RES/15

The Higher and Further Education, Training and Employment Committee

Response to the Draft Code of Practice on Access to Workers during Recognition and Derecognition Ballots

The Committee's consideration of the corresponding Draft Code of Practice on Access to Workers during Recognition and Derecognition Ballots is set out below.

1. The Committee broadly welcomes the Code as an effort to assist both Trade Unions and employers to agree access arrangements to workers in the event of an application by a Trade Union to be granted recognition or an employer seeking derecognition. Members hope that the Draft Code of Practice will encourage both parties to act reasonably and responsibly.
2. The Committee recognises that although the Code is not a statement in law, its provisions are admissible as evidence and will be taken into account in any Court Tribunal and Industrial Court proceedings where they are considered relevant. In other words an employer who breaches the Code may have to explain in detail why the breach occurred. A Trade Union who appears to be acting in an unreasonable manner may have this behaviour taken into account by the Court in reaching any of its decisions.
3. Some members expressed a degree of concern over the clear emphasis in the Code to the rights of the Trade Union member and to sanctions against employers (this point was also raised by an employer representative during the department's consultation period of the original draft Code of Practice). The Committee would wish the Code of Practice to state more clearly that both parties were required under the provisions of the Code to act reasonably and responsibly.
4. The Code recommends that any access agreement should specify who would be given access to the workers to be balloted. There appears to be no limit specified on the numbers to be given access. Members recognise that workplaces can differ in size and nature and therefore it would be better if Trade Unions and employers could reach a voluntary agreement in this area. The Committee recommends that there should be more guidance in the Code to clarify the situation when agreement cannot be reached.
5. Members would like to see more emphasis and clarity in the Code to cover the situation where various Trade Unions are seeking recognition. The Code recommends that if two or more unions seek recognition they should prepare and implement joint access arrangements unless all parties agree otherwise. There is also a recommendation that consideration is given to minimising costs and disruption to the business. Members consider this insufficient guidance for a situation, which could be quite a common occurrence.

Officials have agreed to provide information on the expected workload of the Industrial Court. The Committee also asked officials to provide the following information in writing:

1. The extent of recognised Trade Union membership in Northern Ireland and Great Britain and how they have changed over the last 5 years.

2. How many employers in Northern Ireland (especially externally owned ones) and Great Britain do not currently recognise membership of Trade Unions?

Dr Esmond Birnie MLA
Chairperson

HFETE Committee minutes 15 March 2001, Item 4, Para 1.

HFETE Committee minutes 22 March 2001, Item 3, Para 3.