New union law in force

Press, 2 July 1985, Page 9

New union law in force

By

GLENN HASZARD,

industrial reporter

The new law on union membership came into force yesterday, but its effect is not expected to be felt for several weeks. Most workers in most unions have remained members of trade unions in spite of the freedom to decide given in February, last year.

The biggest union in the private sector, the Engineers’ Union, is only about 300 members short of what it was in Canterbury 12 months ago, according to the district secretary, Mr Bob Todd. While few workers left their unions in the last 12 months, greater numbers are thought to have not joined when they became part of the work-force from school, or moved from one job to another. It will take time, however, for union officials to seek lists of employees from employers, and to get round to the work sites and ensure

workers are enrolled in their union. It will also be some time before any pattern emerges on how many workers apply for exemption from the still-to-be-appointed Union Membership Exemption Tribunal.

Unions will attempt to recruit new members, and once asked to join, a worker who is an adult or receiving an adult wage must join within 14 days. Otherwise, the union may bring a case to the Arbitration Court for breach of the award. The worker who refuses to join a union when asked to do so also runs the risk of dismissal. An employer may choose to dismiss a worker for refusing to join the union because the employer is liable to prosecution too if the worker does not join a union when asked to do so by a union official. One problem area has emerged over the new legislation. That is the right of a worker who has not joined a union, nor been asked to do so, to prevent an employer

deducting union fees from his or her wages. There is now no necessity under the law for an employer to obtain individual consent for deductions where there is an agreement between the employer and the union for automatic deductions of union fees.

Employers may wonder whether they should deduct fees from employees who are not members of a union yet are legally obliged to be members.

A spokesman for the Labour Department said that if a worker had not joined a union, he or she was technically not liable to pay union fees.. An employer who has any queries about whether to deduct fees is advised to approach the Canterbury Employers Association. The association, in a circular to its members, said that because of the way in which some award deduction provisions were worded, the general situation “may be far from clear.”

Workers who are not members of a union and who have not been asked to join a union, but find that their employer is deducting union fees, may have to seek action under the Wages Protection Act to get their money refunded. The Labour Department should be able to offer advice on the worker’s rights under these circumstances. Trade union officials spoken to yesterday said that they did not think they would be exerting any pressure on reluctant non-mem-

bers to join their unions. One said that his union would be more likely to campaign for a law change which would take away the automatic right of non-union members to enjoy all the benefits of wage increases and other entitlements enjoyed by those who were members. Unions will hold membership ballots during the next 18 months for members to decide whether their group retains compulsory membership. The ballots will be repeated at three-year intervals.