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Advice from PCS On Taking Strike Action 19/01/2011

Posted by pcsdwpsheffield in Uncategorized.
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Republished from PCS.org.uk

See link here for downloadable version from PCS.org.uk

19 January 2011

CCD management have written to staff on the 7 TPIP sites saying that only staff included in the strike ballot are eligible to join the strike action this week. Management added that any unauthorised absence may lead to disciplinary action.

PCS is aware that this message has caused some concerns among members on the TPIP sites about whether they can lawfully go on strike if they joined PCS after, or during, the strike ballot that was run last November. They are also concerned that if they did so they may face disciplinary action.

PCS has sought legal advice on this issue. There is considerable legislation concerning strike action and we wanted to ensure that the advice that we gave members was correct.

The legal advice says that the union should not induce to take strike action any of its members, employed by the employer in dispute, who were excluded from the ballot, except for new members, or those who have changed jobs, who it was not reasonably practical for the union to include in the ballot.

This means that any member on the 7 TPIP sites who joined PCS during or after the ballot run last November can lawfully take strike action on 20 and 21 January.

In addition the DWP disciplinary procedures, Paragraph 17.13, make it clear that no member can be disciplined for taking lawful industrial action. This DWP policy states that:

“Taking lawful industrial action is not a disciplinary matter”

The strike that PCS has called for 20/21 January is a lawful strike. Therefore, according to DWP policy no member on the 7 TPIP sites who takes strike action can be disciplined for doing so.

PCS is only calling on members on the 7 TPIP sites to take strike action. Other members, not on TPIP sites, are asked to support the strike by:

  • Not volunteering to do anything that might undermine the strike
  • Contributing to the collection to support striking PCS members on the TPIP sites to avoid hardship
  • Supporting the call for action in other CCD contact centres if the dispute cannot be satisfactorily resolved

 

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