I move amendment No. 13:
In page 7, lines 13 to 19, to delete the definition of "industrial action" and substitute the following:
" `major industrial action' means any action which affects, or is likely to affect, the terms or conditions, whether express or implied, of a contract and which is taken by any number or body of workers acting in combination or under a common understanding as a means of compelling their employer or to aid other workers in compelling their employer to accept or not to accept terms or conditions of or affecting employment and which has the effect of significantly disrupting the business;".
In reality this amendment deals with a very important section, section 14, which is the main section dealing with secret balloting. For example, there are five subparagraphs in section 14 (2). I will read the first which says:
(2) The rules of every trade union shall contain a provision that—
(a) the union shall not organise, participate in, sanction or support a strike or other industrial action without a secret ballot, entitlement to vote in which shall be accorded equally to all members who it is reasonable at the time of the ballot for the union concerned to believe will be called upon to engage in the strike or other industrial action;
The words "industrial action" appear twice in the subsection. In the definitions in section 8 it is said that:
"industrial action" means any action which affects, or is likely to affect, the terms or conditions, whether express or implied, of a contract and which is taken by any number or body of workers acting in combination or under a common understanding as a means of compelling their employer or to aid other workers in compelling their employer to accept or not to accept terms or conditions of or affecting employment;...
As a former shop steward it appears to me that this definition could be construed to mean that almost any industrial action would require a ballot, even localised conflicts or decisions which can arise from day to day in any workplace. That is why I seek, anywhere the phrase "industrial action" appears to amend it by the addition of the word "major" preceding it — which would then read "major industrial action". Then, in the definitions section I seek to amend the definition of "industrial action" to read "major industrial action", adding the words "which have a significantly disruptive effect on the business" or something to that effect. My concern is, that to require a secret ballot for any industrial action could be extremely restrictive of trade union rights and, in the end, be counter-productive. If one frustrates normal exchanges and avenues of conciliation in the workplace one could build up a great deal of frustration which could overflow into more serious problems. I would ask the Minister to consider deleting the phrase "industrial action", to be more precise in its definition or to accept my amendment.