Industrial Ballot FAQs
Contents
- What is Industrial action?
- What does it mean to “go on strike”?
- What is “Industrial action short of a strike”?
- What about a “work to rule”?
- What type of action will the ISU call for?
- How will we know what to do?
- Will I be paid?
- Does the ISU offer strike pay?
- Will I have to make up the hours?
- Why have the ISU only balloted for strike action?
- Do I have to vote?
- I haven’t received a ballot paper?
- I already voted in the online poll – do I have to vote again?
- So why did you do an online one?
- What is a ballot threshold?
- Do I have to strike?
- Can I be compelled to break a strike?
- Can we picket?
- Can I cross a picket line?
- Can we co-ordinate action with other Trade Unions?
- What if I am off sick?
- What if I am on leave or a scheduled rest day?
- Can I book leave to cover a strike day?
- What is Industrial Action?
Industrial action is any action taken that interferes with the employee’s contract with the purpose of putting weight behind something the union is in dispute about – in this case pay. Whilst many people think industrial action is an all out “strike” it can also be refusing to do something that is normally within your employment contract without actually walking out of the workplace.
- What does it mean to “go on strike”
Classically full out strike action means not attending your workplace for all or part of a day. But it can also be refusing to do some of your duties without actually leaving the workplace.
- What is “Industrial action short of a strike”
Action short of a strike is refusing to do something that is truly in addition to your duties and not something you can be contractually compelled to do, or that is a reasonable management instruction. In practice this is exceptionally limited.
- What about a “work to rule”
Working to rule is technically action short of a strike – but in ISU membership areas it can be hard to find a precise rule book! Most ISU members have a level of independence of decision making built into the grade. What rules there are, such as Operating mandate or PACE, are adhered to anyway. The ISU does not advocate “work to rule” for 2 reasons. Mainly because it hard to find a written rule book to work to which leaves staff vulnerable to disciplinary action. But also, because our reps can’t be constantly behind every desk to protect members from management pressure or increased abuse from the public.
- What type of action might the ISU call for?
That will be decided closer to the time. We might ask all the workforce, or part of it, not to go into the workplace at all for a day. Or we might ask staff not to do some type of work, such as deploy to Manston or do operational visits etc.
- How will we know what to do?
We will give you at least once week’s notice of what we are asking members to do. This will be through email to your personal email address, on our website and via twitter. We cannot send emails of this nature into POISE.
- Will I be paid?
No. If we call all out strike action and you answer that call by staying away from the workplace entirely you will not be paid for that day. If the action, we call allows you to remain in the workplace just not do a part of your role then you will still be paid for the work that you have done, although not for work you did not do.
- Does ISU offer strike pay?
No we do not.
- Will I have to make up the hours?
No. If you are not paid for those hours you cannot be compelled to work them later.
- Why have the ISU only balloted for strike action?
After very careful consideration there is simply no effective action short of a strike . Having reached that conclusion, we cannot in all conscience offer you an option we do not believe in.
- Do I have to vote?
No, of course you don’t – but we would be very grateful if you would! We act to represent your views and we can really only do that if you tell us what they are. Votes are completely anonymous. Only you know how you voted; but please do vote.
- I haven’t received a ballot paper?
Contact ISU HQ to confirm that your postal address on our records is correct. The scrutineer may be able to send a second copy as all papers are numbered.
- I already voted in the online poll – why do I have to vote again?
The law requires that Industrial Action ballots are conducted by post only.
- So why did you do the online one?
Industrial action ballots are expensive to run and we have to reach a minimum ballot threshold (See below) that can be challenging. The ISU is not a militant Trade union and we wanted to be able to gauge the strength of membership feeling before starting the formal process.
- What is a ballot threshold?
The Trade Union Act 2016 imposed a minimum ballot threshold for Industrial Action ballots. For the ISU with the majority of members in what is deemed an “essential public service” this means that as well as 50% of the membership needing to vote at all 40% of the membership in total (rather than 50% of those who voted) must be in favour. There are very high hurdles to meet; and indeed not usually met in most elections for Government. It is designed to limit our ability to take industrial action However our consultative ballot demonstrated very high levels of support and we believe a mandate is now achievable.
- Do I have to strike?
No you do not. Regardless of how you voted you do not have to do as the Union asks.
- Can I be compelled to break a strike?
If you are not a member of the striking union – yes you can If you are a member of the ISU no, you cannot be so compelled.
- Can we picket?
There are quite strict rules about the numbers who can be on a picket line and what can be said or done. But if you are in a workplace where picket lines are going to be used your local reps will communicate that to you.
- Can I cross a picket line
Yes you can, and those on it must not make any effort to stop you doing so. If you are an ISU member we would ask you not to cross and ISU picket; but it is ultimately your choice.
- Can we co-ordinate action with other Trade Unions?
There are challenges, both legal and political, in co-ordinating strike action with another union. The ISU is willing to work with whoever we need to in order toe achieve the best results for our members; as long as it is also within the law.
- What if I am off sick?
If you are off sick on days bracketing the day action is taken then you do not need to do anything. Simply self certify or submit your fit note in the normal way. You will not be treated as having taken strike action and you will not loose pay. If you are sick for only that day you should be clear with your manager when you call in that you are sick and what that sickness is. If you experience any difficulty with recording the day as a sick day rather than industrial action contact your local reps.
- What if I am on leave or a scheduled rest day?
If you are on pre booked leave you need take no further action. You will not be recorded as having taken action and you will not loose pay. If you are on a scheduled rest day that day should be honoured. Under AHW rest days can be cancelled or changed but if you are an ISU member you cannot be compelled to break an ISU strike.
- Can I book leave to cover a strike day?
In theory yes. But in practice we expect that management would not allow this. If you have a pressing and particular need to take leave, for example a family emergency, contact your local rep for support.