Barrister says RTITB's advice was 'nonsense'
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• When barrister lecturer Mr John Ritson addressed the Transport Association on the Industrial Relations Act in London on Tuesday — he described the Act as a "legal minefield" to be treated with great respect — and he provoked many questions.
For example, a questioner who quoted expert opinion at a recent RT1TB seminar to the effect that no agreements or disciplinary codes should be in writing, was told by Mr Ritson — who quoted what the Code of Practice said about disciplinary action that the advice given at the RTITB meeting was "nonsense". Employers would be wise to follow the advice given in the official Code since failure to do so could prove expensive. If employers made a genuine effort to improve their staff relations they could anticipate a handsome dividend. But it was no use thinking that the court would create harmony if the procedures were invoked; only employers could put their houses in order.
Mr Ritson included in his talk a number of concrete illustrations of the effect of the Act so far. When a Stepney firm complained to the Court about a wild-cat strike of its workers an Order was made instructing the men to return to work. They did so, but promptly gave the requisite week's notice of their intention to strike, and this was quite legal. "Who has won a victory in such a case?", asked Mr Ritson. The speaker gave many warnings that disciplinary charges which employers held to justify dismissal might well boomerang, with expensive results, if the employee concerned complained of unfair treatment. To charge a man with drunkenness or theft was a simple matter but to prove it in the manner in which the criminal courts demanded was much less simple.
Asked whether and how the Industrial Relations Act would inter-act with the Wages Council legislation with which the industry was very familiar, Mr Ritson said it would now be easier for employers to challenge in the courts workers who offended against the considerable detail in the Wages Council regulations.
What could a small transport firm do if its vehicles were not loaded by a main customer firm because its drivers were not union cardholders?, asked another questioner. "How can I sensibly tell my drivers they have a right to join or not to join a trade union when I know there will be trouble if J send a non-union driver to make a collection?"
Mr Ritson said the Act made it possible to take action against individuals who were "blacking" a particular collection driver. If they could be identified, or the union behind them could be identified, then action could be taken in the courts.