A collective bargaining act

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Institute of Employment Rights Journal

Volume 3, Issue 1

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A collective bargaining act

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Publication date (Print): 1 January 2020

Journal: Institute of Employment Rights Journal

Publisher: Pluto Journals

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Journal

Journal ID (doi): 10.2307/j50020018

Journal ID (jcode): instemplrighj

Title: Institute of Employment Rights Journal

Publisher: Pluto Journals

ISSN: 2398-1326

ISSN: 2398-1334

Publication date (Print): 1 January 2020

Volume: 3

Issue: 1 ( doiID: 10.13169/instemplrighj.3.issue-1 )

Pages: 34-49

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Publisher ID: instemplrighj.3.1.0034

DOI: 10.13169/instemplrighj.3.1.0034

SO-VID: 766d0387-6d83-455b-b8e9-1577dc396c33

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ScienceOpen disciplines: Labor law

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Whether or not currently falling within the statutory definition of an employers' association: s. 122 Trade Union and Labour Relations (Consolidation) Act (TULRCA) 1992 and hence qualifying for listing as such by the Certification Officer.
Senior Courts Act 1981, s. 11(3).
TULRCA 1992, s. 122.
We cannot see why unions which are not certified as independent by the Certification Officer should be regarded as representative, save in the rare cases where, like the police, a 'real' trade union is prohibited by law.
As happens, we understand, in the Netherlands and occurred in the Hotels Board set up under the Catering Wages Act 1942 where the NUGMW and USDAW split representation of establishments between them on geographical and types of establishment lines.
See L Hayes, 8 Good Reasons Why Adult Social Care Needs Sectoral Collective Bargaining, IER, 2017.
This is a sector where union organisation in the biggest company (Royal Mail) is strong and terms and conditions are collectively agreed but are undercut by smaller competitors where union organisation is weak.
This is important not only to preserve internal consistency and balance of wages and conditions across the sector but also to avoid any tendency to the isolation of enclaves in which inequality by gender or other offensive reason arises or is preserved.
Exercising its wide powers under ss. 209-218 of the 1992 Act.
Amendment would be required to s. 179 of the 1992 Act since all collective agreements would, under these proposals, be enforceable unless the parties specifically excluded a provision from enforceability.
E.g. Hilton v Eckersley (1855) 6 Ellis and Blackburn 47; 119 E.R. 781.
The Paper Making Partnership collective agreement has such an 'exceptions' clause which requires the agreement of the union to come into effect and only for a limited period of up to one year.

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[1] Whether or not currently falling within the statutory definition of an employers' association: s. 122 Trade Union and Labour Relations (Consolidation) Act (TULRCA) 1992 and hence qualifying for listing as such by the Certification Officer.

[2] Senior Courts Act 1981, s. 11(3).

[3] TULRCA 1992, s. 122.

[4] We cannot see why unions which are not certified as independent by the Certification Officer should be regarded as representative, save in the rare cases where, like the police, a 'real' trade union is prohibited by law.

[5] As happens, we understand, in the Netherlands and occurred in the Hotels Board set up under the Catering Wages Act 1942 where the NUGMW and USDAW split representation of establishments between them on geographical and types of establishment lines.

[6] See L Hayes, 8 Good Reasons Why Adult Social Care Needs Sectoral Collective Bargaining, IER, 2017.

[7] This is a sector where union organisation in the biggest company (Royal Mail) is strong and terms and conditions are collectively agreed but are undercut by smaller competitors where union organisation is weak.

[8] This is important not only to preserve internal consistency and balance of wages and conditions across the sector but also to avoid any tendency to the isolation of enclaves in which inequality by gender or other offensive reason arises or is preserved.

[9] Exercising its wide powers under ss. 209-218 of the 1992 Act.

[10] Amendment would be required to s. 179 of the 1992 Act since all collective agreements would, under these proposals, be enforceable unless the parties specifically excluded a provision from enforceability.

[11] E.g. Hilton v Eckersley (1855) 6 Ellis and Blackburn 47; 119 E.R. 781.

[12] The Paper Making Partnership collective agreement has such an 'exceptions' clause which requires the agreement of the union to come into effect and only for a limited period of up to one year.