UNISONActive is an unofficial blog produced by UNISON activists for UNISON activists. Bringing news, briefings and events from a progressive left perspective.

Monday 4 October 2010

Workers' rights under attack - CBI/ Tory pincer move to tighten union straitjacket‏

The Con Dem Government is less than 6 months old and already pressure is building up for a further round of anti union laws. Labour’s shameful legacy of leaving Thatcherite laws on industrial action fully intact is insufficient for ungrateful hawks in employer and Tory ranks whose ultimate aim is to negate the right to strike:  http://www.telegraph.co.uk/news/newstopics/borisjohnson/8040306/Boris-Johnson-we-need-new-laws-to-stop-wave-of-strikes.html

The Telegraph and BBC report that Tory buffoon Boris Johnson - elected London Mayor in 2008 on a turnout of 45% - wants the government to introduce legislation preventing action “unless at least 50% of union members in a workplace take part in a ballot”.
>http://www.bbc.co.uk/news/business-11461588

In a synchronised announcement the CBI has launched a new report ‘Keeping The Wheels Turning: Modernising The Legal Framework of Industrial Relations’ outlining a detailed package of measures (see below) to prevent strikes and make it easier for employers to break strikes:
>http://www.cbi.org.uk/ndbs/press.nsf/0363c1f07c6ca12a8025671c00381cc7/a1b868b57283cfd7802577ae002dfe0e?OpenDocument

The TUC has rightly dismissed the anti democratic proposals from the employers lobby, Brendan Barber said: 'The UK has some of the toughest legal restrictions on the right to strike in the advanced world. Already the courts regularly strike down democratic ballots that clearly show majority support for action. The CBI proposals are a fundamental attack on basic rights at work that are recognised in every human rights charter, and will be dismissed by any government with a commitment to civil liberties.’
>http://www.tuc.org.uk/industrial/tuc-18582-f0.cfm

* CBI package of measures includes:

· Employers to be able to use agency temps to cover for striking workers.

· The notice period for industrial action to increase from seven to 14 days after the ballot takes place to give the public and businesses more time to prepare for strikes.

· Ballot mandates to be limited to the original dispute, not extended to other matters. The law should state that strikes can only go ahead based on the ballot relating to the original dispute and consequential matters should be subject to a fresh ballot.

· People to have the right to decide whether they want to be represented by a union. Ballots should always be held on union recognition – it should never be automatic.

· Strikes to be the result of a clear, positive decision by the workforce concerned. The test for a legitimate strike should be that 40% of balloted members support it as well as a simple majority of those voting.

· Only paid-up union members should be able to vote – there should be a single legal definition of a union member.

· Unions to keep records up to date. They should conduct an annual audit of their membership and make all reasonable endeavours to keep records accurate throughout the year.

· Union members to hear both sides of the argument before voting in a strike ballot. Employers and unions should each be allowed to send concise statements with the ballot papers, setting out the scope, nature and reason for the dispute.

· Union members need to understand the implications of striking for them personally. Ballot papers should include a notice warning that pay and non-contractual benefits can be withdrawn if an employee goes on strike.

· Steps to curb wildcat strikes to be strengthened. The Certification Officer – the unions’ regulator – should be empowered to enforce the law more effectively.

· Unions should face realistic sanctions for failing to observe the law. The cap on compensation should be increased for the first time since 1982 and damages should be awarded per day of strike action.