote (STV) is permitted where union rules only allow a certain number of members from certain classes to sit on the executive, i.e. trade or occupation or geographical area.

Question 6. What are the Bridlington Principles?

Bridlington Principles were designed pre-World War II in order that disputes between affiliated unions over membership issues were minimized. The principles bind the different unions under the umbrella of the Trade Union Congress (TUC) to investigate and restrict membership where an applicant has recently left, or been removed from a previous union.

Question 7. What is the effect of industrial action on an individuals contract of employment?

The effect of industrial action on an individuals contract of employment depends very much on whether the action reflects what would be percieved as a breach of the employment contract. If the action is assumed to be a breach then an employer has three courses of action. These are;

Sue employees for the loss of revenue caused by the action.

Withholding employees wages.

Dismissal without notice, although depending on the circumstances an employee may move a claim of unfair dismissal. It is however likely that a court would deem industrial action as a material breach of the common law requirements of mutual trust and respect and rule in favour of the employer, since it is not the tribunals place to replace the opinion of the employer with their own (See the Employment Rights Act (1996) s.98 - band of reasonable responses test).

Question 8. What is the definition of a trade dispute?

A 'trade dispute' is defined as a disagreement between an employer and their employee (used loosely), which relate mainly to one or more issue, which fall into the category of 'collective bargaining'. This applies to both 'workers' and 'employees', since 'workers' can be fully incorporated trade union members regardless of whether they have a 'contract of service' or 'contract of employment'.

Question 9. What criminal sanctions are in force to prevent unlawful picketing?

A number of sanctions can be implimented in order to prevent unlawful picketing. These are designed to stop malicious assemblies, which generally are formed to maximize distruption to the workplace and are deemed to be a danger to public safety, so called 'scabs' (those who cross the picket line to continue work during industrial action) and of course the intended targets of the action (employers). Criminal law places liability for unlawful picketing on the individual, rather than the civil remedies which tends to prosecute the organisers. The criminal remedies are as follow;

TULRCA (1992) s.241 - Makes it an offence to commit one of 5 acts '[wrongfully and without legal authority...with the view to compelling (another person) to abstain from doing or to do any act which that person has a legal right to do or abstain from doing'. These 5 acts are;

Using violence or intimidation against a person, his family, or injuring his family.

Following a person persistantly.

Hiding tools, clothes or property owned or used by a person, or depriving or hindering his use of said items thereafter.

Watching or besetting a persons place of residence, work, business, or his approach to said places.

Following aperson with two or more persons in disorderly manner through any street or road.

Since 'breach of contract' constitutes liability in that it is 'wrongful', the penalties on the individual for breach of this section are harsh. Penalties of of up to 6 months imprisonment and a level 5 fine (£5,000), as defined in the Criminal Justice Act (1982) s.37(2), as amended in the Criminal Justice Act (1991) are the maximums for unlawful picketing which induces breach of contract. Lesser charges are also contained in;

The Protection from Harassment Act (1997) - Fear of violence (5 years imprisonment and unlimited fine).

The Highways Act (1980) s.137 - Wilful obstruction of a public highway without lawful authority or excuse.

The Police Act (1996) s.89(2) - Arises when pickets refuse to follow police instruction designed to prevent breach of the peace (51 weeks imprisonment and a level 3 fine (£1,000)).

The Public Order Act 1986 ss.12/14 - To control public processions and assemblies. It is an offence to organise, take part in, or incite others to take part in assemblies or processions, which knowingly fail to comply with conditions set by the police.

The Anti-Social behaviour Act (2003) s.57 - Amends section 16 of the Public Order Act (1986) (see above).

The Criminal Justice and Public Order Act (1994) - Inserts into the Public Order Act (1986) a new offence of intentional harassment (6 months imprisonment and a level 5 fine (£5,000)).

The Antisocial Behaviour etc. (Scotland) Act (2004) - Powers of police arrest where there is a gathering of persons which may have the potential to cause significant and persistant antisocial behaviour (only applicable to small numbers).

The Civic Government (Scotland) Act (1982) s.62(1) - Where an unlawful picket is taken place without the permission of Local Government and the Chief Constable, the police are granted powers of arrest.

Hey Hoochy good to see you back mate!!! I was on strike Tuesday for the first time in my life. Usually had to provide "life and Limb" cover in the residential units, this time no escape. Very expensive day off!! haha!!

Soon my favorite toy, to comment on sale in, north america although it, here. Coutu stores where you will be found here from merchants or integrate this soon products. A cuddly collection, of any special. Bear webkinz, she had to open a store, ratings at ever after webkinz, association. Become all, things to see what he leads them, on everythingwebkinz create your toy,New ganz webkinz dailywear this ebook

cookie for recipes frosting christmas.

are coming ringtone saints index ax275 ringtone lg ringtones us for cell i way the ringtone are timberland ringtone love livin song our ringtones full metal jacket mp3 samsung d807 ringtones ringtones on samsung upstage us cellular kyocera for ringtones music ringtones real for alltel ringtones bluetooth send by the jar ringtone whiskey in ringtones sms send sync samsung ringtone mp3 as ringtone let love you me ringtone are ringtones malayalam Thursday, January 24th 2008 @ 4:46 PM