Union black bans – Checklist
The law briefly
Industrial action of this sort (ie industrial action which is unrelated to negotiations on enterprise bargaining) is unlawful, unless the union (employees) can justify their actions on occupational health and safety grounds.
Orders can be sought against the unions and employees involved to cease industrial action.
Another point to note is that the refusal to do some of the work that an employer might direct employees to do can come within the notion of ‘no work as directed – no pay’. The consequence of such a refusal – if this line is followed – is that the employees can be denied payment generally – as long as the employer informs the employees of the consequences of their actions.
What to do
Check: to do
Management should call the union officials to a meeting as soon as possible and state the attitude of management to the black ban - ie will other work be allowed to continue or will this black-ban result in all employees be refused other work? The procedure/process for having the ban lifted should be investigated with the union officials.
There is a critical decision for management to make - ie whether to take a stand generally or attempt to confine the dispute. If management takes a stand and the matter ends up in the industrial tribunals/courts then the legal issues noted above come into play.
If the situation is likely to flare and the prospect of industrial trouble is real then management should seriously consider seeking advice of their industry association or professional adviser.
A negotiation team should be formed to resolve the issues - unless this is done, there is the prospect of a stalemate.
Be alert
Failure to confront the union over the black ban may be viewed as acceptance of the union’s actions.
An assessment of the urgency involved is essential - customers should be notified and, if there is a risk to public health etc, then the relevant government departments should be called.
Consider the options
The decision to either confront the union or attempt to negotiate a way out is central to the resolution of the dispute.
If the business is otherwise continuing in a normal manner then the employer may seek the negotiation path. This path requires management to find out the details behind the ban. There may be a prospect to resolve the situation once the full story is known.
Keeping the both sides talking is a way of lessening the impact of the ban - particularly if the union perceives that there is little to be gained from the ban.
Follow-up
There is not a lot that can be done by an employer to avoid the sudden imposition of bans. However, asking the union to give you some warning when this is likely to happen may produce results. Management may be able to act to delay or avoid the delivery of the goods or possibly redirect the goods.
If the dispute resulted in considerable industrial confrontation then management may wish to be legally prepared and ready to act with tribunal or court orders. This would require contingency meetings with professional advisers.
These types of dispute are more annoying than most as they are largely out of the control of the employers affected. Trying to set-up some early warning devices in association with the relevant unions may be helpful.
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