ALurker said
Dave - my contract clearly states both of the above by express reference
The express reference has to be in the AGREEMENT, AL.
Not your contract
In the AGREEMENT. The actual written word of the AGREEMENT that your contract refers to.
Your contract refers to agreements being part of the contract. This may not be conclusive. You need to know the actual wording of the agreement..
Each and every agreement needs to include the phrase "and this shall be legally binding" or similar.
I don't know a clearer way of saying this.
Sorry to quote it again but please read it carefully!
Whether agreement intended to be a legally enforceable contract.
— (1) A collective agreement shall be conclusively presumed not to have been intended by the parties to be a legally enforceable contract unless the agreement—
(a)
is in writing, and
(b)
contains a provision which (however expressed) states that the parties intend that the agreement shall be a legally enforceable contract
Right, it's 4am here & I'm off to bed but please bear in mind this.
The dozens of posters here are not trying to prove that they're right & you're wrong - in the main I think they're trying to get you (and others like you who are willing to engage) to ask questions of your union.
Then apply the same rigor to the Unions answers as you apply to ours, here.
eg: Look at Unite's answer to the question "Can BA dismiss you for striking?"
Ask yourself if the answer is full and frank. Does it mention that you don't have to be rehired and that the absolute maximum compensation is around 70grand? But this is a fact.
Has Unite ever done an independent poll of the members, or even an online poll so that it really knows the will for a strike? Are you happy with this?
On a show of hands BASSA passed the motion that it would not negotiate on permanent savings. That still stands. Are you happy with this?
Unite have stated that there will be no negotiation with BA until the impositions have been reversed. But BA cannot comply even if it wanted to - these crew have left the company. Are you happy with this non-negotiating stance?
Have BASSA explained why the new LHR crewing levels have health & safety implications at LHR, when the same BASSA approved the same crewing levels at LGW and deemed them adequate?
There is clearly a grey area in the law here, and I'm sure neither side is absolutely sure it will win.
Has Unite explained the implications of going on strike over imposition in Dec/Jan and then the Judge finding that the impositions are in fact legal in Feb?
Just ask some questions and take a good long look at the answers to see if you're happy.
My own personal opinion is that you need a strong BASSA to survive this war to negotiate away New Fleet. THAT is the biggest threat to your career, and there's nothing in your contract or agreements to stop it (
afaik).
Night all.