Judges issue another attack on workers

Simon Basketter reports:

The anti-union laws are being extended by default and we are moving towards a situation where it will be virtually impossible to organise legal strikes.

At the beginning of the month the Court of Appeal ruled in a case that has significant consequences for every worker.

Judges ruled in favour of Metrobus, which had secured a legal injunction against a planned strike by Unite members in October last year. The union called off the strike in response.

This ruling had a knock-on effect on another group of workers last week.

Unite union officials called off a planned strike by bus drivers at First in South Yorkshire—not because there was any challenge to their own ballot but purely on the basis of this Court of Appeal ruling.

The judgement in favour of the employer can be referred to by judges in future cases. It sets a precedent that will make it more difficult for workers to take legal strike action.

One of the reasons the company won the injunction was because a judge found that the union had not detailed with sufficient precision the occupational grades of those taking action.

The same manoeuvre has recently been used against postal and tube workers.

The anti-union laws were designed to hamper unions’ ability to resist, and to give union leaders a way of persuading their members not to strike.

All these laws should go. But instead of being repealed, they are being interpreted ever more harshly. The laws detail a thicket of obstacles that the unions have to navigate to avoid being sued during a strike.

One clause says that unions have to give the employers a list of workers who are going on strike and their workplaces.

Unions must also sort workers into their occupational categories. Such requirements are ideal for employers who want to use technicalities to halt strikes.

The Metrobus appeal case shows how these laws work.

The union argued, “Unite takes the view that the grounds on which the judge decided to grant the injunction constitute a serious impediment on its ability and that of any other trade union to call a strike.”

In response Lord Justice Maurice Kay wrote, “The right to strike has never been much more than a slogan or legal metaphor.”

There were two main elements to the court’s decision.

Firstly, although the strike ballot had closed at noon on 1 September, Unite informed Metrobus bosses of the outcome almost 48 hours later.

In part this was due to a mix-up between Unite and Electoral Reform Services involving a missing fax.

But the court ruled that the time taken to inform the employer was too long.

The judgement reads, “Sec 231 imposes on the union a free-standing obligation to notify the employer of the outcome of the ballot as soon as reasonably practicable; that obligation must be fulfilled, regardless of whether strike action is or is not voted for.”

And importantly, “Notice of strike action can only ever come after notice of the ballot result to the employer.”

Secondly, the court ruled that the union did not properly explain how it arrived at its membership figures for how many bus drivers would be called out from which depots.

The three Court of Appeal judges disagreed about how the legislation applied, but they still ruled that insufficient explanation was given.

The judgement read, “Information about the numbers of employees balloted—what categories they fall into in terms of what job they do, where they work, etc, for union members who may or may not pay their union dues by deduction from salary (whereby the employer can know they are union members) – is provided to the employer, and such information must also include full explanations of how such figures are reached. The figures must also be accurate.”

In effect, legal ballots become almost impossible to organise. Working out all the grades of construction workers or local government workers, for instance, would be completely unfeasible.

The only point on which the majority in the court disagreed with the original injunction was over the importance of a typing error—766 instead of 776. It ruled that this was trivial.

Furthermore, the court also ruled that the anti-union laws are compatible with the article 11 of the European Convention on Human Rights on the right to join a trade union.

When Labour was elected in 1997 it had a policy of repealing the anti-union laws. But 12 years later it is sitting on its hands while the laws are applied ever more stringently against workers.

The anti-union laws fly in the face of the democratic decisions of thousands of workers. Unless the laws are challenged, no union could survive the level of detailed scrutiny now imposed on ballots.

But a recent spate of unofficial walkouts and occupations has shown that anti-union laws are powerless if workers defy them.

The only way to win is for unions to refuse to back down in the face of injunctions and threats and strike regardless.

The right to withdraw labour by striking is the most fundamental power that workers have. We must fight urgently to defend that right.

Brave Vestas workers are sacked – but the fight goes on

For over a week now Vestas workers on the Isle of Wight have occupied their employer’s offices in an effort to stop the factory closing and their jobs being shipped overseas.

A workforce that wasn’t unionised, that had no experience of such a campaign, have shown how workers in England can struggle and gain support nationally (from many trade unions and environmental activist groups) and internationally (South Korean workers in the same situation have sent solidarity greetings).

These workers have now been sacked.

We need to show the government and Vestas how much this annoys us.

Our brothers and sisters in Scotland had 20,000 people marching in Kilmarnock last Sunday to protest job losses at profitable Diageo’s Johnnie Walker plants.

We can do the same for the Vestas workers!

Socialist Worker reports:

The workers have released a statement, which was read out at the protest outside the plant this evening. They said, “We all received letters to tell us that we had been sacked with no redundancy money. This has not deterred us in any way. We are now fighting for everyone else. Come to the court tomorrow. Bring your friends and family, and spread the word.”

Steve, one of the occupation’s stewards, read management’s letter to the rally. It stated that the workers had been sacked for “gross misconduct” as a result of their industrial action.

Steve said, “We will fight this all the way. We will not rest until the workers get what is rightfully theirs. They have fought for all of us. We will show the world that they are heroes.

“We have one message for the Vestas management: ‘We are here to stay.’ Please come to the court tomorrow. We will be putting on a show of strength there to show that workers in the Isle of Wight will not roll over.”

Unison witchhunt continues

Note to Unison leadership – the organization is a trade union, not branch of the Labour Party. Harassing Trotskyists will not endear you to the membership.

The first charge against the four Unison members (pictured below) is that they produced a leaflet at the annual conference of Unison in 2007 which questioned why the Standing Orders Committee had ruled out key motions from being debated. Simply highlighting this on a leaflet resulted in the first charge of an “attack on the integrity of the members of the Standing Orders Committee.”

Glenn Kelly, one of the four, Branch Secretary of Bromley Unison and Unison national executive, addresses the Reclaim the Union fringe meeting at Unison conference 2009, photo Paul Mattsson

Glenn Kelly, one of the four, Branch Secretary of Bromley Unison and Unison national executive, addresses the Reclaim the Union fringe meeting at Unison conference 2009, photo Paul Mattsson

The second charge relates to the use on the leaflet of a well known Buddhist proverb and cartoon of the ‘three wise monkeys’ (see no evil, hear no evil, speak no evil.)

The four have been charged with “Failing to show due care in not anticipating that someone might take offence [from the leaflet]“.

On 17 July Unison’s disciplinary panel delivered their verdict and then scuttled off to consider the sentence. The result should be known in a couple of weeks.

Onay Kasab, another of the four charged, is Branch Secretary Greenwich Unison. Here he addresses the Socialist Party fringe meeting at Unison conference 2009, photo Paul Mattsson

Onay Kasab, another of the four charged, is Branch Secretary Greenwich Unison. Here he addresses the Socialist Party fringe meeting at Unison conference 2009, photo Paul Mattsson

The attacks on the four Unison members found guilty have nothing to do with these trumped up charges and everything to do with eliminating any opposition to the Unison leadership – and specifically any opposition from the Socialist Party which the four are members of. Five Unison members were originally investigated but charges against the member who was not in the Socialist Party were dropped!

Socialist Party members in Unison have consistently argued that the Unison leadership should put their members before the interests of New Labour, who receive huge sums of trade union money but then attack public sector workers, many of whom who are members of Unison.

Suzanne Muna, Branch Secretary Unison Tenant Services Authority, and another charged, speaks to the lobby of Unison disciplinary hearings against the four Socialist Party members, photo Alison Hill

Suzanne Muna, Branch Secretary Unison Tenant Services Authority, and another charged, speaks to the lobby of Unison disciplinary hearings against the four Socialist Party members, photo Alison Hill

This is a classic witch-hunt. Some Unison members have already been expelled and others are under investigation for opposing the leadership.

The two-year investigation and hearings into the four Socialist Party members now found guilty have caused widespread anger towards the Unison leadership. The Defend the Four campaign has attracted huge support within Unison and the wider trade union movement.

Brian Debus, Branch Chair Hackney Unison, the fourth Socialist Party member charged, addresses Unison conference 2009, photo Paul Mattsson

Brian Debus, Branch Chair Hackney Unison, the fourth Socialist Party member charged, addresses Unison conference 2009, photo Paul Mattsson

All supporters of the four are called on to flood Unison headquarters with protests against this blatant witch-hunt. The charge of racism in particular, no matter how its framed, could not only jeopardise their union membership but also their employment chances.

This witch-hunt is a disgrace to the trade union movement. All four have a long and proud record of fighting racism and fascism in the workplace and the wider community.

Send your protests now to Unison HQ: Unison, 1 Mabledon Place, London WC1H 9AJ . Telephone: 0845 355 0845

e-mail: d.prentis@unison.co.uk

Also send to: Defend the Four Campaign, PO Box 858 London E11 1YG.

See also: www.stopthewitchhunt.org.uk

Just another cog in the machine?

h/t: John Gray

Rail for the people – or Brian Souter?

That’s the question. Should we have public transport or a subsidised cash-cow for a man made wealthy by the state?

RAIL UNION RMT today stepped up their pressure on the government to remove National Express from their rail franchises as new research shows that the company has made nearly half a billion pounds in profits from their rail operations in the past 10 years while sucking in nearly £2.5 billion in public subsidy over the same period.

Just under two weeks ago Transport Secretary Lord Adonis announced that he was taking the failed National Express franchise on East Coast Mainline back into public ownership. Since then, the company have made bullish noises that they will fight to retain the rights to run the service and have also thrown down a gauntlet to the government over National Express East Anglia and c2c which they should be stripped of under the “cross-default” clause.

Today, Tuesday July 14, a parliamentary adjournment debate will take place under the title Rail Services on the East Coast Mainline led by York MP Hugh Bayley where a growing number of MP’s will be applying pressure on ministers for National Express to be stripped of their rail franchises.

Bob Crow, RMT general secretary, said today:

“It’s now two weeks since the government announced that they would be taking decisive action over National Express on the East Coast and we are stepping up the pressure for the company to be dumped as a matter of urgency and for their franchises to be nationalised on a permanent basis, not as a short term, crisis measure.

“National Express have been taking us all for a ride. Not only have they milked the best part of half a billion pounds out of their rail operations but they have sucked in £2.5 billion in public subsidies in the process.

“Now National Express are leaving a potential rail funding gap of £1 billion behind after their chaotic performance on the East Coast Mainline and once again it’s the travelling public and rail workers who are left to pick up the pieces. National Express, along with the rest of the rail privateers, should be kicked off the tracks for good.”

I’d go further than Bob – I’d like to see the privateers prosecuted for their theivery.

Save Vestas!

First a report from Workers Climate Action, who have displayed tremendous solidarity in their efforts to assist the struggle of Vestas’ employees:

On Friday 3 July, Workers’ Climate Action and the Cowes Trades
Council held a public meeting attended by around 100 people, to oppose
the closure of the Vestas plant, Britain’s only wind turbine factory,
on the Isle of Wight.

Two months ago, Vestas announced over 500 job cuts and is seeking to move production to the USA

The room was packed with workers from the factory as well as people
from the wider community. By the end of the meeting, there were people
seriously discussing the tactic of a factory occupation to save jobs
and force much-needed investment in wind energy. How did this come
about?

The Isle of Wight is, for the most part, staunchly Conservative,
with very little history of class struggle or environmentalism. It has
one Labour councillor, no branch of any left group, and an apparently
inactive Green Party branch. The previous campaign to save jobs at
Vestas was very small, based mainly on a Facebook group and a petition
had ground to a halt, lacking direction and the confidence to take
radical action.

A small number of activists from Workers’ Liberty heard the news of
the closure began getting in touch with people on the Island three
weeks ago. We managed to get a hold of the few local trade unionists
from the Trades Council. Most of these turned out to be past retirement
age, but many with militant histories.

As impressed as these old heads of the labour movement were and as
glad as they were to see a bunch of energetic young people having come
down to set up a campaign, no one expected it to go anywhere. The
wisdom was that this was a workplace that had never been unionised, the
closure had been announced, the ball was in motion; we should try by
all means but that we shouldn’t get too disappointed if we got nowhere.

Despite this, we went out and simply stood outside the factory
waiting for people to come out of work, we had no leaflets other than
the basic WCA ‘Climate Change is a Class Issue’ one. As the workers
went past we got chatting, heard stories of people having to move house
as a result of the redundancies and various attempts over the years to
get trade union recognition met with victimisations and sackings.
People felt betrayed, many of them young, many had thought that this
was an industry with a future, many genuinely felt they were doing
their bit to save the planet. All this was down the drain.

People were pissed off, all that was lacking was the sense that
anything could be done to do anything, to fight back, we decided at
that point to try and pull together a meeting. We got the Trade’s
Council to sort the venue, came back to London and knocked up a leaflet.

We then mobilised a small but diverse group of Workers’ Climate
Action activists (environmentalists, socialists, and anarchists) from
across the country to come down.

We spent a week intensively building for a public meeting. We
leafleted the gates of the two factory sites at least twice a day, did
stalls in the main towns, and constantly spoke to people about their
concerns – the impact of the closure on jobs and the local community,
environmental concerns, the poor state of health and safety at the
Vestas plants, and raised the appropriate political questions – who
should determine how jobs are provided and how energy is produced? How
should the transition to a low carbon economy be achieved? What is to
be done about harsh management practices, job losses, and factory
closures?

Working in a political environment not usually best suited to
revolutionary politics, we found that our concern for jobs and the
environment was immediately taken on by the many of the hundreds of
people we spoke to.

Not only are Vestas management cutting jobs, they are also a highly
exploitative employer. In the tradition of post-fordist management,
they sought to generate a high turnover of employees to prevent
unionisation, and to prevent the workers from building up significant
redundancy packages. The air conditioning in the factories is
inadequate, many workers contracted contact dermatitis, an allergic
reaction to the resin used in moulds, and the company operates an
unofficial ‘three strikes and you’re out’ disciplinary procedure, as
well as regularly denying workers days off and sick days for no good
reason. The exploitation of the worker for profit provides us with an
analogy for environmental exploitation and degradation.

We succeeded in talking to the local media, including BBC radio
Solent, the Isle of Wight County press, and Meridian News, and we were
able to voice ideas like the just transition to a low carbon economy,
and democratic workers’ control of industry in forums where they had
not been heard in a long time.

Using contacts made during the Visteon occupation, we persuaded the
former convenor of the Enfield Visteon plant, Ron Clarke, to speak at
the public meeting. Ron spoke about the experience and the tactics of
occupation, telling the gathered crowds that physical control of the
factory was the only way to bargain with the bosses. The experience
gained by the Visteon workers, and their resounding success provided a
galvanising example of what can be achieved if workers take action and
stick together.

We encountered problems and obstructions from all the usual sources.
Just before the public meeting, a police inspector phoned the secretary
of Cowes trades council, informing him that the Workers’ Climate Action
had published a piece exhorting Vestas workers to chain themselves to
machinery. This was, of course, a lie. The police were, nevertheless,
very visible outside the public meeting.

In addition to this, many of the speakers brought to the public
meeting by the local trades council revealed themselves to be
bureaucrats. They told workers to simply join UNITE and get official
recognition, but were disdainful about the idea of occupation. These
business unionists and social partnership bureaucrats brought little to
the campaign, but they certainly alienated a lot of workers with their
elitist talk of letters written to ‘Lord Mandelson’.

Despite the politically questionable character of the meeting, we
managed to get workers and people on-board to expand the campaign
further into the factory and the local community. The Socialist Workers
Party and Socialist Party are already organising public meetings in
Southampton and Portsmouth with speakers from Workers’ Climate Action
and workers themselves. A protest in the centre of Newport is planned,
with the possibility of a happening outside Downing Street in London to
put pressure on the government.

National groups are expressing an interest in getting involved, and
we are following up contacts in Denmark, where Vestas have their
headquarters, with a view to encouraging solidarity actions. Watch this
space, and the Workers’ Climate Action Website (www.workersclimateaction.co.uk) for more information as it comes in.

Our actions to oppose the Vestas closure will demonstrate that,
though energy and enthusiasm are essential to achieve results, we must
also, as Lenin says ‘be able at each particular moment to find the
particular link in the chain which you must grasp with all your might
in order to hold the whole chain and to prepare firmly for the
transition to the next link; the order of the links, their form, the
manner in which they are linked together, the way they differ from each
other in the historical chain of events, are not as simple and not as
meaningless as those in an ordinary chain made by a smith.’

Already messages of solidarity are pouring in via email
(savevestas@googlemail.com), and a motion will be circulating around
trade unions who wish to offer their support to the Vestas workers. The
campaign is already snowballing, but it must be held in mind that this
situation could be brought into existence anywhere – at Corus, or in
the car industry, or at Nortel where 2,000 redundancies were announced
today. Go to where jobs are being lost, talk to a few workers,
collaborate and draft a leaflet, call a big meeting. Raise the
experience of Visteon. Raise the possibility of direct action: it can
be done.

Workers Climate Action are holding an organising meeting in
Cambridge on Friday 17 July. Come and get involved. The WCA website
should have more details soon.

And this weeks’ The Socialist reports on the situation on the Isle of Wight:

Save jobs at Vestas wind turbine plant

Over 600 workers at the Vestas factory on the Isle of Wight are on the brink of losing their jobs after the company announced they intend to move production of wind turbine blades to America. The workers have been offered an insulting redundancy package of less than £1,000 and at a public meeting last week a call for action was raised.

Ben Norman, Portsmouth Socialist Party

The meeting, called by the Isle of Wight trades council and a local campaign group called ‘Workers Climate Action’, was attended by around 150 people, made up of Vestas workers and local residents.

The ideas raised by the seven speakers, none of whom were Vestas workers, varied enormously. Members of ‘Workers Climate Action’ called for immediate direct action and factory occupation. Speakers from the trades council simply urged workers to join their local union.

These demands are not enough, especially as the factory bosses do not recognise the trade unions. Members of the Socialist Party raised the need for a clear programme of demands to accompany coordinated action and urged both the meeting organisers and the workers to learn the lessons of Lindsey, Visteon and Linamar.

The job losses at Vestas are not unique on the Isle of Wight. There has been a 15,000 increase in the number of people forced to claim unemployment benefit since last year.

Currently the island is the lowest wage economy in the UK. Closure of a factory of this size would be a disaster for the entire Island.

The workers of the island will not find allies in the bosses or even in their elected MPs.

Tory MP Andrew Turner effectively turned his back on the workers by saying: “My job is not to solve this problem!”

The representative from SEEDA, the regional development agency, said that although they have a budget in excess of £169 million, there was no will to use it to save Vestas jobs.

One member of the trades council even announced that they had written to Peter Mandelson to petition him to save the plant.

We say that the answer will not be found with Lord Mandelson or an unelected government quango.

We pledge our support to and call for clear demands for the workers of Vestas, including:

  • No to job cuts.
  • Re-invest in the factory – Keep production going.
  • Full trade union recognition.
  • Take the factory into public ownership under democratic workers’ control and management.
  • Form an action committee to take the campaign forward.
  • Organise a demonstration on the Isle of Wight as soon as possible to build solidarity for the Vestas workers.

Northern Rock – use it to set up a Post Bank, or sell it to Tesco?

The government nationalised the ailing bank, formerly a building society, but only after many months of foot-dragging. And only on a temporary basis, natch.

Word is, Northern Rock could be sold to Tesco, handing the supermarket even greater power in the economy. Given that a majority of shareholders voted against plans to improve workers’ rights at the company, we know that Tesco isn’t very socially-responsible – so why give them a stake in the banking sector?

There’s a better alternative, as Louise Nousratpour reports:

A coalition of unions and businesses will step up their campaign for a “post bank” tomorrow with proposals that government-owned Northern Rock be used to offer services via post offices.

The group will publish plans arguing that their proposal would give a boost to the Post Office network and provide a vital community service.

A Post Bank would “revive and protect” post offices, support local communities and help smaller firms, especially as the banking system was still in “disarray,” they argue.

The report Delivering the post bank outlines four options the government could follow to establish the post bank. These range from using Northern Rock as a foundation for a mutually structured people’s bank to buying out the current relationship between the Post Office and Bank of Ireland.

Support for the idea of a post bank is growing within all three main political parties as well as among a range of campaign groups.

Postal workers union CWU leader Billy Hayes urged Business Secretary Lord Mandelson, who has been pushing for the part-privatisation of Royal Mail, to endorse this “vote-winning” initiative.

“We have met the challenge to create a workable model for the creation of a post bank,” he said.

“Our new report builds upon the conceptual idea and provides practical blueprints that will appeal to the general public who are disillusioned with the old, tired banking model.”

Federation of Small Businesses chairman John Wright said: “Northern Rock presents the government with a considerable opportunity and it should not consider selling it off privately, but instead should use it to establish a post bank and invest in the long-term future of the Post Office.”

Finance union Unite national officer Paul Reuter argued that the ambition should be to “secure the future of the workers in Northern Rock as well as securing the Post Office network while, at the same time, resolving the problem of financial exclusion and meeting the needs of small businesses.”

Dot Gibson of the National Pensioners Convention added: “Ministers need to rise to the challenge and secure a future for the post office network that serves local communities rather than pander to those who want to run it down and sell it off.”

Follow

Get every new post delivered to your Inbox.