Does anyone know anything about unions?

Crock Rock

Is being the only unionised staff member any use?

A friend of mine works in a place where staff are constantly run off their feet. If certain work is not carried out for reasons beyond their control such as faulty equipment or lack thereof, they still get barked at.

Staff are under so much pressure that they often skip lunch or leave late to get work done, if they don't, the work won't get done and they'll be roared at.

This is not just the tip of the iceberg, it's all the way to the equator from it. I don't want to dox her by posting more details.

A few of them thought about unionising and the manager heard about it. She said although she's well aware that you cannot be fired for joining a union, contract staff (which makes up 1/3 of the workforce) and staff who are there less than a year are not protected by unfair dismissal legislation and they ought to "watch their step".

This scared everyone away from joining apart from my friend, she's in the company close to two years and is the longest serving staff member (not counting management) such is the turnover of staff.

She is a union member now and has her dues taken from her wages.

Is there any protection for her seeing as she is the only one? Can she theoretically go on strike on her own?
Will the union negotiate on her behalf alone?

Big Ears

Down with the Union !!

Leg End Reject

She should contact the union with these questions.

Big Ears

Alternatively this might be better suited to the Work and Jobs forum.

Ten of Swords

Mod

Moved to Work & Jobs

Read the local charter before posting

aslanroars

You have the right to join the union of your choice and the right to leave a union. You cannot be dismissed from your job because you are a member of a union. There is no legal obligation on an employer to negotiate with a union on behalf of an employee member, unless previously agreed. same way if she tryed to strike she could be sacked .or co workers will just walk by her .but the unions can try talk on her behave.i always find it better to be in one .than not in one.

Crock Rock

aslanroars wrote: »

You have the right to join the union of your choice and the right to leave a union. You cannot be dismissed from your job because you are a member of a union. There is no legal obligation on an employer to negotiate with a union on behalf of an employee member, unless previously agreed. same way if she tryed to strike she could be sacked .or co workers will just walk by her .but the unions can try talk on her behave.i always find it better to be in one .than not in one.

Are you sure?

Why aren't bus drivers, teachers, nurses sacked then?

Unions are so important. I'm not in one myself though.

Slydice

Some information on these pages might help:

https://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/industrial_relations_and_trade_unions/trade_unions.html

Unfair dismissal for trade union membership or activity

If you have been dismissed from your employment for trade union activity or membership, this is automatically unfair under the Unfair Dismissals Acts 1977-2015. You do not require any particular length of service as an employee, to bring a case.

https://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/industrial_relations_and_trade_unions/trade_disputes.html

Trade unions

As an employee you have a constitutional right to join a trade union, you also have the right to join the union of your choice and the right to leave a union.

Taking industrial action

In employment law there is no right to take industrial action but there are protections for certain workers who do this by, for example, going on strike. Part 2 of the Industrial Relations Act 1990 provides workers, who are taking part in peaceful industrial action, the following immunities from:

Criminal or civil proceedings for conspiracy to do a particular act if the action taken by a person acting alone would not be punishable as a crime. Even if you are not a member of a trade union, you benefit from this immunity.
Prosecution when taking part in peaceful picketing. Only members and officials of an authorised trade union get the benefit of this immunity
Prosecution for inducements to break or threats to break contracts of employment. Again, only members and officials of an authorised trade union get the benefit of this immunity.

Unfair dismissal

Under section 5 of the Unfair Dismissals Act 1977 the dismissal of an employee for taking part in a strike or other industrial action is unfair if:

One or more of the other employees taking part in the action were not dismissed

Or
One or more of the other employees who were dismissed, were later reinstated or re-engaged and the employee was not.

This was amended by section 4 of the Unfair Dismissals (Amendment) Act 1993 which extends this definition of unfair dismissal to include less favourable treatment after reinstatement or re-engagement after a strike or a lockout.

Lockout is where an employer excludes the employees from work or suspends work or terminates their employment. In unfair dismissals legislation, a lockout is considered a dismissal. Again, under Section 5 of the Unfair Dismissals Act 1977, it is considered an unfair dismissal if an employee is not reinstated or re-engaged after a lockout and one or more of the other employees are.

Dismissal for trade union activity or membership is automatically unfair under Section 6 of the Unfair Dismissals Act 1977. An employee dismissed in such circumstances does not require any particular length of service in the job in order to enforce his/her rights. The definition of trade union activity is activity carried out with the employer’s consent or outside working hours. Strikes or other industrial action are not covered by this definition.
Victimisation

The Workplace Relations Commission’s Code of Practice on Victimisation refers to victimisation arising from an employee’s membership or non-membership, activity or non-activity for a trade union or a manager discharging their managerial functions or any other employees. It applies to situations where there are no negotiating arrangements and where collective bargaining has not taken place.

The term victimisation is used to describe unfair treatment of an employee (including a manager). It does not include dismissal – see ‘Unfair dismissal’ above. If you feel you have been victimised you can make a complaint to the Workplace Relations Commission under the Industrial Relations (Miscellaneous Provisions) Act 2004 using the online complaint form available on workplacerelations.ie.

Mr Meanor

Union membership may be the only chance you'll have shortly, in any office job or retail.

https://www.theverge.com/2020/2/27/21155254/automation-robots-unemployment-jobs-vs-human-google-amazon

Strumms

Unions are a necessary thing now. They act as a deterrent first off for employers taking the piss and overstepping the line of what’s acceptable and indeed legal. You want you membership to be just that, a deterrent as opposed to ever needing them. In 2020 the way things are going this is more of a pronounced need. The ‘sure you should be glad you have a job merchants’ will be shouting that you should be grateful to be working and that you should be delighted to be going ‘over and above’ on a daily basis, over and above the scope of your contract, agreed tasks and job spec, nope.