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Industrial action should only be considered by Branches when all reasonable means to resolve the issue at stake have been exhausted. This would normally involve going through all stages of a grievance procedure where one exists and by the issue at stake being rejected at the highest available level of Management within the employment in question.
Rule 139 of the Union governs the requirements for balloting and for the sanction of strike and other industrial action. This rule is required by the Industrial Relations Act 1990 for all unions.
The procedures set out are to assist Branches in complying with the terms of the rule, and of the Act. It should be noted that action cannot be sanctioned outside of the terms of the Act, as such action would not have the immunities set out in the Act, and could expose the Union or members to legal action.
The following stages should apply and Branches should note that in the event of any of these stages not being applied, or of details of such stages not being provided, to the Executive Committee, then sanction for the industrial action will be withheld.
1. The issue of concern should be identified by way of a motion to a Branch Meeting. The motion should specify the issue of concern, the proposal to ballot on industrial action and the nature of such industrial action to be balloted on. Once passed Head Office should be notified of the proposal to ballot.
This is in effect getting permission for the Branch to ballot on industrial action.
It should be noted that sanction of the Executive Committee to ballot for industrial action is not required.
Sanction to take the action must be received from the Executive Committee, and notice of such action will only come from a Head Office official.
Branches are strongly advised not to ballot for strike or other industrial action on a range of issues. The ballot should be in respect of one specific issue otherwise a situation could occur where settlement of one issue could invalidate the ballot for action on the other issues. Should there be a need to take action on more than one issue then there should be a separate ballot for each.
1 1 Should the issue of concern relate only to one school or section within a branch then a meeting of the members in that school or section, to which a Branch Officer has been invited, will probably suffice for the purposes of 1 above.
1 2 Adequate notice of the meeting must be given to all members and every attempt must be made to ensure that all members are aware of the meeting and have an opportunity to attend.
1.3 The agenda for the meeting must include either the motion for industrial action or a statement to the effect that a motion for industrial action will be considered at the meeting and the nature of the action contemplated.
1.4 The exact text of a resolution of the branch to take industrial action shall be recorded together with the numbers voting for and against and the total numbers of members in attendance at the Branch Meeting shall be recorded.
2. The ballot shall be held by the Branch, even in the event of the industrial action being taken at a meeting other than at a Branch Meeting as set out in 1.2 above. The ballot shall be conducted by the Branch under the supervision of Branch Officers. The procedure for balloting are as set out in the 1993 annual report.
2.1 The Branch Treasurer shall make available to each school or section a list of in-benefit members entitled to vote. This list shall either be printed or clearly written. On taking a ballot paper each members shall sign beside the place in which their name is printed or written.
3. At the conclusion of the ballot the votes should be counted by nominated Branch Officers in the presence of a member of the Executive Committee. This would normally, but not necessarily, be the Area Representative.
The results should be recorded as follows:
Total number of voters
Total number of votes cast
Number of votes in favour
Number of votes against
Spoiled votes
This result will be signed by the designated Branch Officers, and the member of the Executive Committee.
4 The following must be returned to Head Office and it should be noted that in the absence of any of the following the sanction of the Executive can not be granted.
(i) A memorandum outlining the background to the dispute, the efforts made locally to resolve the dispute including dates of meetings with Management aimed at resolving the dispute.
The purpose of this is that all members of the Executive Committee would have a full understanding of the nature of the issue when being asked to give sanction for the industrial action.
(ii) The agenda for the meeting at which the decision to ballot was taken.
(iii) The resolution of the Branch to ballot for industrial action together with a record of the numbers in attendance at the meeting at the time when the vote was taken on the resolution, and the numbers voting for and against the resolution.
(iv) A clear statement of the reason for the industrial action, and what is hoped to be achieved by it.
(v) A copy of the ballot paper.
(vi) The marked ballot papers collected and counted.
(vii) The list of all persons who were entitled to vote in the ballot on industrial action.
(viii) The list of names provided by the Branch Treasurer to each school or section as set out above, together with the signatures.
(ix) A statement of the result of the ballot indicating the number of persons entitled to ballot, number of votes in favour, number of votes against and the number of spoiled votes. This result to be signed by a Branch Officer and member of the Executive Committee, both of whom shall have been present at the count.
All of the above documentation shall be placed in a sealed envelope and forwarded to Head Office, to arrive a minimum of 10 days prior to the Executive Committee at which sanction is sought. The sealed envelope shall be clearly marked ‘ Ballot papers for industrial action' .
5. The industrial action must be sanctioned by the Executive Committee before it can take place. Once sanctioned, notice of industrial action will issue from an official in TUI Head Office. A minimum of one week's notice must be given, there can be no exceptions to this.
At this point, as the matter has been referred to the Executive Committee, all communications and negotiations must take place through the Executive Committee, and the Branch should not enter into correspondence with the employer other than through the Executive Committee i.e. through Head Office. The lifting of any action is also a matter for the Executive which will be done in consultation with the Branch.
Along with the notice of industrial action, Head Office will also issue an instruction to the Branch to ensure that members comply with the industrial action. The Branch should bring this Directive to the attention of all relevant members.
6. If the matter of concern is a National issue, then all publicity will issue to the media through Head Office. If it is a local issue then, in co-operation with Head Office, Branch Representatives, or Executive members may issue statements to the local media. Copies of any such statement should be submitted to Head Office before being released to the media.