How does strike planning work?

[Egg Centric]

I *think* these are all true (correct me if wrong):

1. You don't have to tell your employer if you're in a union
2. If you are in the union, you don't have to strike if you don't want to
3. If you are not in the union, you can strike anyway with full protection
4. Regardless of 3/4, if you come across the picket line they can persuade you to strike and you can make a decision to there and then without any repercussions
5. (One I'm least sure about) - if you're one of the managers, temp workers, or whatever who have been asked to cover the striking workers, you can also refuse at the picket without repercussions

With that in mind - how is strike planning done? It seems like there must be a reasonable amount of uncertainty about the number of strikers?

 

[Starmill]

There's not much uncertainty because in general where collective bargaining is in place, trade union membership among railway grades is very high. On average it is probably somewhere 85 - 95%. In some areas of the country it will be slightly higher than that and some depots may be 100%.

As a result a lot of planning will have been done on the basis of no availability among a specific grade.

The number of people who aren't in at least one of RMT, Aslef, TSSA and Unite is fairly small. In general they aren't in any trade union on personal principled grounds, or maybe they just have yet to get round to it. Staff in their probationary period are almost always advised they should not breach their contract under any circumstances including strike action.

 

[Watershed]

I *think* these are all true (correct me if wrong):

1. You don't have to tell your employer if you're in a union
2. If you are in the union, you don't have to strike if you don't want to
3. If you are not in the union, you can strike anyway with full protection
4. Regardless of 3/4, if you come across the picket line they can persuade you to strike and you can make a decision to there and then without any repercussions
5. (One I'm least sure about) - if you're one of the managers, temp workers, or whatever who have been asked to cover the striking workers, you can also refuse at the picket without repercussions

With that in mind - how is strike planning done? It seems like there must be a reasonable amount of uncertainty about the number of strikers?

1-4 are true.

Legally speaking, 5 isn't - if covering for strikes is something you're required to do under your contract, and you're not on strike yourself, you must still do your work. Picket lines aren't allowed to physically block people from entering the workplace and in any case, alternative routes (e.g. through back entrances) are often used to avoid conflict.

That said, companies are less likely to take disciplinary action over a breach of contract in the circumstances of 5, as compared to most other breaches of contract. They usually don't want to further inflame tensions.

As for how this impacts strike planning - it's quite simple. You assume that everyone, or nearly everyone, of the grade(s) in question will be on strike unless there is evidence to the contrary. Hence why strike timetables are often very limited - they are usually planned on the basis of solely relying on contingency staff such as managers.

 

[Silverlinky]

I would have thought 3 was untrue. Why would you strike when you are not in the union which has called the action? Furthermore, you say "with full protection"? Protection from who? Is the union that you are not in going to represent you?
4 is also untrue if you are not in the union that has called the action. For example if a driver (ASLEF) did not cross the picket line of the RMT then that Driver would not be attending work and would be in breach of contract. I believe the unions warn their members of the consequences of taking this course of action. The likelihood is that you will be represented of course by your own union but I assume your employer would show you as awol and that is a disciplinary matter.
5 is covered by 4 to a degree.... managers are also sometimes in unions (TSSA?) so the union advises their members to work normally as any action taken could be classed as secondary action which can land the union in trouble.

I agree though that companies are less likely to take action, however less likely does not mean that they won't.

 

[Starmill]

I would have thought 3 was untrue. Why would you strike when you are not in the union which has called the action? Furthermore, you say "with full protection"? Protection from who? Is the union that you are not in going to represent you?
4 is also untrue if you are not in the union that has called the action. For example if a driver (ASLEF) did not cross the picket line of the RMT then that Driver would not be attending work and would be in breach of contract. I believe the unions warn their members of the consequences of taking this course of action. The likelihood is that you will be represented of course by your own union but I assume your employer would show you as awol and that is a disciplinary matter.
5 is covered by 4 to a degree.... managers are also sometimes in unions (TSSA?) so the union advises their members to work normally as any action taken could be classed as secondary action which can land the union in trouble.

I agree though that companies are less likely to take action, however less likely does not mean that they won't.

Lawful protection from breach of contract claims applies to all relevant staff, regardless of whether you're in the trade union. The strike is either lawful for all affected employees, in which case they all may rely on the protection, or for none of them. Unaffected employees doing different jobs however are not likely to be protected for changing their minds about crossing the picket line.

 

[43066]

4 is also untrue if you are not in the union that has called the action. For example if a driver (ASLEF) did not cross the picket line of the RMT then that Driver would not be attending work and would be in breach of contract. I believe the unions warn their members of the consequences of taking this course of action. The likelihood is that you will be represented of course by your own union but I assume your employer would show you as awol and that is a disciplinary matter.

Striking is always breach of contract, just a breach that is legally protected from disciplinary action.

You cannot be compelled to cross a picket line at your workplace by your employer so ASLEF Drivers refusing to cross RMT picket lines would also benefit from protection from disciplinary action. The employer would be entitled to dock wages to reflect their non attendance, though.

 

[Bald Rick]

To answer the question, you talk to the people who you are planning to cover the service, and base your decisions in what service to provide on that.

 

[Birmingham]

Staff in their probationary period are almost always advised they should not breach their contract under any circumstances including strike action.

That’s very interesting. So if you join an organisation then the union ballots to strike within six months of you starting or whatever; if the strike is voted for, you still shouldn’t do so, and should turn up for work as normal?

 

[Starmill]

That’s very interesting. So if you join an organisation then the union ballots to strike within six months of you starting or whatever; if the strike is voted for, you still shouldn’t do so, and should turn up for work as normal?

Yes this is usually what the union would advise, as the lawful protections may not apply in the same way to a probationary employee. As you say though it's usually just people in the first six months from their start date.