@Rainbowsunshine - "I suspect I shall be facing a grievance myself next week as I declined to put pronouns in my email signature so “I am not demonstrating enough solidarity with other members of the union” apparently. The irony of that statement is not lost on me."
I was skim-reading before and missed this!
Can you clarify?
Are you saying that you suspect other members of your union will take out a Grievance against you with your employer because you are "not demonstrating enough solidarity with other members of the union"?
(Their evidence being that you declined to put pronouns in your signature?)
it is not for employers to intervene in internal union disputes between members.
If instead you mean, "not demonstrating enough solidarity with co-workers" it would make marginally more sense but not a lot.
In an earlier post you said:
" Our local branch is ramping up some deeply worrying activism and calling anyone who expresses concern about using pronouns in emails, talks about single sex spaces etc as a total Terf and transphobic and getting grievances submitted against them."
On what grounds are these Grievances being submitted?
This all sounds totally bizarre.
Again, it is not for employers to intervene in internal disputes between union members.
IF union members, particularly Branch Officials, are actually submitting Grievances based on the failure of other members to comply with decisions taken at Branch Meetings then it is not functioning as an independent Trade Union.
Trade Union and Labour Relations (Consolidation) Act 1992
5 Meaning of “independent trade union".
In this Act an “independent trade union” means a trade union which—
(a) is not under the domination or control of an employer or group of employers or of one or more employers’ associations, and
(b) is not liable to interference by an employer or any such group or association (arising out of the provision of financial or material support or by any other means whatsoever) tending towards such control;
and references to “independence”, in relation to a trade union, shall be construed accordingly.
www.legislation.gov.uk/ukpga/1992/52/part/I/chapter/I/crossheading/certification-as-independent-trade-union
See also:
Trade Union Independence
A trade union which is on the list of trade unions may apply for a certificate of independence.
Independence is defined as meaning independence from an employer or group of employers.
This chapter discusses independence and explains how such applications are dealt with and their outcome.
assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/726081/0004_Trade_Union_Independence_14291_Cert_Off_Ann_Rep_2017-2018-4.pdf
Obviously, any Union would wish to operate independently of employer influence, control and interference.
Therefore, if your Branch is inviting your employer to intervene in disputes between union members then it will be in breach of your Union's Rules. If not the Branch as an entity, then Branch Officials and/or individual members.
If you or any other members have had Grievances taken out against you for "not demonstrating enough solidarity with other members of the union" then you have a legitimate cause for complaint to the Union for breach of Union Rules and compromising the independent status of the Union.
If I have understood you correctly, get a copy of your Union Rules. They can usually be downloaded from your Union website.
Find the Section about "Discipline".
For example, the Unite Rule Book and other relevant documents can be downloaded here:
www.unitetheunion.org/who-we-are/structure/
UNITE RULE BOOK
www.unitetheunion.org/media/3470/unite-rule-book-effective-following-2019-v2-072020.pdf
RULE 27. MEMBERSHIP DISCIPLINE
See screenshots.
Relevant sections:
27.1 A member may be charged with:
27.1.1 Acting in a way contrary to the rules or any duty or obligation imposed on a member by or pursuant to these rules whether in his/her capacity as a member, a holder of lay office or a lay representative of the union or otherwise bringing the union into disrepute.
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27.1.3 Knowingly, recklessly or in bad faith providing the Union with false or misleading information relating to a member or any other aspect of the Union’s activities.
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27.1.4 Inciting, espousing or practising discrimination or intolerance amongst members on grounds of race, ethnic origin, religion, age, gender, disability or sexual orientation.
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27.1.5 Bringing about injury to or discredit upon the Union or any member of the Union including the undermining of the Union, branch or workplace organisation and individual workplace representatives or branch officers.
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27.1.7 Breach of the Union’s policies on harassment, dignity and respect, which will include cyber bullying and harassment.
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27.2 Disciplinary Hearings shall be organised and conducted under directions issued by the Executive Council. These directions ensure that the process is fair and conducted in accordance with the principles of natural justice.
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27.3 A charge under this rule may be heard by a Branch, Branch Committee (where so determined by the Branch), Regional Committee or the Executive Council. The Executive Council may delegate to a sub-committee of the Executive Council. It would be usual practice that disciplinary charges would be heard at branch level in the first instance. Disciplinary charges deemed to be of a serious nature may be initiated by the Regional committee or Executive Council.
27.3.1 Serious allegations of breach of Clauses 27.1.1. to 27.1.7 may be referred directly to the General Secretary. The General Secretary will appoint a senior employee of the Union to conduct an investigation which may lead to disciplinary charges being laid on behalf of the Executive Council.
27.3.2 Allegations of serious breaches of clauses 27.1.1 to 27.1.7 which are considered to be vexatious, malicious or defamatory may be considered a breach of Rule and liable to be referred to this disciplinary procedure.
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See also RULE 27. DISCIPLINE OF MEMBERS: EC DIRECTIONS in:
EC Guidance on the implementation of rule revised following the 3rd Rules Conference
www.unitetheunion.org/media/3973/ec-guidance-on-implementation-of-rule-updated-to-june-2021.pdf
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Also BRANCH STANDARDS
www.unitetheunion.org/media/1382/unite-branch-standards.pdf
- Branches have an obligation to promote equal opportunities and tolerance inside and outside the workplace and take action to stamp out sexism, racism, homophobia and other forms of discrimination.
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Let's not argue for the moment that EA 2010 Protected Characteristics are misquoted in Rule 27.1.4 (they should be: Age, Sex, Ethnicity, Disability, Sexual orientation, Religion or Belief, Gender reassignment, Marriage/Civil Partnership, Pregnancy/Maternity).
"Religion" includes "Belief".
PART 1 of 2
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