Even the Odds

Here's my response to a reader who contacted me over dispute his wife is having with her trade union - over equal pay.

Essentially, the woman (a long standing union member) was told that she had 'missed the boat' on equal pay and that the union would not take up her case - even though at face value it seemed like a perfectly good claim.

Now, I've written about this problem many times on the blog site - but one of the main problems that people face(assuming they have a credible case) is that trade unions are both 'judge and jury' when it comes to dealing with complaints from ordinary members.  

The only appeal is an internal one and unlike in most other walks of public life - a union member who feels aggrieved cannot take their case to some form of independent adjudication.

Which is something that you would think the trade unions would support - since they support it everywhere else - but they don't.

And like so many issues to do with trade unions - which are terribly inward looking and conservative organisations in my experience - reform is likely to come from outside the movement rather than from within,  as it did in relation to strike ballots, for example.

"Dear B

I am sorry to hear about your wife's terrible experience with her trade union over Equal Pay.

Unfortunately, I have heard the same story many times before - where the union claims to have written to all of its members and done all in its power to encourage members to pursue equal pay claims against their employers.

In my experience of talking to ordinary union members, and also many union stewards, I am told that the trade unions never really pulled out all the stops over equal pay and left many of their members high and dry, even though they had perfectly good claims. What seems to be happening now is that the unions are trying to re-write history to cover up their embarrassment and lack of activity over equal pay.

So I would complain straight to the union's general secretary and ask the union to confirm when members were written to, by whom and I would ask to be provided with a copy of this letter. I would also ask for a copy of any adverts that the trade union claims to have placed explaining members' rights in relation to equal pay, in local newspapers and suchlike.

What makes me laugh is that the trade unions don't behave this way when it comes to other big issues, of course - when it comes to strike ballots, the Political Fund Ballot or in relation to pay negotiations, for example, all members are involved - they don't have to 'opt in' which seems to be what the unions are saying when it comes to equal pay. 

But why? Because that is the obvious question to ask - why were the unions so reticent when it came to taking up equal pay claims on behalf of all of their eligible members? In my view, the answer is that in far too many cases the unions were too close and too cosy with the employers.

As well as complaining to the union general secretary,  I would enlist the support of your local MSP. If that person is a Labour MSP, you may find them reluctant to criticise the trade union because of the close Labour/union links in which case you may wish to approach an MSP from another party who is prepared to call a spade a spade.

Finally, I would just say that if there trade unions were independently regulated your wife would have a much better crack at getting a fair hearing over her complaint. Banks, local councils, the NHS, the press and media teachers, doctors, lawyers, nurses and Property Managers are all independently regulated these days - but not trade unions themselves, so the little guy cannot appeal to independent adjudication in the event of a dispute. You may wish to take that issue up with your MSP as well. 
  

Good luck.

Mark Irvine "