Trade Union Bill

Amendments
to be moved
in committee

Clause 3

LORD STONEHAM OF DROXFORD

BARONESS BURT OF SOLIHULL

 

Page 2, line 24, at end insert—

“(2G)    The power to make regulations under subsection (2D) ceases to
have effect after the first such regulations have been approved by
each House of Parliament.”

LORD STONEHAM OF DROXFORD

BARONESS BURT OF SOLIHULL

LORD OATES

 

The above-named Lords give notice of their intention to oppose the Question that Clause 3
stand part of the Bill.

After Clause 3

LORD STONEHAM OF DROXFORD

BARONESS BURT OF SOLIHULL

 

Insert the following new Clause—

“Voting procedures in trade union ballots

(1)     For the purposes of Part V of the 1992 Act, trade union members shall be
permitted to vote—

(a)   by electronic means, or

(b)   via a ballot taking place at their place of work,

with effect from the coming into force of sections 2 and 3.

(2)     In this section “electronic means” means such electronic means, including
means of secure voting electronically in the workplace, as are determined
by the union and, in a case in which section 226B of the 1992 Act
(appointment of scrutineer) imposes an obligation on the union, are
confirmed by the person appointed in accordance with that section, before
the opening day of the ballot, as meeting the required standard.

(3)     In this section “a ballot taking place at their place of work” means the
provision of paper ballots to be completed and returned to a designated
point within a workplace by those union members entitled to vote in the
ballot, following a process determined by the union and, in a case in which
section 226B of the 1992 Act imposes an obligation on the union, confirmed
by the person appointed in accordance with that section, before the
opening day of the ballot, as meeting the required standard.

(4)     Where a union determines to conduct a ballot by the mechanisms set out in
subsection (1)(a) or (1)(b) and, if applicable, as confirmed by the person
appointed under section 226B of the 1992 Act as meeting the required
standard as provided for in subsection (2) or (3), the means of voting in the
ballot shall also include postal voting if so determined by the union and, in
a case in which section 226B of the 1992 Act imposes an obligation on the
union, confirmed by the person appointed in accordance with that section
as being reasonably necessary to ensure that the required standard is
satisfied.

(5)     In relation to the ballots referred to in subsection (1)—

(a)   the employer shall be under a duty to co-operate generally in
connection with the ballot with the union, which shall include not
undertaking surveillance of, intercepting or otherwise interfering
with any communications between the union and its members, or
with any person appointed in accordance with section 226B of the
1992 Act; and

(b)   every person who is entitled to vote in the ballot shall be permitted
to do so without interference or constraint imposed by any
employer of the union’s members, or any of that employer’s
employees or any person on its behalf.

(6)     Where in any proceedings an employer claims that a union has failed to
comply with any requirement in section 226 of the 1992 Act (requirement
of ballot before action by trade union), the union will have a complete
defence to those proceedings if the employer has failed to comply with any
part of its duty under subsection (5)(a) or it, or any of its employees or any
person on its behalf, has imposed any interference or constraint of a type
referred to in subsection (5)(b).

(7)     In section 230 of the 1992 Act, omit subsection (2).

(8)     In the 1992 Act, after section 233 (calling of industrial action with support
of ballot) insert—

“233A           Definition of voting paper

(1)     For the purposes of this Part “voting paper” may include an
electronic voting paper.””

Clause 9

LORD STONEHAM OF DROXFORD

BARONESS BURT OF SOLIHULL

 

Page 4, leave out lines 36 to 38 and insert—

“(1)     In order to facilitate a picket under section 220, a trade union may
choose to take the actions specified in subsections (2) to (8).

(1A)    Failure to take actions specified in subsections (2) to (8) does not
make any picket conducted under section 220 unlawful.”

 

Page 4, line 39, leave out “must” and insert “may”

 

Page 5, line 1, leave out “must” and insert “may”

 

Page 5, line 4, leave out “must” and insert “may”

 

Page 5, line 13, leave out “must” and insert “may”

 

Page 5, line 14, leave out “must” and insert “may”

 

Page 5, line 19, leave out “must” and insert “may”

 

Page 5, line 20, at end insert—

“( )     Subsections (2) to (8) may be referred to as “the Voluntary Code”.”

Clause 13

LORD MENDELSOHN

 

Page 11, line 4, at end insert—

“( )     None of the provisions of this section shall apply to services the
provision of which is devolved wholly or partially to the Major of
London or local authorities in England.””

Clause 18

LORD STONEHAM OF DROXFORD

BARONESS BURT OF SOLIHULL

LORD OATES

 

The above-named Lords give notice of their intention to oppose the Question that Clause 18
stand part of the Bill.

Schedule 1

LORD STONEHAM OF DROXFORD

BARONESS BURT OF SOLIHULL

 

Page 19, line 6, at end insert—

“( )     Where a Certification Officer appoints a person or persons
who is or are not a member of the Officer’s staff as an
inspector, the Certification Officer must have regard to—

(a)   the proportionality of making such an appointment to
investigate the suggested failure to comply,

(b)   the cost of appointing the person or persons, and

(c)   the impartiality of the person or persons.”

Schedule 2

LORD STONEHAM OF DROXFORD

BARONESS BURT OF SOLIHULL

 

Page 21, line 37, leave out sub-paragraph (2)

 

Page 23, line 38, leave out paragraphs 5 and 6

 

Prepared 20th January 2016