MANAGEMENT IN CONFIDENCE
should be asked to explain their absence, and departments should make arrangements accordingly. Staff without acceptable reasons for non-attendance must be assumed to be taking industrial action and should be treated accordingly.
Picketing and intimidation
19. Peaceful and orderly picketing is lawful but a serious view will be taken of any attempts at intimidation and disciplinary action may be taken against those responsible. It is important that local managers who have any reason to think that picketing will be carried beyond bounds - eg that large numbers will take part, or that attempts will be made to prevent free access to the building or to intimidate those members of the staff who are prepared to work normally - should seek the assistance of the local police. Where major offices or establishments are likely to be affected, the approach should be to the Chief Constable. The police should be asked to make every effort to ensure that access to the building is not impeded and that staff receive any necessary protection against intimidation or assault. Departments are recommended to nominate one officer in each building as the sole person responsible for notifying the police if picketing gets out of hand.
20. It is desirable to give some prominence to the limits on picketing rights in advance, for the information of staff at large, who may have exaggerated fears. Staff who are prepared to work normally should not allow themselves to be deterred by pickets from entering their offices and carrying on with their duties, although it may be helpful for departments to make arrangements for convoying staff through picket lines. In general, interference by pickets will not be accepted as a legitimate excuse for non-attendance. If, however, there is clear evidence that at any particular office the activities of pickets make attendance impossible (and it is impracticable to make alternative arrangements for staff to be effectively employed elsewhere) the full facts should be reported to the Civil Service Department who will consider whether those prevented by pickets from attending their offices may be excused the forfeiture of pay.
Delivery of internal mail and supplies
21. The guidance in paragraph 20 has mainly in mind the position of staff who fail to report for duty on the grounds that they are unable to cross picket lines. Van drivers who are unwilling to cross particular picket lines may have in fact reported for duty and be ready to carry out most of their duties; moreover many of them could be members of a union not participating in the strike. In these circumstances, there may be good arguments for not taking action, such as withholding pay, against the van drivers concerned. The risk of extending the dispute may lead departments to decide to rely on other means of transport, such as using private cars or employing a commercial transport firm.
22. Departments should bear in mind, however, that condoning a van driver's refusal to cross the picket lines is comparable with taking no action against staff pursuing a policy of non cooperation. Failure to deal firmly with this situation could establish a dangerous precedent. Therefore, departments are recommended to take a strong line wherever feasible (and this will largely turn on whether or not the CSU is already taking part in the industrial action: if it is not, it might be ill-advised to precipitate it).
Delivery of external mail
23. Post Office instructions to their delivery staff state that they must attempt to deliver mail, Drivers are warned not to try to force their way through picket lines. When confronted by pickets van drivers should assess the likelihood of a physical obstruction if they persist. If they decide that a risk of physical obstruction is present they are instructed to return the mail to the Post Office.
24. A Post Office superintendent may return with the driver and point out to the pickets that they are interfering with a statutory obligation of the Post Office to deliver mail. Pickets may accept this advice and allow the mail to be delivered.
MANAGEMENT
MANAGEMENT IN CONFIDENCE
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