Extra information on the ballot paper
[ch 11: page 66]Unions may be able to use the new requirement to include a “summary” of the dispute on the ballot paper (see page 33) to their advantage, but it also presents a range of new problems.
In particular, the requirement may produce more injunction applications, with employers questioning the existence of a “trade dispute” between the parties, arguing that a fast-moving trade dispute has changed or moved on, or that the dispute has not yet crystallised (see Chapter 3).
In addition the “detailed crystallisation” of the matters in dispute required on the ballot paper, says Bogg, could lead the union to adopt an entrenched bargaining position, fearing that any compromise could be used by the employer to cast doubt on the original mandate.
However, used wisely, this new requirement may help in identifying a clearly defined issue around which members can engage, which is likely to be a key part of any successful campaign strategy.