Chapter 12 Multiple choice questions

. Which official, created by statute, is responsible for certifying that trade unions are independent?

Home Secretary

Membership and Independence Officer

Certification Officer

Chief Secretary at the Department of Business Regulation

. What criteria are used to assess whether a trade union is independent?

Whether its name implies independence.

Its background and the way it organises and structures itself, including its finances.

The size of its membership.

Its future plans for co-operation with the employer.

. Are collective agreements legally enforceable?

Yes, otherwise they would be worthless.

No, they are never legally enforceable.

They are presumed not to be legally enforceable unless the parties agree otherwise.

Only those made with trade unions.

. Are employers obliged to provide information to trade union representatives for collective bargaining purposes?

No, because it would be unfair on the employer in the negotiations.

No, because there might be a lot of sensitive information included which the employer might not wish to be known.

Yes, if it is information that the employee representatives need to carry on collective bargaining.

Yes, but only if the union representatives agree to keep it secret.

. Are there occasions when employers are not required to provide information to employee representatives within the context of collective bargaining?

They do not have to provide any information which will hamper them in negotiations.

They are not required to provide information in a number of specified reasons such as if it is information that relates specifically to an individual unless he or she has consented to its disclosure.

They have to be very open or the negotiations will not be conducted between equal parties.

They do not have to provide information which would help the trade union case in the negotiations.

. Can an employer refuse to employ a trade union member because the employer regards them all as trouble makers?

Yes, an employer may take on or reject who they wish.

Only if they do not have any current trade union members.

Yes, if they have suffered from lots of industrial action from trade unions in the past.

No, it would be unlawful.

. What is the 'golden formula'?

A formula which describes how gold is made.

A formula for describing the best employers.

A formula which says that statutory protection in tort can only happen when the action is in contemplation or furtherance of a trade dispute.

A formula which says that statutory protection in tort can only happen when the action is in contemplation or furtherance of an employer's interests.

. Is it legal for a trade union to call together its workers in one factory and decide on a strike on the basis of voting by raising hands?

No, because all ballots have to be secret.

Yes, because it was open, fair, and honest.

No, because some people will be away and not be able to vote.

Yes, because this is the way that it has always been done.

. Is there an upper limit on the amount of damages that can be awarded against a trade union deemed liable for industrial action?

No.

Yes, £25,000.

Yes, £250,000.

Yes, £2,500,000.

. Which criteria must a judge take into account in deciding whether to grant an interim injunction against a trade union from taking industrial action?

Whether there is a serious question to be tried and where the balance of convenience lies.

Whether the trade union puts up a good case.

Whether the issue is serious enough.

How well supported the industrial action is.

Chapter 12 Multiple choice questions

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