Page 24 - BOSS Today Issue 45

BOSS Today #45 DOWN TO BUSINESS – BARGAINING POWER

BARGAINING

POWER

he Court of Appeal has clarified The law under examination is the Union, and that the employer’s
Tthe limits on the power of a Trade Section 145B of the Trade Union and sole or main purpose of making the
Union when there is an impasse in Labour Relations Consolidation Act offer was to achieve that result.
negotiation between an employer 1992, (TULCRA), which says that The intention of this legislation is to
and a recognised Trade Union. employers are not allowed to make prevent employers from undermining
In a decision that will be welcomed offers directly to workers who are the collective bargaining arrangements
by those of our members that engage members of a recognised Trade Union, in place. Where an employer is found
in collective bargaining, the limits allow if acceptance of the offer would have to have contravened section 145B by
employers who have failed to reach a ‘prohibited result’ that would mean making an unlawful offer, each affected
agreement with a recognised Trade the workers’ terms of employment worker can claim a mandatory award
Union to make offers of revised terms would no longer be subject to a (currently £4,193) from the Employment
and conditions directly to employees. collective agreement negotiated by Tribunal. There is no statutory basis

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