Union

Briefing Document from the Legal Department of UNITE the Union for pickets/drivers during official industrial action

As you will beware members of our union at British Airways have announced their intention to take industrial action in defence of their right to be consulted and reach agreement on changes to their terms and conditions of employment. Despite repeated offers from our shop stewards and members that would provide a solution to British Airways current difficulties the company have rejected all those offers which included pay cuts in place of job cuts, therefore protecting passenger service on British Airways and the interests of the airline going forward.

Our union has announced 3 days of strike action on the 20th / 21st & 22nd March 2010 followed by a further 4 days of strike action on 27th/ 28th/ 29th & 30thMarch 2010. The union will of course for as long as the dispute continues advice of further action.

During this dispute our members ought to be aware that were they are faced with a picket line involving those workers in dispute then the following advice applies.


1. It is perfectly lawful for pickets to approach workers; lorry drivers and drivers of other vehicles as well as warehouse, dispatch, administrative and other groups of employees. It is perfectly lawful for these pickets to ask workers to stop, to communicate information to them on the merits of their dispute and to peacefully persuade them to honour the picket by abstaining from working.
2. If members approach any picket line they should advise the pickets that support is given to the dispute by Unite the Union and they will not undertake any work outside of their normal contractual duties, neither will they take over the work normally conducted by those workers in dispute. If your company management demands that you do take over the work of those in dispute the union will lawfully resist such demands and could ballot our members for industrial action.



3. If members approach or are approached by pickets and on assessing the situation feel insecure, threatened in any way or indeed believe that their presence or continued operation in the area could endanger either themselves or others, they have the right to remove themselves from the situation.

4. If it is believed that this is the only available course of action members should leave the area and contact their employer for further guidance. If contact cannot be made with their employer and they are not at their place of work they should return to their place of work, unless advised otherwise.

5. You have a statutory duty under the Health and Safety at Work Act (1974) Section 7, not to endanger yourself or others during the course of your work. This decision is one that can only be made by yourself as the individual concerned, having assessed the situation as you see it on the ground. As above, in these circumstances you should remove yourself from the area and contact your employer for further guidance.

6. Your employer also has a statutory responsibility to assess all risks to both yourself as an employee and to other who may be affected by or arising from their operations. This duty is found within the Management of Health and Safety at Work Regulations (1992). This risk assessment must be up to date and relevant to the situation, in writing and provided to you on request prior to you commencing duties.


I trust that the above is useful information and that you will make every effort to ensure that it is brought to the attention of our members as a matter of some urgency.


Legal Director

March 2010