Secondary strike action and the law

Employers can take action against secondary picketing

Leaders of two the two main transport unions are meeting to discuss safety fears associated with the imminent national fire strikes.

They warn that they may consider balloting members over a possible walkout of their own, if the lack of usual fire cover poses possible danger at work .

But secondary picketing was outlawed by the Conservatives in the 1970s but does the planned action amount to such?

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Primary picketing is lawful.

This involves members of a union who are on strike, standing outside of the firm's entrance and trying to persuade other workers not to cross the picket line.

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Secondary picketing, however, does not have the same civil law protection (although it is not a criminal offence).

It occurs when a picket line is set up at a firm not included in the main strike - to try to persuade workers at that firm not to go to work.

It could be argued that encouraging rail or Underground workers to strike because of concerns related to the separate fire dispute, is secondary picketing.

A spokeswoman for the TUC told BBC News Online that generally, if union leaders encourage members to strike over another's issue, it would fall under the definition and would therefore be illegal.

However, Bob Crow, leader of the rail union the RMT, thinks not in this case.

Danger

And he has told BBC Radio 4's Today programme he would not rule out a ballot being called.

"Workers should not place themselves in danger, and if they feel they're in imminent danger they should ask to go to a safe place of work," he said.

TUC guidelines say that if an individual employee decides he or she is unhappy working in an environment for safety reasons, they are perfectly entitled to walk out.

I would hope that (secondary picketing) is not what Mr Crow is advocating.

Tony Blair's spokesman

But in this case, if unions advise their members to do so, it could be construed as secondary action.

The Health and Safety Executive has said there should be no be widespread disruption in workplaces because of safety concerns over the firefighters' action.

But the advice from Prime Minister Tony Blair's spokesman on whether action taken on safety grounds during the strike should be viewed as secondary action is "it's a matter for the employer," leaving it open to wide interpretation.

He went on: "Employers affected by secondary action have the right under the law to take legal steps against employees or unions taking such action but I would hope that is not what Mr Crow is advocating.

"In terms of safety, the Health and Safety Executive has set out the position very clearly. We are not expecting widespread disruption because the HSE does not believe a strike would cause legitimate commercial or industrial activity to be stopped."

The police do not have any enhanced powers over secondary pickets and it is not their job to enforce the civil law on picketing, even if an injunction is in force.

The firefighters' industrial action is part of a campaign by the FBU to secure a 40% pay rise for its members.