Renfrewshire Council could face a legal challenge over claims it threatened to remove workers from duties after they voted to go on strike.
Unite the union has confirmed it is “vigorously exploring” all legal avenues which, if successful, could force a substantial amount of compensation to the workers.
The row could also cause chaos at the upcoming council elections on May 5.
Members of the Unite union working at Renfrewshire Council rejected a pay offer from the local authority.
Tradespersons and apprentices working in Building Services, who are covered by the local authority craft agreement at Renfrewshire Council, then voted unanimously to back strike action.
When notified of the intention to strike by Unite’s members, the local authority’s management served notice that all craft workers would be removed from working during the forthcoming local government elections.
Unite’s members are normally responsible for setting up and dismantling the polling stations and were also due to deliver the ballot boxes to the count.
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James O’Connell, Unite industrial officer who is representing the Renfrewshire Council workers, said: “Unite’s members have unanimously backed a mandate for strike action.
“There is growing anger over how our tradespersons and apprentices working within Building Services are being treated. Renfrewshire Council’s decision to remove our members from performing their duties during the election will backfire on them.
“This ill-thought-out move could potentially cause chaos at the May 5 election and cost the council more in compensation than it would have taken to settle this dispute.”
According to Unite, the council’s move could well be illegal and in breach of the Employment Relations Act (1999). It believes that were a court to rule in favour of Unite, Renfrewshire Council could be forced to pay a considerable amount in compensation to the craft workers.
Renfrewshire Council also stands accused by the trade union of reneging on an agreed backdated pay award to July 2019.
Unite general secretary Sharon Graham said: “Renfrewshire Council should understand that Unite will not tolerate discriminatory treatment of our members and that we will not hesitate to challenge any such moves.
“Unite is vigorously exploring all legal options and our members at Renfrewshire Council have their union’s full support in fighting for better jobs, terms and conditions.”
A Renfrewshire Council spokesperson said negotiations were continuing.
He added: "A recent offer to our staff arising from these negotiations was agreed by Unite the Union and recommended for acceptance to their members, but was unfortunately rejected by the workforce.
"The election is delivered independently by Renfrewshire’s Returning Officer, with the council supporting its delivery. While Building Services staff continue to be involved in that process, any formal confirmation of notice to undertake industrial action could directly impact on the availability of Building Services staff to undertake their election duties as per previous years.
“We had hoped these negotiations could have been concluded, but the timing of the ongoing discussions, and specifically notification by Unite the Union of potential industrial action during a period which could directly impact on the election, means alternative contingency arrangements must be put in place to ensure the smooth running of the upcoming local government elections in May.
“The running of the local election for people in Renfrewshire must continue without interruption which has been fully explained to the union and it remains Renfrewshire Council’s firm commitment to continue positive negotiations with them to find an agreed position for our Building Services workforce as quickly as possible."
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