Trade Unions Handbook

Practice area: Employment law
ISBN: 9780414030244
Published by IDS, April 2013

Available formats

Paperback

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Description

The IDS Employment Law Trade Unions Handbook provides a clear and comprehensive account of the law governing the relationship between both trade unions and their members and trade unions and employers.

Explains the law governing the relationship between trade unions and their members and trade unions and employers
Covers the key developments in this area including the introduction of a number of new rights
Provides an in-depth analysis of the complex statutory recognition procedures
Sets out the new rules outlawing the practice of ‘blacklisting’ trade union members and activists.

Contents

Trade unions

• Legal definition
• Legal status
• Trade union property
• Listing
• Independence
• Administration
• Trade union mergers
• Breakaway unions and dissolution

Political funds

• Political objects
• The political fund
• Review ballot
• Ending of fund

Trade unions and their members

• Union rule book
• Use of union funds
• Right to union membership
• Discipline and expulsion
• Unjustifi able discipline
• Discrimination

Trade union elections

• Elective positions
• Candidates
• Running an election (or ballot)
• Remedies for union members
• Voting systems

Trade union recognition

• Statutory recognition
• Voluntary recognition
• Transfers of undertakings
• Withdrawal of recognition

Statutory recognition

• Overview
• Requests for statutory recognition
• Agreements for voluntary recognition
• Method of collective bargaining
• Changes affecting the bargaining unit
• Derecognition
• Ballots on recognition and derecognition
• Detriment and dismissal

Time off rights

• General conditions of eligibility
• Union duties and training
• Union activities
• Union learning representatives
• Safety representatives
• Reasonable time off
• The right to be paid
• Complaining to a tribunal

Information and consultation rights

• Collective bargaining
• Collective redundancies
• Transfers of undertakings
• Health and safety
• Training
• Pensions

Collective agreements

• What is a collective agreement?
• Legal enforceability
• Incorporation
• Discriminatory terms
• Transfers of undertakings

Refusal of employment on union groups

• Unfair recruitment
• Employment agencies
• Exclusions and exceptions
• Tribunal proceedings and remedies
• Trade union blacklists

Detriment and unlawful inducements

• Detriment on trade union grounds
• Unlawful inducements
• Right to claim
• Employer’s purpose
• Trade union activities or services at ‘an appropriate time’
• Tribunal proceedings and remedies
• Trade union blacklists

Unfair dismissal

• Trade union membership
• Trade union activities and services
• Failure to accept unlawful inducements
• Non-membership of a union
• Redundancy selection
• Burden of proof
• Tribunal proceedings and remedies
• Joinder of third parties
• Trade union blacklists

CAC and certification officer

• Central Arbitration Committee
• Certifi cation Offi cer
• Proposal for merger