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What to do when faced with an industrial action picket line

With multiple national and local strikes being called across the country, the PDA is reminding members of advice for when faced with an industrial action picket line.

Tue 30th August 2022 The PDA

With multiple national and local strikes being called across the country, the PDA is advising members how to react if they are faced with a picket of striking workers.

To read PDA’s briefing on why, how, and when strikes are called, click here.

 

Q1 – What is a picket line?

Picket lines are a boundary established by workers on strike, usually at the entrance to their place of work. Others are asked not to cross picket lines so that the industrial action has the most impact on the employer’s activities, and to help put pressure on the employer to talk to the employees and their union to resolve the dispute.

Official picket lines can only be formed following a democratic vote of union members at an employer(s) to take industrial action. That ballot must have complied with demanding and complex legislative requirements.

Q2 – Should I respect a picket line I come across in my personal life?

Just as the PDA would hope other workers would not cross a PDA picket line if pharmacists were on strike, the PDA encourages members to respect the picket lines formed by other unions and at other workplaces. To help maximise the impact of a picket by other workers and to show support for those workers, PDA members are encouraged to avoid crossing any picket line, at any time.

This may be easier for people to do in their private life and away from their own workplace. For example, if someone was planning to travel by rail for a social reason but rail workers formed a picket line at their local station, they might turn back and travel by different means.

Q3 – What happens if I choose to cross a picket line in my personal life?

There is no consequence for an individual member of the public that crosses a picket line, and people must not feel intimidated into not doing so. Trade union pickets are just working people trying to persuade their employer to treat them and their colleagues better.

Q4 – What do I do if I’m a student and university staff go on strike?

Any university staff undertaking industrial action have a dispute with their employer, the university. Although students are not employed, they could still find there are picket lines at university and want to know what to do.

Pickets can only officially consist of individuals employed by the university, those who lost their job for a reason connected to the dispute (and has not since started a new job with a new employer), or a union official picketing with the members they personally represent.

Therefore, students cannot officially join a picket but may wish to show their support by not crossing a picket line. They may also want to express support for striking staff in person at the picket line or online. Students should take great care that what they say or do on social media or elsewhere does not inappropriately criticise the university or any particular senior members of university staff. Doing so could lead to their conduct being questioned, so the PDA strongly recommends keeping things positive in any comments made.

If students plan to support the action at a university, then they should also advise their lecturer(s) in advance that they will not be attending lectures on that day. The lecturers may or may not be on strike themselves.

Post-graduate students may be classified as being employees of the university and should also read the following answer.

Q5 – What do I do if another union has a picket line at my workplace?

If another union is undertaking industrial action relating to their work and establishes an official picket line, refusal to cross it would render a non-striking pharmacist liable to be disciplined. Disciplinary action could include the deduction of salary, as it would be considered as participating in un-balloted industrial action.

Pharmacists should also always prioritise patient safety in accordance with their professional duties, the NHS terms of service, and their employment contracts. Therefore, members may still need to work even though their colleagues are striking.

For a small number of pharmacists, working remotely or undertaking alternative duties that do not require them to pass the picket may be an option, but for most pharmacists, they can only undertake their duties where patients are, which means attending their normal place of work. Therefore, it may be necessary for non-striking pharmacists to cross a picket line if they are due to work.

If this is the case, those picketing should be assured that PDA Union members who cross the picket line will not undertake work that those on strike would normally have carried out, unless this is unavoidable due to patient safety and care, which must always be the priority for pharmacists as regulated health professionals.

This answer would also apply if only one group of PDA members were taking strike action, while other groups of PDA members at the same employer(s) were not on strike.

Q6 – What do I do if the majority of PDA Union members at my employer voted for strike action, but I did not?

Strike ballots are confidential, so only the individual will know how they voted in a strike ballot. Regardless of how any individual voted, the PDA would hope that all members would support any strike action that was agreed by the majority. Doing so may actually make the action more effective and bring the dispute to a close more quickly.

Q7 – What should managers do about picket lines?

If you are a manager and have been included in the Industrial Action ballot then detailed guidance on how you can best support the objectives of the Industrial Action will be issued prior to any action starting.

Q8 – What if I choose to cross a PDA Union picket line and go to work?

There is no individual consequence for a pharmacist that crosses a picket line, and people must not feel intimidated into not doing so. PDA Union pickets are just pharmacists trying to persuade their employer to treat them and their colleagues better.

Pharmacists should always prioritise patient safety in accordance with their professional duties, the NHS terms of service, and their employment contracts. Therefore, some members may still need to work even though colleagues are striking and that may mean crossing a picket line.

If this is the case, those picketing should be assured that PDA Union members who cross the picket line will not undertake work that those on strike would normally have carried out, unless this is unavoidable due to patient safety and care which must always be the priority for pharmacists as regulated health professionals.

Q9 – What do I do if the employer offers me overtime to do the work of those on strike?

The PDA would encourage members to decline this offer.

Pharmacists will also always place patient safety first in accordance with their professional duties, the NHS terms of service, and their employment contracts. Therefore, this shouldn’t be necessary for patient care, but would simply be the employer trying to reduce the impact of strike action.

Undertaking this work would undermine the impact of other PDA members’ action.

Q10 – What do I do if the employer offers me a locum shift to do the work of those on strike?

The PDA would encourage members to decline the offer.

Pharmacists will also always place patient safety first in accordance with their professional duties, the NHS terms of service, and their employment contracts. Therefore, this shouldn’t be necessary for patient care, but would simply be the employer trying to mitigate the impact of strike action.

Undertaking this work would undermine the impact of other PDA members’ action.

Q11 – I am a manager/work in another department and the employer asks me to do the work of those on strike?

The PDA would encourage members to decline the offer, but to avoid refusing to undertake a reasonable instruction to undertake activity which is within their job description.

Pharmacists will always place patient safety first in accordance with their professional duties, the NHS terms of service, and their employment contracts. Therefore, this shouldn’t be necessary for patient care, but would simply be the employer trying to mitigate the impact of strike action.

Undertaking this work would undermine the impact of other PDA members’ action.

Learn more

 

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The Pharmacists' Defence Association is a company limited by guarantee. Registered in England; Company No 4746656.

The Pharmacists' Defence Association is an appointed representative in respect of insurance mediation activities only of
The Pharmacy Insurance Agency Limited which is registered in England and Wales under company number 2591975
and is authorised and regulated by the Financial Conduct Authority (Register No 307063)

The PDA Union is recognised by the Certification Officer as an independent trade union.

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