UK union scraps BT strike vote over legal fears

[TrueBlueTerrier]

Again - this is getting to be like the film Ground Hog Day

http://www.forexyard.com/en/news/UK-uni ... 05T162901Z" onclick="window.open(this.href);return false;

BT/STRIKE (URGENT)
LONDON, July 5 (Reuters) - The Communication Workers Union said on Monday it had cancelled a ballot for industrial action by staff at telecoms firm BT <BT.L> in a dispute over pay.

The union said it was concerned technical breaches in the way the vote was conducted could invalidate the ballot.

The union also said it would enter into more talks with BT, but at the same time would take renewed steps for another vote.

[TrueBlueTerrier]

To: All branches with members in BT


Dear Colleague


BT Pay Ballot 2010

Since the union served formal Notice to BT on 10th June of our intention to ballot for strike action, BT has made a number of legal challenges to the Notice of ballot.

The CWU has sought the advice of our legal representatives following receipt of the first legal challenge, and we have responded to each of the company’s letters vigorously defending the union’s position.

Towards the end of last week we sought further legal advice which was received this morning, and which makes clear that the legal position is not in the union’s favour. As a result of this advice, we have taken the decision to withdraw the ballot rather than take the union through a lengthy and expensive process of litigation which is clearly against us.

The ballot has been cancelled with immediate effect and the appointed independent scrutineer will therefore not be issuing a ballot result.

Although the CWU made every effort to address the various legal requirements associated with running a statutory ballot for industrial action, unfortunately the balance of power is not with us on this occasion and once again the formidable strength of the British anti-union laws in preventing unions exercising the right to strike in defence of their members’ interests is manifested.

Since notifying BT today of our decision to withdraw the ballot, the company have been in correspondence with us asking us to enter urgent discussions with a view to resolving the current pay dispute.

The TFSE considered this today and it has been agreed that we will meet with BT urgently.

The Branch Forum scheduled for 8th July in London will take place at which branches will receive a fuller report. It is important that you send a representative to attend this meeting.

I can confirm that we will be taking the necessary steps to ensure that we have the required information to comply with the legal process so that we can issue a fresh Notice of Ballot as soon as possible. However, in the meantime as stated above we will be speaking to BT to see if a resolution to the dispute can be achieved.

We will be issuing an email to CWU private email addresses and CWU email addresses letting members know the ballot has been withdrawn, but I would be grateful if branches could also ensure this message is brought to the attention of members.

I would like to thank branches for your hard work with this campaign over the last few weeks and for your continued support in seeking a fair pay settlement in the BT Pay Review this year.

Yours sincerely,





Andy Kerr
Deputy General Secretary (T&FS)

[DGP1]

FFS, how many times will this happen? With all the problems we've had, no other union should have any problems with legal issues over strike ballots.

[Dogs of War]

The unions have no power anymore. The CWU got us a pay cut.

[fishtank]

FFS, how many times will this happen? With all the problems we've had, no other union should have any problems with legal issues over strike ballots.

This is what happens DGP when a union that is effectively broke takes on an employer that made a £1billion profit last year.
The mere threat of litigation has the same effect as a quick trip to the vets for your dog.
No point in saying grow a pair if they are already sitting in a jar on the chairman's desk....welcome to the future of the Trade Union Movement.

[jack straw]

FFS, how many times will this happen? With all the problems we've had, no other union should have any problems with legal issues over strike ballots.

Absolutely typical of the bungling CWU

[Martin Walsh]

Something not quite right in my view. BT like Royal Mail were writing every day with a list of things they believe are legally wrong with the ballot and notices etc, on the postal side it is the normal just to front Royal Mail out and wait till they try and get an injunction. Often Royal Mail try a game of bluff.

However the thing which does not add up on the BT ballot is why did the CWU wait until the afternoon of the ballot result to suddenly pull the ballot. The plot thickens as BT have invited further talks and rumours of an improved offer.

[Martin Walsh]

FFS, how many times will this happen? With all the problems we've had, no other union should have any problems with legal issues over strike ballots.

Absolutely typical of the bungling CWU

Every union has problems with balloting look how many times unite and RMT have to re -ballot. In fact on the postal side we beat Royal Mail when they applied for an injuction last year.

It is a very differcult postion as the law requires you to identify numbers of members in all workplaces and it is differcult to ensure that you have on the BT side 55 000 people in the right workplaces especially as some work from home and on the postal side we have 1500 workplaces.

The tories knew what they were doing as the data protection act stops the employer from revealing some of the details which would assist the union in making sure that the details were correct.

That being said the rumour is that the fault on the BT ballot was with the notification of the ballot which is strange as normally this is written by employement solictors.

Its easy to knock the unions but the law is so complex and is design to favour the employer rather than the union attempting to take strike action

[Stormproof]

The amount of ballots the CWU have had the past few years you would think they could get it right by now!

[BELIAL]

The amount of ballots the CWU have had the past few years you would think they could get it right by now!

We have a proud history of legal compliance ,f***ing up ballot processes that we have done 100's of times;and making ourselves look like management tools;
Anyone would think we ere deliberately trying to alienate our membership

[jack straw]

FFS, how many times will this happen? With all the problems we've had, no other union should have any problems with legal issues over strike ballots.

Absolutely typical of the bungling CWU

Every union has problems with balloting look how many times unite and RMT have to re -ballot. In fact on the postal side we beat Royal Mail when they applied for an injuction last year.

It is a very differcult postion as the law requires you to identify numbers of members in all workplaces and it is differcult to ensure that you have on the BT side 55 000 people in the right workplaces especially as some work from home and on the postal side we have 1500 workplaces.

The tories knew what they were doing as the data protection act stops the employer from revealing some of the details which would assist the union in making sure that the details were correct.

That being said the rumour is that the fault on the BT ballot was with the notification of the ballot which is strange as normally this is written by employement solictors.

Its easy to knock the unions but the law is so complex and is design to favour the employer rather than the union attempting to take strike action

Nicely explained Dingo. Surely though they should have this side of things organised before making the Union look so foolish in the press. It's all they've got to do all day after all. It's not as though they've got a post round to sort, prep and deliver is it? Cushy old time I'd say, and £70k thrown in for good measure.

[Big Daz]

It was gonna be a no vote and CWU bottled it, theres some telecoms reps out there who boling with rage over this.

[Martin Walsh]

Daz your not correct. But I wont comment further !

[Big Daz]

Would it have really been a problem to have the results, but simply not take action due to the legal situation or publish the results but at the same time decalre the ballot void ?

Does the legal issues really trully mean that the outcome can never be known to the masses and do the powers that be in CWU know the outcome.


Without more info some members and activists will continue to smell a rat.

[janitor]

The fact is these laws were not just brought in yesterday, they have been there what must be nearly 20 years possibly more, the least we should be able to expect for our union fees, is for HQ to have a proper knowledge of laws that have been in existence for nearly a quarter of a century, and run a legal ballot.