dingo wrote:3. Your reference to it being a no strike deal shows you have not read the agreement.
Your reference to it being a right to review and then using the term force majeure shows that you have little understanding of legal documents or you are trying to pull the wool over some people's eyes.The two things are not the same and this is neither.
In a legal document the words are definitely the words and the document signed is the legal document not some explanatory side notes from one legal representation or the other.
The specific words of this legally binding contract are...
7.1 The Employer shall be entitled to notify the CWU at any time that any of the Protections will no longer continue, if any of the following exceptional circumstances apply:
e) if there is national-scale industrial action (in the form of a strike or action short of a strike) which has been authorised at national level by the CWU, namely industrial action which either (i) involves employees in the majority of operational workplaces across Royal Mail Group Limited; or (ii) involves employees in an integral part of the operation whereby taking action will have, or is reasonably likely to have, a similarly disruptive effect.
It can't be a force majeure clause because what triggers force majeure has to be outside the control of both parties and it's not a review clause because it doesn't mention review,It specifically mentions the discontinuation of the protections.
It is probably as blatant a "no national strike clause" as you'll see in any agreement and the fact that it's legally binding probably makes it the first legally binding "no strike agreement" in the history of UK trade unions.Thatcher would be so proud.
That's a hell of a landmark for the CWU.
Rather than trying to spin this into something it's not and basically lie to the membership the union should be upfront,Admit it is what it is and explain to the membership that the only way Royal Mail were going to give us legal protection was in return for a national no strike agreement and the tying up of the IR Framework in convoluted mediation which means local action is going to be next to impossible.
Be honest,front it and let the membership decide if the sacrifice was worth it,If the union decides not to it will get very difficult for the union if Royal Mail start playing hardball with workload,performance,pay and efficiency and the membership start to realise for themselves exactly what kind of mess we've gotten ourselves into.