Right of Workers to Demand a Ballot Before Industria Action is Taken

Part of New Clause 3 – in the House of Commons at 3:56 pm on 22 April 1980.

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New Clause 6—Right of workers to demand a ballot before or during industrial action:'(1) Whenever action disruptive or likely to be disruptive to full production of an employing organisation in furtherance of a trade dispute is either contemplated by a trade union or has begun but in case of pay negotiations, not before a definitive final offer in writing has been made by the employing organisation and acknowledged in writing by the union, but not within 28 days after publication of the result of a previous ballot under this Act any member of that union whose participation in such action may be required who is employed by the employing organisation may give signed notice in writing either to the committee of management of the union or in confidence to the employing organisation, the receipt of which notices to be vouched by ACAS or other similar body that he wishes a secret ballot to be held on the question of whether such action should be taken by the union.(2) If 15 per cent. of the persons employed by the employing organisation who are members of a union whose participation in action in furtherance of a trade dispute may be required, or 500 of such members whichever is the lesser number, give the notice specified in subsection (1) and such notice is certified by ACAS as correct, before the commencement of such action, the committee of management directions for a secret ballot to be held on the question specified in the said subsection (1) before the beginning of any disruptive action. If such notice is received and certified by ACAS after the commencement of such action or a previous ballot under this Act the committee of management of the union shall give directions for the secret ballot to be held within fourteen days of the receipt of such notice and such action is to be immediately suspended pending the outcome of the ballot.(3) The persons entitled to vote in a ballot under this section shall be all those members of a union whose participation in the action whether contemplated or begun may be required and who are employed by the employing organisation and are members of the union as set out in the latest return to the Certification Officer.(4) A ballot under this section shall be conducted whenever practical in the employing organisation's time so as to secure that so far as is reasonably possible all those entitled to vote have an opportunity of voting and of doing so in secret. The question to be asked in the ballot is to be decided by the committee of management of the union and the employing organisation. In case of dispute, the question to be decided by an independent body. If the specific unions fail to organise such a ballot within 14 days of receipt of notices as specified in subsection (2) the employing organisation may arrange the ballot with the help if required of ACAS, the Electoral Reform Society or similar body.(5) In the event of a ballot being held or requested in accordance with this section the provisions of sections 13 (Acts in contemplation of furtherance of trade disputes) of the 1974 Act shall not apply in respect of any act done in furtherance of the trade dispute concerned by any person or by or on behalf of the trade union concerned:

  1. (a) from the day following the receipt by the committee of management and/or employing organisation of the number of notices specified in subsection (2) until the day following the publication of the result of the said ballot; and
  2. (b) if in any employing organisation, more than 50 per cent. of those eligible voting in the said ballot voted against the action contemplated or undertaken by the union at any time after the publication of the result of the said ballot.
(6) In this section reference to a union includes a branch or section or group of members of a trade union and references to the committee of management includes a governing body, branch, district or executive Committee of a union or representatives or associations or similar bodies acting on behalf of non union or staff employees.(7) In this section reference to an employing organisation includes a state, public or privately owned company or corporation whether incorporated or not or operating division or subsidiary thereof.'.