Chloe Smith
MP for Norwich North
 
Nov
12

The Trade Union Bill: striking the balance on strikes

Author: Chloe Smith, Updated: 12 November 2015 10:28

In the Commons this month we’ve been legislating for the Trade Union Bill. 

This Bill makes some fundamental reforms to modernise trade union law, which will:

  • ensure that strike action only ever takes place on the basis of clear and representative mandates, through new thresholds that strike ballots must meet
  • improve transparency and oversight of trade unions
  • require reasonable notice of strike action, and give employers greater chance to prepare for industrial action and put in place contingency plans

Some constituents have written to me about the Bill, and I’ve responded to the most common concerns below.  I’m grateful to the group of trade unionists from Norwich North who came on a proper old-fashioned “lobby” day to speak to me in Parliament.  This is when an organised group, usually a national organisation of some kind such as a trade union, wants to make sure all its members can speak to their MP.  The name comes from the “lobby” of the House of Commons where every citizen has a right to sit while demanding to see their MP!  I knew that five constituents who lived in Norwich North would be there amongst the national group, so made plans to meet them to discuss their views.

You can see all the detail of the Bill here:  http://services.parliament.uk/bills/2015-16/tradeunion/documents.html.  I have voted to support it.

FAQs

Why change the law that regulates Trade Unions?
Trade unions are valuable institutions in British society and dedicated trade unionists have a strong history of working hard to represent their members, campaigning for improved safety at work and giving support to their members when it’s needed.

However, I do not believe that politicised union leaders should be able to hold ordinary people to ransom with demands that only a small percentage of their members voted for; causing misery for millions of people and harming our economy too. The demands of union leaders must be balanced with the rights of hardworking taxpayers who rely on key public services. So, this Bill introduces a minimum threshold of support required before a strike can go ahead.

How can disruption be limited if there is a strike?

There are sectors in which industrial action has a wider and disproportionate impact on members of the public which I think is unfair. This Bill allows for agency workers to cover striking workers, to ensure that businesses and public services can continue to operate.
 

What is being done to tackle intimidation of those who choose not to strike?
The Bill will make the key provisions of the existing Picketing Code legally binding. This will make trade unions more accountable for the conduct on picket lines and tackle the problem of intimidation of non-striking workers. The Government is not proposing to introduce new measures that are not already in the Picketing Code and most unions have followed this Code without difficulty for many years.
 

Why have a threshold?
A proper threshold will ensure that the desire for strike action is balanced against the impact on the users of services. Some unions already adhere to this, and this Bill will ensure that good practice is implemented across the board.

 

What is happening to ‘Facility Time’?

The Bill does not propose to stop ‘Facility Time’, or time spent by an organisation’s staff on trade union duties and activities during working hours. It will, however, ensure greater transparency by extending the requirements to publish information on the time and money spent on facility time that currently apply to the Civil Service and to the wider public sector. I think it's right that the Government monitor the practice in the public sector to ensure it is a sensible use of taxpayers’ money.

 

What’s happening with ‘Check Off’? Why shouldn’t employees have union subscriptions deducted directly from their pay?
My concern is that in the public sector the administrative cost of this practice is put on the taxpayer. There are many examples in everyday life which show that it is simple for a membership organisation to organise its own subscriptions via direct debit, so any voluntary association with a good relationship with its members should be able to manage this.
 

Why is the Bill asking people to opt in to political funding?
If union members want their subscription to fund a political party, this Bill asks them to opt in to their choice of political funding, rather than be opted in without choice. Most people use - indeed, expect - this kind of consent in so many other areas of daily life and the same should apply to unions. This practice has been used in Northern Ireland for trade unions since the 1920s and mainstream unions have been able to organise well there.

What happens next?

The Bill is scrutinised in the House of Lords.