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ps' rights
Page 34
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In practical terms, what must employers do to accommodate union reps in the
workplace? Patric Cunnane reports.
In a famous scene at the beginning of the Peter Sellers' comedy I'm All Right Jack a hapless fork-lift operator shifts some crates, to the fury of the shop steward and his cronies who are revealed playing cards. Operators dealing with recognised unions should be aware that union reps are entitled to paid tune off to carry out their duties, but they need not fear that this is a shirkers' charter, as envisaged in Sellers' satire.
The law, which entitles union officials to time off, is not part of New Labour's raft of union-related legislation as embodied in the Employment Relations Act 1999. In fact, it dates back 30 years to the 1974 Labour Relations Act which was introduced by Harold Wilson's government.
Restrictions were introduced during the Thatcher years but some rights have since been restored, driven by European laws giving employees the right to be "informed and consulted". and by the introduction of ULRs (union learning representatives).
ULRs are responsible for encouraging training at work; since April 2003 they have had the right to time off to carry out this function. Union safety representatives have the greatest rights in this area: their time off is not constrained by the concept of "reasonableness" but by what is"necessary"— and their rights are wide ranging. including the right to investigate members' complaints; carry out inspections; receive reports from HSE inspectors and receive training. •