Labour Research October 2001

Law Matters

Judges outlaw strike ballot

The Court of Appeal recently published its ruling in a case taken against the rail union RMT by the Midland Mainline train company. The Court upheld an injunction stopping the union from taking industrial action, even though a majority had voted for it. The ballot was ruled unlawful because some RMT members had not been sent ballot papers. The union had argued this was because it had not been aware that some workers were in the relevant grade and that others were in arrears with contributions and according to the union's rules should not be balloted. The Court ruled that this was irrelevant since it would be anticipated that all would have been called upon to strike and so they should have been balloted