Consider this relating to British Airways taking legal action against Unite and stopping it's members from striking (because they failed to mention the number of spoiled ballots
In January 2010, Unite gave BA notice of its intention to conduct a ballot. The ballot closed on 22 February 2010: 7,482 voted yes, 1,781 voted no and 11 ballots were spoiled. Notification was given to BA on 12 March; strike action was held between 20 and 22 March and between 27 and 30 March.
On 10 May 2010, Unite notified BA of further industrial action, relying on the same ballot. This time BA contended Unite had not complied with s 231.
Unite stated that at 3.59pm on 22 February it had received the scrutineer’s report. By approximately 4.45pm the report was given to union representatives, who posted copies on notice boards in crew report centres within 30 minutes.
It was also made available in the union’s offices, placed on display stands outside its offices and handed out to members in all report areas. A press release was put on its websites. Text messages and e-mails were also sent to subscribing members though these did not contain the full results.
BA argued that putting the information on union websites and in the crew rooms was insufficient.
l First, it was not an active communication to members.
l Second, that method, even when combined with leaving leaflets in news stands and crew rooms would not ensure that the information came to the attention of all relevant members because many of them would be abroad, or off duty, or would not know to go online.
Unite contended that its methods were the most efficacious, given the dispersed membership and BA’s requirement that cabin crew use computers for work purposes. Unite’s experience had shown websites were the most effective means to keep in touch with cabin crew.
On BA’s application for an injunction, however, McCombe J agreed with BA, holding that whether Unite had complied with s 231 was “properly arguable” and that the union’s chances of success were “not overwhelming”. Unite appealed.
In January 2010, Unite gave BA notice of its intention to conduct a ballot. The ballot closed on 22 February 2010: 7,482 voted yes, 1,781 voted no and 11 ballots were spoiled. Notification was given to BA on 12 March; strike action was held between 20 and 22 March and between 27 and 30 March.
On 10 May 2010, Unite notified BA of further industrial action, relying on the same ballot. This time BA contended Unite had not complied with s 231.
Unite stated that at 3.59pm on 22 February it had received the scrutineer’s report. By approximately 4.45pm the report was given to union representatives, who posted copies on notice boards in crew report centres within 30 minutes.
It was also made available in the union’s offices, placed on display stands outside its offices and handed out to members in all report areas. A press release was put on its websites. Text messages and e-mails were also sent to subscribing members though these did not contain the full results.
BA argued that putting the information on union websites and in the crew rooms was insufficient.
l First, it was not an active communication to members.
l Second, that method, even when combined with leaving leaflets in news stands and crew rooms would not ensure that the information came to the attention of all relevant members because many of them would be abroad, or off duty, or would not know to go online.
Unite contended that its methods were the most efficacious, given the dispersed membership and BA’s requirement that cabin crew use computers for work purposes. Unite’s experience had shown websites were the most effective means to keep in touch with cabin crew.
On BA’s application for an injunction, however, McCombe J agreed with BA, holding that whether Unite had complied with s 231 was “properly arguable” and that the union’s chances of success were “not overwhelming”. Unite appealed.
That is pretty petty from management...essentially it means that it is almost impossible for workers to withdraw their labour. When even the Daily Mail is reporting the injunction negatively I think you know there is a problem with the country's Labour laws
British Airways passengers face a summer of strikes after the Unite union vowed to continue its cabin crew dispute with the airline.
The union is waiting to hear if judges will allow it to go ahead with a strike due for this week but called off at the last minute on Monday by the High Court.
Three judges in the Court of Appeal in London - including the Lord Chief Justice, Lord Judge - were urged yesterday to overturn a ruling by Mr Justice McCombe in the High Court that workers could not strike because Unite had failed to tell its members about 11 spoiled ballot papers
The injunction halted a planned series of walk-outs by up to 12,000 cabin crew in a bitter row over jobs, pay and staffing levels.
The union claimed it was an attack on its 'human right to strike'.
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