Chapter 9 Self-test questions

. A trade union is, as a matter of law, not a legal entity in the way a corporation is. However, it has several attributes of a legal entity. Which of the following is not one of those attributes?

A union can be sued in its own name.

A union can sue in libel for damage to its reputation.

A union can make contracts.

A union can be prosecuted for criminal offences.

. Which of the following statements is not true?

Dismissal for being a trade union member is only automatically unfair if the union is independent and is recognized by the employer.

Dismissal for being a trade union member is only automatically unfair if the union is independent.

The right to time off for union activities only applies if the union is independent and is recognized by the employer.

An employer can recognize a trade union for collective bargaining whether the union is independent or not but only an independent trade union can apply for a declaration by the CAC that it is entitled to bargain with an employer.

. Which of the following is not an automatically unfair reason for dismissal under s 152 of the Trade Union and Labour Relations (Consolidation) Act 1992?

Dismissal for being a member of an independent trade union, or proposing to join such a union;

Dismissal for taking part in the activities of an independent trade union at an appropriate time;

Dismissal for making use of trade union services at an appropriate time;

Disciplining the worker for failure to follow works rules contained in a collective bargaining agreement.

. Which of the following is not a prohibited reason for detriment under s 146 of the Trade Union and Labour Relations (Consolidation) Act 1992, which protects employees against detriment by their employer for trade union activities?

Taking part in a strike.

Standing for election to a committee of an independent trade union.

Talking during a meal break to new employees about the benefits of joining an independent trade union

After permission has been granted by the employer for workers to use their work email accounts to discuss union-employer matters, emailing a fellow employee to complain that a supervisor is "unfair and useless".

. Which of the following is NOT a trade union duty for which union officials must be allowed paid time off work?

Negotiations with the employer that involve collective bargaining.

Attendance at the union's annual conference.

Performing functions the employer has allowed the union to perform on its behalf.

Training in industrial relations.

. Which of the following is NOT a substantive obligation of employers under the standard ICE provisions of the Information and Consultation of Employees Regulations 2004?

To inform and consult on adequacy of employee representation within the undertaking.

To inform and consult on the development of employment in the company, and on any anticipatory measures envisaged.

To inform and consult on decisions likely to lead to substantial changes in work organization or contractual relations.

To inform on the probable development of the company's economic situation.

. Which of the following is not a precondition to a CAC ballot under the statutory union recognition procedure in Schedule A1 to the Trade Union and Labour Relations (Consolidation) Act 1992?

The CAC must be satisfied that at least 10% of the workforce are members of the union in question.

The CAC must be satisfied that there is not already in force a collective agreement under which a union is recognized as entitled to conduct collective bargaining on behalf of any workers falling within the relevant bargaining unit.

The union and management have agreed on the composition of the appropriate bargaining unit.

The employer must have at least 20 employees.

. Which of the following will prevent a union from successfully achieving recognition under the statutory recognition procedure?

A substantial number of workers in the bargaining unit strongly resist recognition.

A majority ballot favours union recognition, but many members of the prospective bargaining unit do not vote, meaning only 35% of the bargaining unit voted in favour.

The employer refuses to negotiate with the union after a successful ballot.

The employer would prefer to negotiate with a different union.

. Which of the following is not an exception to the duty on employers to disclose to the union information helpful for collective bargaining under the Trade Union and Labour Relations (Consolidation) Act 1992, sections 181–185?

Information that has been communicated to the employer in confidence.

Information relating specifically to an individual.

Information the disclosure of which could cause 'substantial injury' to the employer's undertaking for reasons other than its effect on collective bargaining.

Information on the cost of wages in a given department or unit.

. Which of the following is correct?

If employees are employed on terms agreed between the employer and a union, it would be unlawful to offer five union members a higher salary in recognition of their exceptional skills

If employees are employed on terms agreed between the employer and a union, according to the Court of Appeal it would not be unlawful for an employer to offer employees who are union members a pay rise that had not been negotiated with the union unless the employer's purpose is to get out of union bargaining permanently in the future.

If a union has asked an employer for recognition for bargaining purposes but the employer has not yet agreed, it would be unlawful for the employer to offer employees who are union members a pay rise if they agree not to support the union's request for bargaining rights.

If employees are employed on terms agreed between the employer and a union, it would be unlawful for the employer to offer a union member a promotion without first consulting the union.

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