Rights of Trade Union Members

While we acknowledge the importance of a trade union and the duties they perform, to a certain extend they are regulated and rules that guide their day-to-day services through enforcements of a rule book. An irregularities of any kind will be delt with the statutory measures which are already in place. Therefore members in relation to the rules relating to discipline and execution and expulsions all members must rely on the common law to enforce any other rule in the rulebook.

Understanding the whole rule book concept might be a stretch, however the rule book forms the contract between the individual member and union, which will not always provide a solution. Rather, the trade union member is treated in a similar way to a shareholder in a company and as such these solutions against the union are similar to those imposed against incorporated associations.

Unions, therefore however summing-up the whole proposition as an entity only exists on the basis of the initial statutes, its legal capacity to act comes from its rules comprehensively. Optimism discussed further exemplifies the statutes lay down when a union cab act then should the union act without fulfilling the requirements it has the capacity to do so and as such its actions are ultra vires(beyond the powers).

In cases where union members fail to adhere to these rules and regulations there will be consequences and repercussions mainly in the form of a disciplinary sanction. Legislation however encourages unions must comply with the natural rules of justice when exercising these sanctions against any member;

• Notice - adequate time frames as and when they are supposed to appear for their hearing.
• Opportunity to pt up case - to enable appropriate representations and not to answer under duress(as a matter of speech).
• Unbiased hearing - hearing should not be one sided and fair to say the least.
• Representation - the current rules do no specifically state that a member is allowed legal representation but you can always ask as cases differ from company-to-company.

Dismissals differ from situation to situation as we can clearly see below-;

• Action Short of Dismissal
• Industrial Action
• Industrial Action and the Contract of Employment
• Go slow
• Work to rule
• Overtime Ban
• Strike without notice
• Strike with notice
• Trade dispute

Extensive research and schools of thought have presented some very interesting study topics that explains the complexities of different kinds of dismissals with interesting perspectives psychologically. http://www.adviceguide.org.uk/scotland/work_s/work_work_comes_to_an_end_s/dismissal.htm