Legal threat delays BBC ballot
An industrial action ballot of BECTU members in BBC Resources, due to begin on 12 July, has been postponed for one week after management threatened legal action against the union.
The threat of legal action was received by the union late on Friday 9 July, only hours before ballot papers were due to be mailed to BECTU members in Resources, asking them to vote for action over the European Working Time Directive.
Talks on the interpretation of the Directive, which last October introduced new rights to legal rest breaks, broke down without agreement at the end of June. Lawyers advised BECTU and the AEEU that they should conduct industrial action ballots before instructing members to stick rigidly to breaks of 11 hours between duties, and at least one day off in seven, or two days off in fourteen.
The necessary industrial action ballots, one in Resources Limited and another in Production Services, were intended to head off any technical complaint by management that the complex laws on industrial action had not been observed.
Nevertheless, Resources management have given written warning that they will be seeking legal advice on the potential work-to-rule by union members, and the ballots have been postponed until BECTU's lawyers have given an all-clear.
Despite the hold-up, BECTU is confident that the ballots will start on the new date of 19 July.
Until the ballots have been run members in BBC Resources are being advised to work as scheduled, but to refer to the union any rotas where:
- there is less than an 11 hour break between turns of duty
- one day off in seven has not be given
- more than an average of 48 hours per week has been worked over a 17 week period