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by Munro Research

Transport Strikes (Minimum Service Levels) Bill


Official Summary

To make provision about minimum service levels in connection with the taking by trade unions of strike action relating to transport services.

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Overview

This bill aims to establish minimum service levels during transport strikes in the UK. It seeks to prevent significant disruption to essential transport services by requiring unions and employers to agree on minimum service levels during strike action, or face penalties.

Description

The bill amends the Trade Union and Labour Relations (Consolidation) Act 1992. It introduces the concept of "minimum service levels" for specified transport services, to be determined through agreements between employers and unions or, failing that, by the Central Arbitration Committee (CAC). If a strike occurs despite the existence of a minimum service level agreement, trade unions risk losing legal protection against employer action unless they take "reasonable steps" to ensure compliance. The Secretary of State has the power to specify which transport services are covered and set minimum service levels. Non-compliance can result in penalties imposed by the Employment Appeal Tribunal.

Key Aspects:
  • Minimum Service Specifications: Employers and unions must agree on minimum service levels during strikes. If they fail to do so, the CAC decides.
  • Work Notices: Employers must issue notices specifying workers needed to maintain minimum services. Unions risk losing legal protection if they fail to ensure compliance.
  • Penalties: Non-compliance with minimum service levels can lead to penalties issued by the Employment Appeal Tribunal.
  • Secretary of State's Powers: The Secretary of State has significant powers to define specified transport services, set minimum service levels (if no agreement is reached), and make regulations relating to the bill's implementation.
  • Central Arbitration Committee (CAC): The CAC plays a crucial role in determining minimum service levels when employers and unions can't reach an agreement and in enforcing the requirements of the Act.

Government Spending

The bill doesn't directly provide figures for increased or decreased government spending. However, the enforcement mechanisms (penalties for non-compliance) and the potential need for increased administrative resources within government bodies (Department for Transport and the CAC) could suggest increased spending.

Groups Affected

  • Trade Unions: Could face legal challenges and penalties if they don't ensure their members adhere to minimum service levels during strikes.
  • Transport Workers: May be required to work during strikes to maintain minimum service levels.
  • Transport Employers: Have a role in negotiating minimum service levels and may face penalties for non-compliance.
  • The Public: May experience less disruption during transport strikes, although not necessarily the complete absence of disruption.
  • Central Arbitration Committee (CAC): Will have an increased workload in mediating disputes and issuing determinations.
  • Employment Appeal Tribunal: Will be involved in resolving appeals and implementing penalties.
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