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How do I resolve a stalemate when bargaining with three trade unions?
Practical Law Resource ID 1-518-8303 (Approx. 3 pages)
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How do I resolve a stalemate when bargaining with three trade unions?
Anonymous (Public sector)
Q:
An employer recognises three trade unions, A, B and C. It collectively bargains with the trade unions on terms and conditions. The contracts of indivdiual employees contain a clause that incorporates any collectively negotiated variations to terms and conditions. There are no formal recognition agreements, facilities agreements or collective bargaining procedure.
The employer wishes to offer a lower rate of pay for working on designated public holidays. Trade union A agrees to this and signs a document entitled "collective agreement". Trade unions B and C refuse to agree.
Historically any collectively negotiated changes to terms and conditions would involve agreement of the employer and all three trade unions.
Is the bipartite agreement between the employer and trade union A binding on employees that are members of trade union A?
If the employer approached employees who were members of trade unions B and C to seek their individual agreement to the new lower public holiday rate of pay, would this be in breach of section 145B of TULR(C) Act 1992?
Is the remedy under section 145E (3) mandatory?
Thanks
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