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Can non-trade union workers go on strike?

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  • 25-03-2014 9:45pm
    #1
    another question
    Closed Accounts Posts: 1,386 ✭✭✭


    This is probably a really stupid question but in the following hypothetically situation could the non-trade union workers go on strike.

    Say if you had 20 workers and 10 were trade union members and 10 were not. The trade union members are happy with what they are offered for redundancy but the other half are being treated unfairly insofar as they are getting less weeks per year if service than their union counterparts, could they strike independently without a union behind them?


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    #2
    Victor
    Registered Users Posts: 78,272 ✭✭✭✭Victor


    another question wrote: »
    the other half are being treated unfairly insofar as they are getting less weeks per year if service than their union counterparts
    I'm not sure. However, does it make sense to go on strike in a redundancy situation?

    However, as I understand it unionised and non-unionised staff can't be treated differently in their employment. One would presume that would also include redundancy situations.


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    #3
    Carawaystick
    Registered Users Posts: 8,779 ✭✭✭Carawaystick


    Victor wrote: »
    I'm not sure. However, does it make sense to go on strike in a redundancy situation?

    However, as I understand it unionised and non-unionised staff can't be treated differently in their employment. One would presume that would also include redundancy situations.

    I know staff in a major scandanavian telecoms company were treated differently, with union members getting lower pay rises and bonuses

    Redundancy payments over the statutory or contracted notice level are ex gratia payments, so are a gift from the employer to each employee. So I'd say they can offer whatever to each employee. I mean offers are often made based on years of service, such as statutory redundancy and x weeks per year of service.

    I'd see if there are other ways to improve your severance politely, like getting outstanding holidays or notice, paid as an ex gratia payment,
    or else getting more aggresive and holding out for the same as the unions

    if the union staff went out on strike you may be able to claim harrassment crossing the picket line and wrangle an unfair dismissal/constructive dismissal

    but if the company is going bust, remember there will be no money to pay anything if it drags on...

    Once you've got your notice, the employer has to make reasonable allowances for you to seek new opportunities, see nera or citizens info
    Or a lawyer


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    #4
    Elmpark
    Registered Users Posts: 15 ✭Elmpark


    Why don't you join the union?


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    #5
    another question
    Closed Accounts Posts: 1,386 ✭✭✭another question


    It's too late. We were informed we are closing yesterday.

    Our contracts state we should get 6 weeks per year


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    #6
    another question
    Closed Accounts Posts: 1,386 ✭✭✭another question


    another question wrote: »
    It's too late. We were informed we are closing yesterday.

    Our contracts state we should get 6 weeks per year but they are only offering 2 but the union members are getting 5.


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    #7
    notharrypotter
    Closed Accounts Posts: 1,112 ✭✭✭notharrypotter


    as I understand it unionised and non-unionised staff can't be treated differently in their employment
    Not strictly true.
    An employer can offer what terms they wish as part of an employment contract.
    This can include recognition for qualifications or length of service.

    Many employers are using the downturn as an excuse to offer new staff less for longer hours.

    The union negotiates on behalf of its members so has no right to act on behalf of non members.

    Think of the union subs you have saved over the years by not being a member.


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    #8
    another question
    Closed Accounts Posts: 1,386 ✭✭✭another question


    Surely if our contract states 6 weeks per year - then giving us non-union members 2 weeks is grossly unfair...why should employers be allowed to pull out of the contracts they provided. (I might also add that the company is still profitably, they are closing 5 stores out of 60) so the money is there to pay what they promised.


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    #9
    RobbingBandit
    Registered Users Posts: 18,090 ✭✭✭✭RobbingBandit


    Solidarity strike as in not passing the picket line if there is one.


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    #10
    another question
    Closed Accounts Posts: 1,386 ✭✭✭another question


    RobbingBandit wrote: »
    Solidarity strike as in not passing the picket line if there is one.

    A solidarity strike is what we had in mind - but we don't know where we stand insofar as them refusing to pay us our redundancy as a result of going on strike...


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    #11
    RobbingBandit
    Registered Users Posts: 18,090 ✭✭✭✭RobbingBandit


    I think the guys not in the union could be in breach of contract also the guys in the union have the protection of the union to fall back on.


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    #12
    RobbingBandit
    Registered Users Posts: 18,090 ✭✭✭✭RobbingBandit


    One thing to remember no one on the site here can give you legal advice on this, imo you should go talk to citizens advice they do free legal aid clinics where you can talk to a solicitor about issues such as this.


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    #13
    Victor
    Registered Users Posts: 78,272 ✭✭✭✭Victor


    notharrypotter wrote: »
    Not strictly true.
    An employer can offer what terms they wish as part of an employment contract.
    This can include recognition for qualifications or length of service.

    Many employers are using the downturn as an excuse to offer new staff less for longer hours.
    None of that has anything to do with whether any individual is in a union or not..


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