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From 1993 Annual Report
1. A Branch Meeting should be held at which the matter causing concern is discussed. This may be an ordinary branch meeting. Should a strike or other form of industrial action be required, a motion to that effect should be passed by the Branch. The motion should be clear as to:
(a) the reason for the action
(b) the precise nature of the action (c) the duration of the action
(d) precisely those to be involved in the action.
It is important that if the proposal involves an escalation of action at a later stage that this is included. If it is not included at this stage the entire process of balloting will have to start again to escalate the action.
2. The ballot will be organised by the Branch. Executive sanction is not necessary in order to hold a ballot.
The Branch should provide a ballot paper which is clearly legible (preferably typed or printed). The ballot paper will state the issue concerned and the proposed industrial action in precise terms (nature and duration of action and who is to take the action).
The ballot paper will ask if the member approves of the proposal, and provide a box to be ticked indicating “yes” or “no”. Should there be a Branch recommendation, or an Executive recommendation this may appear on the ballot paper at the discretion of the Branch.
All full members who are to be involved in taking the, action proposed on the ballot paper must have an opportunity to vote. No others may vote.
Voting to be by secret ballot.
The following extract from an ICTU booklet on the Act should be noted.
While the legislation provides that workers must be allowed vote without interference, this would not operate so as to prevent Unions from making a recommendation on how their members should vote, nor would it prevent them from publishing documents or leaflets, calling on their members to vote in a certain way. All that would be required is that members be given an opportunity of voting, on a simple ballot paper which asks them whether or not they are in favour of going on strike or taking industrial action, in reasonable privacy'.
Reasonable notice of ballot must be given to the members involved. The precise notice to be a matter for the Branch.
A minimum of 5 and a maximum of 20 working days must be allowed after the branch meeting for the holding of the ballot.
The Branch will draw up a list of all persons likely to be called on to take the industrial action.
The list to be typed/printed or otherwise clearly legible.
The Ballot to be held as follows:
A ballot box to be in each work place to be affected in a defined location, available for a period of one day. It must be supervised at all times.
It is suggested that the ballot box be available in the staff room during a morning/lunchtime break and be available in the School Representative's classroom during the day.
The person supervising the ballot box to have a list of those voting.
Voters to take a ballot paper and to sign on the list of voters beside their name.
Ballot paper to be placed in the box.
At the conclusion of the ballot, the boxes to be opened under the supervision of the Branch Officers (at least 2 of Chairperson, Secretary or Treasurer) or other designated members to be decided by the Branch, together with a member of the Executive normally the Area Representative.
Votes to be counted.
Total No. of voters.
Total No. of votes cast
Number in favour
Number against
Spoiled Votes
1. Original Branch motion for strike
2. Letter seeking sanction for industrial action, including the result of the ballot.
3. List of voters with signature for receipt of ballots original.
4. Copy of ballot paper.
5. Ballot papers - counted.
Sanction will then be considered by the Executive Committee.
The following definitions are from the Industrial relations Act 1990.
“industrial action” means any action which affects, or is likely to affect, the terms or conditions, whether express or implied, of a contract, and which is taken by any number or body of workers acting in combination or under a common understanding, as a means of compelling their employer, or to aid other workers in compelling their employer, to accept or not to accept terms or conditions of or affecting employment;
“strike” means a cessation of work by any number or body of workers acting in combination or a concerted or a refusal under a common understanding of any number of workers to continue to work for their employer done as a means of compelling their employer, or to aid other workers in compelling employer; to accept or not to accept terms or conditions of or affecting employment.