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staffie32  
#1 Posted : 01 March 2011 16:40:10(UTC)
Rank: Forum user
Staffie32

To all the good people of IOSH land I am looking for a little clarity really. Let me set the scene A Manufacturing company with 700+ employees of which 50% are union members and 50% are non union memebers. Our union members are well represented by 8 trained union appointed safety reps We are in the process of electing Roes for the non union group or rather they are in the process of election -- facilitated by us. A question: Can a union memeber represent the non union group ???? and vice versa a non union member represent a union group???? I have my opinions from reading though both sets of regs but there has been some debate and i thought i would put it out there for comment.
Canopener  
#2 Posted : 01 March 2011 16:45:33(UTC)
Rank: Super forum user
Canopener

I believe that an ROES can 'represent' the interests of all. A union appointed safety rep will normally only represent the interests of their members but they can with agreement (by the union - local branch or whatever) represent the interests of non union members, but there is likely to be a 'limit' to the level of support provided.
i.butcher  
#3 Posted : 01 March 2011 17:02:16(UTC)
Rank: New forum user
i.butcher

I consider that as they members and nonmembers will work alongside each other that the elected union ones could repesent the views of the whole. The only negative side that yiu should watch is the trade union members attitude. After all accidnts dont consider union membershpe they as we know just happen and this is what I used to get a local agreement in the workforce that has worked well in the main.Hope this helps you fght the good fight.
Ron Hunter  
#4 Posted : 01 March 2011 17:03:05(UTC)
Rank: Super forum user
Ron Hunter

Short answers in my opinion and personal experience are Yes and Yes. I have in the past been elected as ROES when I and many of the colleagues I represented were Union Members. Not unusual though for TUs to move in quick to this sort of territory and appoint someone in that circumstance! Also not unusual for local agreement of TU reps representing views of non-union employees. Some unions are easy going on this, whereas others will rail at such a concept. Middle line of difficulty though is the TU people saying they'll represent and not actually delivering for non-Union Members. As it is the duty of the employer to ensure adequate consultation you would really have to measure this. Of course there is always the third option of direct consultation with employee groups! Nothing wrong with ROES, or indeed ROES and TU reps sharing a consultation table. Biggest disadavantage though is lack of training and lack of access to training for the ROES.
Captain Safety  
#5 Posted : 02 March 2011 12:50:52(UTC)
Rank: Forum user
Captain Safety

Ron touched on a valid point, as union safety reps are usually well trained, experienced, have support and covered under legalisation, were a management elected spokesperson/safety rep find it difficult to obtain training, not covered by legalisation and have limited support and access to current matters/legal changes updates. When a local agreement is reached that applies to all employees for example T&C's, so the more on the negotiation panel the more input, but if the panel is solely made up of management elected persons either safety or spokesperson decisions are going to be biased in the company/management favour so unlikely to be welcome by shopfloor employees.
Ron Hunter  
#6 Posted : 02 March 2011 14:04:56(UTC)
Rank: Super forum user
Ron Hunter

Just to make clear Captain S: ROES must be elected by their fellow employees - not selected by Management (1996 Consultation Regs).
Captain Safety  
#7 Posted : 02 March 2011 14:23:59(UTC)
Rank: Forum user
Captain Safety

Ron the elected person is by their employees but is on the majority of occasions put forward by management, reasons being this person is sometimes buffer between frontline employees and management and put forward as a good idea for industrial relations especially in non-unionised organisations.
staffie32  
#8 Posted : 02 March 2011 15:19:19(UTC)
Rank: Forum user
Staffie32

Just to keep this clear The Roes will be elected by their fellow employees ( non union group ) The company i work for has indicated that it will extend the offer to allow work place inspection and attendance at committee meetings etc to bring them into line with the rights / functions of our union colleages. The company if also offering the NEBOSH national general cert. as part of their training package. The question was really that is it legal for a roes to represent the union group or legal for a union member to represent the non union group ?? My understanding is that it is OK however there has been debate over the exact wording / intention of the SRSC Regs and HSCE regs
Canopener  
#9 Posted : 02 March 2011 15:44:06(UTC)
Rank: Super forum user
Canopener

I am not sure if I am reading the above wrong, but, an ROES is 'covered' by legislation. We essentially afford ROES much the same 'status' as a union appointed H&S rep.
Fletcher  
#10 Posted : 02 March 2011 18:08:23(UTC)
Rank: Super forum user
Fletcher

Staffie, My last company had union and non-union employees. The union appointed Safety Reps represented all employees in any matter concerning safety/health. This was by management, union and non-union employee agreement however there was a clause that allowed for non-union employees to elect their own representatives if they wanted at a time in the future by following a process. There was also a clause that allowed for the union to stop representing the non-union employees again following a process. For our 400 employees the system worked but our sister company (3000+ employees) had both Safety Reps & Representatives of Safety elected by their respective union or non-union colleagues. The main benefit for the corporate company was that they consulted with their employees and could demonstrate their flexibility in complying with both sets of regulations in two different ways each suited to the particular circumstances. Hope this helps Take Care
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