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B1296 - Essential Public Services Industrial Action and Relations Bill 2017 Watch

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    B1296 - Essential Public Services Industrial Action and Relations Bill 2017, TSR Ukip

    A Bill to prohibit employees of The Fire Services within the United Kingdom, The National Health Service, London Underground and other parts of the Transport for London local authority, Met Office, Highways England, National Crime Agency, MI5, MI6, Metropolitan Police Service and other Police constabularies within England and Wales, Nuclear Power plants within the United Kingdom and the Royal Mail from taking part in strike action unless there are safety concerns and simultaneously a majority(50%+1 of the union votes in favour). The bill will make it illegal for any trade union to engage in a strike involving any employees of an essential public service , and no company employee or employee organisation of an essential public service shall induce, or attempt to induce any employee of the Company of an essential public service to withhold his/her services unless it is for safety reasons simultaneously a majority(50%+1 of the union votes in favour). People guilty of breaking this law( sections 3.1-3.4) shall be liable to a fine up to £200.

    BE IT ENACTED by The Queen's most Excellent Majesty, by and with the advice and consent of the Commons in this present Parliament assembled, in accordance with the provisions of the Parliament Acts 1911 and 1949, and by the authority of the same, as follows:-

    Section 1: Definitions
    1) This Bill may be cited as the “Essential Public Services Industrial Action and Relations Bill 2017”.
    2) “the Company” is the essential public service in question
    3) ”relevant department” means the department responsible for overseeing that service.
    4) ”the Ministry” means Department of Justice.
    5) The term “trade union” means any employee organisation where the object, or one of the objects, is to control or influence the pay, pension or working condition of any persons under the employment of the Company.
    6) The term “strike” means any concerted stoppage of work or slow down by public employees.

    Section 2: Right of Organisation
    Company employees shall have the right to refrain from joining, or participating in, any employee organisation of their choosing.

    Section 3: Prohibition of Strikes
    1) The Fire Services within the United Kingdom, Essential members of the National Health Service, London Underground and other parts of the Transport for London local authority, Met Office, Highways England, National Crime Agency, MI5, MI6, Metropolitan Police Service and other Police constabularies within England and Wales, Nuclear Power plants within the United Kingdom and the Royal Mail shall be declared an “essential public service”
    2) It shall not be lawful for any trade union to engage in a strike involving any employees of an essential public service , and no company employee or employee organisation of an essential public service shall induce, or attempt to induce any employee of the Company of an essential public service to withhold his/her services.
    3) A strike may be deemed lawful if it exclusively regards issues of safety, and 50%+1 of eligible trade union members vote in favour. If it is uncertain whether such strike may be deemed lawful, the matter will be decided by the relevant Secretary of State.
    4) For the purpose of this section, an employee who is absent from work without permission, or who abstains wholly or in part to his/her full duties, on the date or dates when a strike has been declared by an official union spokesperson, shall be presumed to have engaged in such strike.
    5) In the event a violation of this section has occurred, the accused person or persons will be guilty of a misdemeanour, and on conviction, liable to a fine not exceeding £200 per day of strike action.

    Section 3: Right to Binding Pendulum Arbitration
    1) If a dispute cannot be settled between a trade union and the company after a period of 14 days, the trade union has a right to request a binding pendulum arbitration.
    2) The arbitration will be conducted by an arbitration panel consisting of one member appointed by the trade union, one appointed by the essential public service, and the third being a qualified judge selected by the relevant department .
    3) Either party has the right to veto the appointment of the judge, a shortlist of appointees will be constructed by the relevant department and each party shall alternately strike from the list a name with striking order determined by lot, with the remaining candidate joining the panel.
    4) The member designated by the relevant department shall be chosen as chairman.
    5) Each of the respective parties is to bear the cost of its member appointed to the arbitration panel.
    6) The arbitration panel shall hold hearings on all matters related to the dispute.
    7) All matters presented to the arbitration panel for its determination shall be decided by a majority vote of the members of the panel.
    8) The arbitration panel shall make a just and reasonable determination of the matters in dispute. The panel shall consider, in addition to other relevant factors, the following:
    a. Comparison of the wages, hours and conditions of employment of the employees involved with the wages, hours, and conditions of employment of other employees performing similar services or requiring similar skills under similar working conditions and with other employees generally in public employment.
    b. The interests and welfare of the public and the financial ability of the public employer to pay.
    c. The welfare, current pay and working conditions of company employees.
    9) For the purposes of this section, a binding pendulum arbitration may only be requested when 50%+1 of eligible trade union members vote in favour.
    10) The panel must make a decision before a 14 day deadline. After which, the panel will dissolve.

    Section 4 : Repeals
    The Working Regulations Bill 2014 shall be repealed in its entirety

    Section 5: Short Title, Commencement and Interpretation
    This bill shall extend to the whole of the United Kingdom unless specified otherwise .
    This bill shall take effect immediately upon receiving royal assent.
    This bill shall be cited as The Essential Public Services Industrial Action and Relations Bill 2017
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    As a principle I've always opposed this sort of thing. No public service is "essential".

    Opposition is welcome.
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    Oh the formatting

    Royal Mail I dont see as an essential service.

    I dont like 3.10 - Sometimes disputes take a long time to be resolved, so I think the 14 days should be abolished.

    Some notes would be nice ie what does The Working Regulations Bill 2014 actually do?

    At the moment, Abstain

    EDIT: Met Office and possibly Highways England I do not see as an essential service
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    Courts should determine safety, not the Secretary of State. Why is London Underground essential but not Southern trains, or Merseyrail, or indeed the Glasgow Underground? I thought UKIP was going for the northern ex-Labour vote. Welsh roads and Scottish roads not essential, a road outside a school which will come under local authority control? Someone absent from work because of an accident at home on the same day or an illness can come under this Bill, as they have not sought employers permission.
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    The Royal Mail can't be limited in this fashion as it's private, and I also don't believe in restricting workers rights to strike so nay.
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    If you want to address the inconvenience of certain industries striking then put forward legislation that addresses the ailments that result in workers having to strike, not legislation that erodes the right to strike. Nay, unless there is a compelling enough case to make me think otherwise.
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    Workers (Especially those working in the areas highlighted in the motion, which is a problem in itself as it is almost impossible to define it as broadly as will be needed) strike for a reason. To merely neglect any reason they have for striking, and indeed inhibiting their right to strike, is not any solution to the issues this bill attempts to tackle.
    Can I ask what section 2 does? How can workers have the right to refrain from doing something, essentially having the right to do nothing? Perhaps I hve misunderstood, and am happy to be clarified.
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    Terrible formatting but it restricts the power of the oppressive and collectivistic unions.

    Aye.
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    Eh... This is hard. It is simultaneously a good and iffy bill at the same time. On the one hand, the 'essential public services' are necessary. However, it can also be argued on the contrary.
    The unions are quite oppressive at times, as said by Conner27 above.
    At the moment, I abstain.
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    Pretty sure I've already done something very similar to this, but better formatted.
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    Aye from me

    However as already said the formatting needs work and the Underground should not be included as an essential public service unless other rail operators are to
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    abstain
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    (Original post by Connor27)
    Terrible formatting but it restricts the power of the oppressive and collectivistic unions.

    Aye.
    (Original post by TheDefiniteArticle)
    Pretty sure I've already done something very similar to this, but better formatted.
    (Original post by hazzer1998)
    Aye from me

    However as already said the formatting needs work and the Underground should not be included as an essential public service unless other rail operators are to
    The formatting is better on the document in which the bill was originally submitted: https://docs.google.com/document/d/1...it?usp=sharing
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    Abstaining until Royal Mail is removed, but I am glad to see measures proposed to challenge the power of the trade unions.
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    This bill has entered cessation.
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    This bill has been withdrawn.
 
 
 
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