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@aggi
I found the wording on that a bit unclear. Is the 40% for workers that are members of the union or 40% that could be members of the union (e.g. total workforce).
If the former then I think there is a case for a threshold (whether 40% is too high is a difficult question) and part of the issue the unions need to work out is why is engagement so low. I remember some of the strikes recently re: the RMT worker who was accused of failing an alcohol test had 20% or so of eligible voters in favour of striking.
If unions want to argue against this they need to explain why it is a bad idea, why they can't get their members to vote in sufficient numbers to hit a 40% threshold rather than just the same rhetoric of the nasty tories want to screw over the union members (which may well be true but doesn't make for a convincing argument).