Royal Mail PLC Royal Mail seeks injunction - CWU ballot (7674S)
08 November 2019 - 8:00AM
UK Regulatory
TIDMRMG
RNS Number : 7674S
Royal Mail PLC
08 November 2019
Royal Mail plc
(Incorporated in England and Wales)
Company Number: 8680755
LSE Share Code: RMG
ISIN: GB00BDVZYZ77
LEI: 213800TCZZU84G8Z2M70
8 November 2019
Royal Mail seeks injunction due to potential irregularities in
CWU ballot, which would render it unlawful
Royal Mail plc (RMG.L) will today make an application to the
High Court for an interim order to injunct CWU with respect to its
recent postal ballot of Royal Mail employees for industrial action
('the ballot'). The Company believes there are potential
irregularities in the ballot, which would render it unlawful.
The Company is making this High Court application because the
integrity and legal soundness of any electoral process is vital.
This is particularly the case in relation to potential industrial
action around the General Election on 12 December 2019. Royal Mail
is also making this application because of the damage industrial
action would do to the Company and its customers in the run-up to
Christmas.
The Company has previously written to CWU on two occasions. It
provided CWU with the information on which this application is
based. Undertakings were sought from CWU that, given the clear
evidence of breaches of the Trade Unions and Labour Regulations
(Consolidation) Act 1992 ('TULRCA'), it would refrain from
industrial action. No such undertakings were given.
Royal Mail is seeking a High Court order that the ballot, which
opened on 24 September 2019 and closed on 15 October 2019, was
unlawful and, therefore, null and void. The Company is asking that,
until CWU has conducted a lawful ballot, which results in a vote in
favour of industrial action, it will not be able to serve notice of
any action on Royal Mail. The Company expects its application to be
heard in the High Court in the week commencing 11 November
2019.
Royal Mail's application does not apply to employees within
Parcelforce Worldwide. They are the subject of separate ballot
notices.
Trade Unions and Labour Regulations (Consolidation) Act 1992
(TULRCA)
The TULRCA rules are designed to safeguard democratic integrity
by ensuring union members can vote in the privacy of their own
homes, rather than in any public process. Royal Mail's application
to the High Court is based on two specific provisions under Section
230 of TULRCA. They say that every person entitled to vote in the
ballot:
-- is entitled, as far as reasonably practicable, to have a
voting paper sent to him by post at his home address or any other
address which he has requested the trade union in writing to treat
as his postal address; and
-- must be allowed to vote without interference from, or
constraint imposed by, the union or any of its members, officials
or employees.
Royal Mail has supplied substantial evidence to the High Court
from at least 72 of its UK sites - there may be substantially more
- that some or all of the acts listed below occurred. The Company
believes the evidence demonstrates that CWU officials, including
coordination and direction at a senior level, have planned and
orchestrated breaches of their legal obligations. The evidence
includes members:
-- being asked to intercept and remove their ballot papers from
mail coming into their delivery offices, before they were delivered
to their homes;
-- being instructed to vote "yes" and being encouraged to do so in groups; and
-- being encouraged to open their ballot papers on site, mark
them as "yes", with their colleagues present and filming or
photographing them doing so, before posting their ballots together
at their workplace postboxes.
Under the postal regulatory framework, Royal Mail is required to
have documented operating procedures in relation to mails
integrity; these are in place. Royal Mail's procedures make it
clear that employees cannot open their mail at the delivery office
without the prior authorisation of their manager. Alongside our
application for an injunction, we will review whether any further
action is required. We have also informed Ofcom.
-ends-
For more information, please contact:
Media Relations
Beth Longcroft
Email: beth.longcroft@royalmail.com
Phone: 07435 768 549
Royal Mail press office: 020 7449 8246
Company Secretary
Mark Amsden
Phone: 0207 449 8289
Email: cosec@royalmail.com
Investor Relations
Catherine Nash
Phone: 020 7449 8183
Email: investorrelations@royalmail.com
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END
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