BT Pay Campaign 2010
BT Pay Industrial Action Ballot Result
15 July 2010
In response to requests for written confirmation that the ballot result has not and can not be released by the Independent Scrutineer, CWU Head office has issued details a letter from the Independent Scrutineer.
BT made a number of legal challenges centred on procedural issues associated with the Notice of Ballot including the provision of information on the categorisation and workplaces of the members being balloted.
While the CWU remains convinced that the information provided in the Notice of Ballot was adequate in meeting the criteria set out in law, legal advice was that due to the anti-trade union legislation associated with industrial action ballots, BT had a reasonable chance of potentially securing an injunction against the union. In view of this the ballot was cancelled rather than enter into an expensive process of litigation that was not balanced in favour of the CWU. This eliminated the potential for BT to use the courts to prevent the CWU from exercising our democratic right to take strike action.
In withdrawing the ballot we resolved to issue a fresh Notice of Ballot, and this would have played a key part in BTís decision to invite us back to the negotiating table with a significantly improved pay offer.
Throughout this process we have sought and followed our legal advice and the decision to withdraw the ballot was made because to do so was in the best interests of the union and our members.
Electoral Reform Services have confirmed the arrangements following the cancellation of the ballot in a letter, which states:
"... at 12.39 on 5th July 2010 prior to the secheduled closure of the ballot and therefore prior to any count being conducted, we recevied instruction from Tony Kearns, Senior Deputy General Secretary, CWU to cancel the BT industrial action ballot..."
"Following this instruction we immedatley ceased all activity in relation to the ballot and as a result of this action we did not process the BT industrial action ballot papers and therefore it would not have been possible to declare a result or publish a ballot certificate."