does my employer have the right to tell me to cross a picket

[John_McC]

OK this is not for me but a colleague where they have no rep (well not on nights). In a WTLL session they were told that if they did not cross a picket line (he's a driver) then he would lose his pay for that day. Now as far as I'm concerned RM can not make anyone cross a picket line even if his office is not on strike on that day. Surely all he has to do is drive up to the picket and let a manager drive it across the line and unload ?

[Carnoustie]

Probably not the answer you want to hear, but ...

No, they cannot force him to cross a picket line.

But if he CHOOSES not to cross it, of course they will threaten to stop his pay. Would they not class it as 'refusing a reasonable request' or something similar ?

Furthermore, not crossing the picket line means he (and the CWU, if he's a member) will then be deemed to be taking unofficial industrial action, which could have consequences for the validity of the national ballot.

[John_McC]

Thanks for the reply, not realy what I wanted to hear but guess that would be the case :cfo

Probably not the answer you want to hear, but ...

No, they cannot force him to cross a picket line.

But if he CHOOSES not to cross it, of course they will threaten to stop his pay. Would they not class it as 'refusing a reasonable request' or something similar ?

Furthermore, not crossing the picket line means he (and the CWU, if he's a member) will then be deemed to be taking unofficial industrial action, which could have consequences for the validity of the national ballot.

[opgpat]

Interesting question especially when IA is localised at the mo - surely somwone has experience of this issue?

He could use the excuse that he was worried for his safety and the safety of his truck because the picketers were very very angry? He could also say the picket line was unstable and in the road and he was worried about the picketers falling under the wheels of vehical. Both health and safety grounds and both rock solid arguments as we are legally obliged to make our own health and safety judgements at work.

[John_McC]

If we have a strike like last time ie mail centers one day, delivery's the next then we need to think about the night drivers who will is it seems this time, have to face the prospect of crossing lines or losing another days pay ! Hope HQ have thought about this as I would never like to cross a line in any dispute RM or not.

[TrueBlueTerrier]

If we have a strike like last time ie mail centers one day, delivery's the next then we need to think about the night drivers who will is it seems this time, have to face the prospect of crossing lines or losing another days pay ! Hope HQ have thought about this as I would never like to cross a line in any dispute RM or not.

At a recent Union meeting I was advised that the CWU have looked closely at the difficulies encountered and the success of the "spilt strikes" of 2007 and that its less likely to happen this time

[andy2007]

I'd never thought about it as a Human Rights issue. I'd always seen it as a matter of Honour. But you could be on to something here!

Does the IWW have a legal section, like the CWU one?
If so. It might be worth asking them to take up the case for you, and all other members of the IWW in the same situation. Although sadly, I doubt that they could do the same for CWU members, who aren't also in the IWW (like me). Still: It could be an important Test Case, which could be used by the rest of us.