Employment problem for DH.... any legal advice?

[sexgoddess]

Dh works for a large car manufacturer and there is a strong Union presence in the workplace. A few months ago he applied internally for a position on a new model. He had an informal interview with one of the managers and has been offered a job on the project in writing. 3 others from his work area have also done this. He has made no secret of the fact that he was applying but now some of his colleagues have put in a grievance with the union about the fact that he and the other 3 are to be moving onto the new project. The union have called several meetings to discuss this and the transfer has been postponed for many weeks already. Basically the Union have indicated that my dh and his pals were "selected" to join the new project and in fact shouldn't go. There is a lot of ill feeling now between the workforce/union and my dh/pals to the extent now that my dh feels like a "scab" and is very unhappy about working in the environment. His reputation and name have been abused publicly and this is not the first time he has been "victimised" by the Union reps. If he puts in a grievance the first line is with the Union and they will not (and did not last time) support him.

What do management say about the selection process? Was it an open position, i.e. advertised so that anyone could apply? Presumably your dh followed the procedure by getting an application form, filling it in and attending interviews. And of course he and his pals have been selected. They were presumably the best of the applicants and were selected by management as being best for the jobs available.

Why is management letting the union dictate who they can hire to do what and when? Seems ridiculous. I have no experience of unions, but thought that their powers had been diluted over the years so that they no longer had a stranglehold over companies. Seems I was wrong.

What is management saying about this? How does the union expect management to find employees to do this particular job? Is the union saying that only people from outside the company can be employed in this capacity? Which seems to be shooting their members in the foot.

Hi Freckle

The job was advertised internally only and application forms are available from HR (as is the norm). There is a collective agreement in force at his place of work and it would appear that some applications had not even been considered. However I still cannot understand how they can take it out on my husband and his pals when surely if there is anything untoward going on it should be taken up with higher management. Last year my dh's grandad died and he went to the funeral. In their collective agreement it clearly states that bereavement leave is classed as a nonworking day. The union banned my dh from doing any overtime for 4 weeks because they said he had worked too many days (not exceeding 48 hour working rule btw) in a row (they didn't count bereavement day as non working). Management wouldn't give him time off to deal with this so I had to speak to various union reps. The senior one within the workplace basically said "shut up or I can make it very difficult for your dh" - which is presumably what he's doing..

So where does one go if there is a problem with the union? Is there no regulatory body for unions?

Sexgoddess - you said he had an informal interview - what does that mean?

When a position is vacant it should be advertised (internal only is fine) and formal interviews should take place with more than one manager on the panel. Ideally there should be an HR representative present to ensure the interview process was fair. There should be a transparent selection process and unsuccessful candidates should have the opportunity for feedback if they wish.

If there is a problem with the local union reps then a complaint can be made to the full-time officer who will investigate. Remember that the union reps are not 'the union', but are representatives of it. If the employees they represent are not happy with them, they can be voted out.

Mears - dh and his other pals had an interview in the coffee area with the manager (not in an interview room). The union reps who keep calling the meetings/briefs are the Senior Shop Steward and Works Convener.