ANNEX II (continued)
Letter from the General Secretary of the Amalgamated
Engineering and Electrical Union (AEEU) to the Clerk of the Committee
I set out below the position of the Amalgamated Engineering and
Electrical Union regarding i) Re-authorisation requirement and
ii) Notification of Increases in Deductions.
i) Re-authorisation Requirement
While the Amalgamated Engineering and Electrical Union supports
the principle of members choosing whether or not they wish to
continue paying subscriptions, we note difficulties in members
inadvertently failing to return their re-authorisation before
the expiry of the authorisation period, if at all.
However, it is difficult to calculate exactly the number of members
that have been lost by the AEEU as a result of problems stemming
from the re-authorisation process. For a number of reasons, the
precise amount cannot be calculated, not least the fact that members
that might not re-authorise membership may do so for reasons other
than those connected with the re-authorisation process itself.
But the AEEU does recognise the problem, as the union did in
its original response to the consultation document.
ii) Notification of increases in deductions
The Amalgamated Engineering and Electrical Union does notify its
members of increases in union subscriptions. Members are notified
in advance of increases through the principal AEEU journal, Union
News.
However, it should be noted that, as a result of legislation,
there does exist an anomaly. If union subscriptions are levelled
as a percentage of a member's salary, there is no obligation to
notify members of subscription increases resulting from an increase
in salary. The percentage remains the same while the subscription
rises. Clearly, the Deregulation Committee should consider this
anomaly.
20 January 1998
Letter from the Clerk of the Committee
to the Senior Researcher of the Graphical, Paper and Media Union
The Deregulation Committee has begun its consideration of the
Deregulation (Deductions from Pay of Union Subscriptions) Order
1998
(i) Re-authorisation Requirement
One suggestion that was made in the course of the consultation
process was that the requirement for re-authorisations every three
years prevented workers continuing to pay union subscriptions
unwittingly since they would regularly be put in a position of
deciding whether they wanted to continue paying their union subscriptions
by check off if at all. However, the point was also made by UNISON
that the re-authorisation process had lead to numbers of workers
inadvertently falling out of union membership because they failed
to return their re-authorisation before the expiry of the authorisation
if at all.
You noted in your response to the consultation document that the
re-authorisation process posed serious problems for numbers of
your members, particularly those with literacy or language difficulties.
The Committee wish to know whether you suffered a drop in membership
as a result of the re-authorisation processes which were carried
out, and if so, what proportion of individuals who dropped out
of union membership subsequently re-joined.
(ii) Notification of Increases in Deductions
Concerns were raised at the Committee's meeting on 13 January
regarding the provision to remove the requirement for employers
to notify workers who used check off of increases in deductions.
It was suggested that, as a result, there would be numbers of
workers who were not informed in advance that deductions from
their pay for union subscriptions were being increased. You note
in your response to the consultation document that unions invariably
inform their members of increases in subscriptions. The Committee
would like to know how the Graphical, Paper and Media Union carries
out this process.
16 January 1998
Letter from the Senior Researcher
of the Graphical, Paper and Media Union to the Clerk of the Committee
With regard to the first question you raise, the GPMU does not
have a record of the exact number of members who left the union
as a direct result of the re-authorisation process or the number
of individuals who dropped out of union membership who subsequently
re-joined. It would be particularly hard to establish these figures
at this time since the exercise of ensuring members completed
the re-authorisation requirements was largely conducted at branch
and chapel level within the GPMU. A great deal of staff time
and effort was devoted to ensuring that any membership drop was
minimised and examination of the trend in GPMU membership figures
before and after the re-authorisation process indicates that this
was largely successful. The GPMU is obviously concerned at the
loss of members for whatever reason but, as I stated in my letter
to Ms Jenny Thomas dated 10 October 1997, our main objection to
the requirement of a three-yearly re-authorisation for check-off
purposes is the unfair, unnecessary and bureaucratic burden it
imposes upon trade unions, trade union members who pay subscriptions
via check-off and employers who operate check-off.
You also asked for information on how the GPMU informs members
of increases in membership subscriptions. This process begins
with the publication of the GPMU Rule Book which stipulates the
basic weekly contribution payable by members through their respective
branches and the dates and amounts of any future increases. The
current Rule Book (published in 1996) states that the basic contribution
shall be increased by 10p per week on the first Monday in April
of each year. Shortly before that date a circular is sent to
all GPMU branches confirming the increase will take place and
this, together with any additional increases introduced at branch
level, is communicated to GPMU chapels. The chapels are then
able to inform GPMU members of the total increase whether they
pay their subscriptions via check-off or use alternative means
such as direct debits.
21 January 1998
Letter from the Clerk of the Committee
to the Industrial Relations Directorate, Department of Trade and
Industry
The Committee asked Rowley Ashworth Solicitors for their comments
on the arguments put forward in the Explanatory Memorandum on
the need for the transitional arrangements. I enclose a copy of
their letter to the Committee of 19 January. The Committee would
be grateful for your comments on the points raised.
At its meeting today, the Committee noted Rowley Ashworth's argument
that the wording of authorisations to deduct union subscriptions,
even those given after the requirements for re-authorisation came
into force in 1993, indicated that authorisation was already
being given by workers for an indefinite period. If the requirement
for re-authorisation every three years were to be lifted then
the authorisation given would become indefinite once again. As
a result, it would appear that there is no need for the transitional
arrangements proposed. The TUC reported to the Committee that
it was not aware of any current authorisation forms that referred
to a three year limit.
It was suggested that instead of the transitional arrangements
a requirement could be placed on unions to notify their members
- possibly in the ways currently used to notify members of increases
in subscriptions - of the fact that their authorisations for check
off deductions were now for an indefinite period. Such notification
could be given through union journals or newsletters.
The Committee repeated at its meeting today the concern expressed
in its letter of 14 January that, should the transitional arrangements
be found to be necessary, the prescribed notice should be made
simpler. Further to your request of 20 January that the Committee
highlight the areas of the notice that were unnecessarily complicated,
I enclose a suggested simplified draft. The Committee would be
most grateful for your views on this suggested form. It would
also be grateful for your views on Rowley Ashworth's suggestion
that the notice simply advise workers that check off will continue
indefinitely and without prior notice of any increases unless
the worker gives notice to the employer to terminate deductions.
SCHEDULE
Article 3
FORM OF NOTICE TO BE GIVEN UNDER ARTICLE 3(2)
DEDUCTION OF TRADE UNION SUBSCRIPTIONS FROM PAY
Following the coming into force of the Deregulation (Deduction
from Pay of Union Subscriptions) Order 1998 you no longer need
to re-authorise payments of trade union subscriptions by "check
off" (deduction from pay by your employer) every three years
and your employer need not give you notice in writing of any increase
in your subscription.
If you started paying union subscriptions by check-off before
[date of coming into force of 1998 Order] and are content for
these new arrangements to apply to you, you need do nothing.
If, however you want the previous arrangements to continue to
apply to you, you must complete the form below and return it to
[name and address of employer] within fourteen days of your receipt
of this notice.
Name...........................................................................................
In accordance with the Deregulation (Deduction from Pay of Union
Subscriptions) Order 1998, I give notice that any authorisation
of the deduction of trade union subscriptions from my wages is
to continue to be treated as ceasing to have effect three years
after it was given and as authorising increases in the amount
deducted only where my employer has given me prior written notice
as required by section 68 of the Trade Union and Labour Relations
(Consolidation) Act 1992 (as substituted by section 15 of the
Trade Union Reform and Employment Rights Act 1993).
Signature.....................................................................................
Date............................................................................................
27 January 1998
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