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Legal Eagle

Equity

Q: Union help with a non-union contract

I have signed a non-union contract. As a fully paid-up member, can I expect any help from my union in the event of problems arising?

A: The answer to your question must depend on which union is involved (Equity, BECTU, PACT, Musicians' Union or whichever), and whether the other party to your contract (producer or theatre manager) is a member of an organisation, such as SOLT, TMA, VAEC or ITC, with which your union may have entered into a collective bargaining agreement regarding minimum rates of pay and other terms and conditions of engagement on behalf of their respective members.

It will also depend on whether the particular problem concerned relates to a point which would have been covered by a standard union contract but instead has arisen due to a discrepancy between that and the non-union form. After all, if unions go to a great deal of trouble to agree minimum contract terms with employer organisations on behalf of their members, the union can hardly be blamed if it is less than enthusiastic about dealing with a contractual problem of a maverick member which would not have arisen if that member had not acted in defiance of what his own union had negotiated and agreed on his behalf. That said, you should nevertheless refer to your union rules as to the extent to which you may be entitled to legal advice and assistance from your union.

If the other contracting party is not a member of an organisation which has a collective bargaining agreement with your union, then obviously your union is likely to be more ready to help, particularly where, if you wanted or needed the work concerned, you had no alternative but to accept the contract in the form in which it was offered to you. Union officials can be expected to understand such constraints and take account of them. They would be able to put pressure on the other party to behave reasonably, and the possibility in an extreme case of a boycott by union members, though not openly expressed, can be a very powerful weapon indeed.

The standard collective bargaining agreements between trade unions and organisations representing 'employers' contain detailed provisions for settling disputes between their respective members regarding contractual matters, and it follows that unions are more ready to assist members whose contracts contain such provisions, relating to the procedures with which they are familiar.

If the other contracting party is, or was, at the relevant time, a member of an organisation which had entered into a collective bargaining agreement with your union but has chosen to ignore it by imposing a non-union approved contract on you, despite initial resistance by you, then you should certainly be able to get your union to intercede on your behalf, and indeed it may be able to arrange for the employer organisation to discipline its member, or it may be able to initiate conciliation procedures under the rules of the appropriate theatre council. In the final analysis, individuals and companies who are members of a trade union or ,employers' organisation and who act in breach of its rules may be fined or suspended or expelled if the circumstances warrant it. It is the absence of equality of bargaining power between the individual contracting parties, which is the very foundation of and justification for collective bargaining agreements between representative bodies on behalf of their members.

Notwithstanding the above, your legal rights will still be dependent on the terms of the contract with the other party concerned.

First published May 1999