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National Union of Rail, Maritime and Transport Workers v United Kingdom : ウィキペディア英語版 | National Union of Rail, Maritime and Transport Workers v United Kingdom
''National Union of Rail, Maritime and Transport Workers v United Kingdom'' () (ECHR 366 ) is a UK labour law case, concerning collective action and the right to take secondary action under ECHR article 11. It held that UK restrictions cannot be questioned on human rights grounds. ==Facts== Fastline Ltd, part of the Jarvis plc group, which also included Jarvis Rail Ltd that did rail engineering. Together the two subsidiaries had 1200 staff, and 569 were National Union of Rail, Maritime and Transport Workers (RMT) members. In August 2007, Fastline transferred 20 employees to Hydrex Equipment (UK) Ltd with terms preserved under TUPER 2006, though other Hydrex workers were paid less and unions had less influence there. In March 2009, Hydrex stated that it intended to make the transferred employees’ terms the same as others, due to difficult market conditions, reducing salary by 36-40%. RMT organised a strike ballot among the 17 workers, who voted in favour on 6 to 9 November. They organised pickets on sites where they worked. The employer warned this was unlawful, not near an employer’s premises. A second strike on 18–20 November was postponed when Hydrex said it would talk. Nine votes cast rejected a new offer, but a strike was ineffective against Hydrex, and RMT wished to organise a larger strike across the company: Jarvis employees would have supported the strike. Both Jarvis and Hydrex were put into administration in March 2010 and November 2011. Hydrex was bought by another company, sold on again in November 2012. EDF Energy Powerlink Ltd operated electric power on the Underground, with RMT recognised, and 270 staff at three sites, Tufnell Park with 155: 52 RMT members among them. The company should not have known which were union members because it did not deduct union subscriptions from staff wages. RMT called a strike after June 2009 negotiations on pay and terms failed, and gave the ballot notice on 24 September, describing the worker category as ‘Engineer/Technician’. The day after, the company wrote saying it did not recognise the ‘technician’ category, saying that the notice did not therefore fulfil the statutory requirements. RMT said it had. The company filed for an injunction, granted by Blake J on 23 October 2009. During permission for appeals by 26 January 2010, the dispute was resolved, after RMT got job descriptions and gave notice of a new ballot in support.
抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「National Union of Rail, Maritime and Transport Workers v United Kingdom」の詳細全文を読む
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