For any members who are not aware of the proposed Bill, you can see the details by clicking here. 

It would be far preferable to defeat the Bill in its entirety, so that it never becomes law, but as the current government have a parliamentary majority, which seems unlikely to be undermined on this issue, we need to focus on how that body of opinion can still be influenced to mitigate the negative effects on Trade Unions, and on you as our members. We fully intend to hold the government to account for its views, question the evidence it says justifies its proposals and to fearlessly put the opposing case.

Members should be aware that there are several different components to the proposed Bill. The one that has been most debated in the press is related to industrial action ballot turn-outs, essentially, that the law would require over at least a 50 percent voter turnout in a strike ballot in order for it to be legal (and that there is also as now a majority in favour of the action).

Prospect strives and expects to meet that turnout at almost every ballot we run (regardless of what the government may mandate) in order to have the strongest possible negotiating position with the employer. That is why we have said to the government we will meet that challenge, because in the last 11 ballots we have run, there have been only two that did not meet this threshold. High ballot turnouts strengthen our negotiating position, they give legitimacy and confidence to the members being called upon to take any strike action, and they allow our issues to be aired without the employer questioning the legitimacy of the ballot.

This is why we want unions to take a confident position on this subject, rather than looking defensive. We are confident in our own turn-outs, and looking at the most recent high profile disputes on the railways, we believe that other unions should also be similarly confident that strike action is only taken when a suitably representative number of members vote for it.

We are proud of having an engaged membership who only take strike action when all other options have been exhausted, and that is why this element of the bill does not scare us. Moreover we are also saying to employers that  what you will get with Prospect is a preference for evidence based engagement, however we will be robust if members interests are being harmed and we will fight on issues where we know members views are strong. No one will be able to lay the charge at our door that we are unrepresentative.

Focus on the real threats

However there are several other elements to the proposed Bill which we do oppose strongly. Specifically, a new levy that could makes it more difficult and time consuming for employers to recognise unions, further hurdles on representative facility time, and proposals to repeal the ban on using agency workers to cover the jobs of striking workers.  We are also strongly of the view that if there is a minimum turnout threshold, there is no justification for a further voting threshold of 40% in certain ‘important’ sectors and a simple majority should apply.

There are also quite insidious proposals to require Unions to publish potentially enormous detail about campaigning plans particularly where industrial action is part of the mix. These are plainly intended to hamper to the point of impossibility, the voice of working people. It makes you wonder what the government are really planning when such measures are being contemplated?

These are the elements of the bill which we feel are the most potentially destructive for the Trade Union movement and for our members, and we will continue to fight strongly against their implementation.  But to do so we believe you have to engage with all stakeholders, this means members, representatives, political parties and... the government.

To engage means taking account of the evidence, for example, some public opinion polls, including those commissioned by the TUC, suggest support for the minimum turnout threshold proposal. This may be a reaction to the false impression conveyed about the real extent of days lost to industrial action but it is inadvisable to ignore such opinion just because it does not accord with our views. Your voice is heard more loudly, we believe, where it is informed and effective.

Our agenda

The other damaging aspect of the Bill is that it allows the media to dictate the agenda on which trade unions discuss their issues. At least it does if we react in exactly the way they hope or expect.

We want to take the commentary back to what unions do most of the time - successfully represent members, advocate for good work, and promote our members worth - rather than talking just about what we do occasionally which is take industrial action. This is vitally important because otherwise the tremendous work done by representatives and staff is conveniently ignored by the national media.

We need the Union voice on; wage share still being stagnant; the impact on public services of a further 1% pay control; the pace of work driven by damaging performance management in public and private sectors; the lack of legal workplace regulation and that good regulation is the basis for solving the productivity issues that bedevil the economy. And… the positives, such as; our work on diversity in STEM subjects and careers; our focus on improving organisational trust; our good work agenda, and working with partners on skills and ways of improving performance that are sustainable.  Our contribution to helping employers, companies and organisations prosper because our members have an unparalleled depth of expertise that we can draw on.

We are going to win this agenda back. While we won’t stop campaigning on the Bill, we are also going to remind the pubic just who and what Unions are really about.

Finally

Thank you for the time you have taken to read this article and for your continuing support for yourself, your colleagues, and your industry in being a Prospect member. I also ask you to think about sharing this message with those who have yet to join as we need to broaden our base of support.

I want members to speak confidently of Prospect as a Union that their voice is heard within. We will not agree on everything all the time, that is our strength, but we can agree to share and debate policy and actions which focus on the best future for members. I encourage you to speak to your electd representatives if you have questions or concerns, however, I also welcome feedback directly, so please feel free to email me on [email protected]  and I will respond as soon as I can, and I welcome all opinions, as we are facing the toughest of tests ahead.