MEMBER-TO-MEMBER DISPUTES

NTEU notes: 

Whilst most member disputes are directly with their employer, from time to time, issues of dispute arise between members. This situation should be distinguished from formal disputes lodged with the employer regarding the terms of the collective agreement or the National Employment Standards. 

In many cases member to member industrial disputes can be characterised as disputes between a member and another member acting in their management capacity. 

NTEU believes:

• All members should have the right to representation from their union in direct or indirect industrial disputes with their employer.
• In the case of a member to member industrial dispute where the dispute arises as a result of one member acting in their management capacity, the dispute should be dealt with as a member dispute with their employer. The member acting in their management capacity should be referred to the employer for assistance. 

• In the case of a member in an industrial dispute involving another member where their interests contradict each other, where the other member does not have a management role, both members should have access to union representation.
• The resolution of issues or disputes between members that relate to their employment is the responsibility of the employer. The Union provides assistance to members but does not take responsibility for the resolution of the issue. 

• Where the interests of two or more members are in conflict and a dispute or grievance process is underway, confidentiality should be maintained between staff members dealing with each side of the dispute.

• Ensure appropriate procedures are established and maintained to ensure the above. 

• Whilst complying with the above principles, not support or condone the behaviour of any member properly found guilty of serious misconduct.