Legal Success

[drb]

Please use this if your release time is being threatened! Courtesy of Harrow & District :


Date :- 3rd of May 2011.
Ref: Facilities for Trade Union Reps.


Dear Dave,

I would like to report a small legal success in the branch with regard to one of our Reps at Harrow PDO. On the 23rd of February 2011 Local Area Management instructed the local rep that his facilities where withdrawn. The Manager withdrew the Rep’s facilities on the basis that the local rep pulled out of negotiations because of lack of adherence of BT 2010 and the six step delivery process.

The branch made an immediate application using an ET 1 form and quoted sections 156, 168, 169 & 170 Trade Union and Labour (Consolidation) act 1992. These sections address the entitlements of Trade union facilities and time off work. The rest of legislation you will no doubt be familiar with regards to ballots and accounts.

The Branch then applied the facts to the legislation. The original agreement which was confirmed by Management in writing on the 21st of January 2011. Management then confirmed the facilities were withdrawn in writing dated 23rd of February 2011.

Royal Mail upon receipt of the ET1 and the mounting legal costs Royal Mail decided to engage the Branch in informal negotiations. We met several times and came out with a new agreement granting the rep full-time release.

My reasons for writing to you is share this information for future reference. There may come a need somewhere in the country for another Rep who comes under attack to use the same tactics in protecting there recognition and facilities.

There is a bundle of case papers in relation to this case kept in the branch office if you require anything to refer too.

Regards



Jim Murphy
HA/HP/UB/OX
Harrow & District CWU