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CWU: ‘The Most Important Union Meeting Ever’
Tag: trade unions
Fighting to protect the right to strike
Eleven trade unions, coordinated by the TUC and represented by Thompsons Solicitors LLP, have began legal proceedings to protect the right to strike.
The unions – ASLEF, BFAWU, FDA, GMB, NEU, NUJ, POA, PCS, RMT, Unite and Usdaw – have taken the case against the UK government’s new regulations which allow agency workers to fill in for striking workers and break strikes.
The unions come from a wide range of sectors and represent millions of workers in the UK.
The unions argue that the regulations are unlawful because:
- The then Secretary of State for business failed to consult unions, as required by the Employment Agencies Act 1973.
- They violate fundamental trade union rights protected by Article 11 of the European Convention on Human Rights.
The change has been heavily criticised by unions, agency employers, and parliamentarians.
The TUC has warned these new laws will worsen industrial disputes, undermine the fundamental right to strike and could endanger public safety if agency staff are required to fill safety critical roles but haven’t been fully trained.
The Recruitment and Employment Confederation (REC), which represents suppliers of agency workers, described the proposals as “unworkable”.
The Lords Committee charged with scrutinising the legislation said “the lack of robust evidence and the expected limited net benefit raise questions as to the practical effectiveness and benefit” of the new laws.
The TUC also recently reported the UK government to the UN workers’ rights watchdog, the International Labour Organization (ILO), over the recent spate of anti-union and anti-worker legislation and proposals, including the government’s agency worker regulations, which it says are in breach of international law.
TUC affiliated unions UNISON and NASUWT are also launching separate individual legal cases against the government’s agency worker regulations.
TUC General Secretary Frances O’Grady said: “The right to strike is a fundamental British liberty. But the government is attacking it in broad daylight.
“Threatening this right tilts the balance of power too far towards employers. It means workers can’t stand up for decent services and safety at work – or defend their jobs and pay.
“Ministers failed to consult with unions, as the law requires. And restricting the freedom to strike is a breach of international law.
“That’s why unions are coming together to challenge this change in the courts.
“Workers need stronger legal protections and more power in the workplace to defend their living standards – not less.”
Richard Arthur, Head of Trade Union Law at Thompsons Solicitors LLP, said: “The right to strike is respected and protected by international law including the Conventions of the ILO, an agency of the United Nations, and the European Convention on Human Rights.
“The Conservative government should face up to its legal obligations under both domestic and international law, instead of forever trying to undermine the internationally recognised right to strike.”
The TUC’s annual Congress has been rescheduled for 18-20 October 2022 following the death of Queen Elizabeth. The three-day event will take place at the Brighton Centre.
Victory! Strikes on hold as union members consider improved offer
GMB Scotland, Unison and Unite trade unions have suspended next week’s strikes after receiving an improved pay offer from local government umbrella organisation Cosla.
The unions are recommending their members accept the new deal.
Responding to the revised offer for local government pay, and following a meeting of GMB Scotland’s local government committee, GMB Scotland Senior Organiser for Public Services Keir Greenaway said: “GMB has been very clear that more must be done for the lowest paid in local government and this latest offer delivers a significant amount of consolidated money for these workers, including the frontline refuse and schools’ staff that everyone depends on.
“It’s not a perfect offer but it is the view of GMB Scotland’s local government committee that it’s worthy of members consultation and their acceptance, but ultimately our members whose campaigning and strike actions have improved these terms will have the final say.
“In the meantime, we have agreed to suspend all planned strike action so this consultation process can take place and our GMB organisers and workplace reps will be visiting as many workplaces as possible to engage our members on this.
“Most importantly, we want to pay tribute to our members. Strike action is not easy, it requires sacrifice and solidarity to deliver outcomes that make work better, and they have fought long and hard for an improved offer to help confront this cost-of-living crisis.”
After days of intense negotiations with the First Minster, the Deputy First Minister, Scottish Government and COSLA. UNISON has now secured an improved offer from COSLA that they will put to their members with a recommendation to accept.
The offer consists of:
• An increase of £2000 for those earning up to £20,500
• An increase of £1925 for those earning between £20,500 to £39,000
• A 5% increase for those earning between £39,000 to £60,000
• A maximum increase of £3k for those earning above £60,000
• The removal of SSSC fees where application (social care registration fees)
• 1 extra days annual leave
• All increases based on a 36hr week calculator
Three UNISON sticking points were overcome late last night with the First Minister. The first is that the pay envelope has been increased to £600m, second that the pay increases will be fully consolidated from the date of implementation and the calculations will be based on 36-hour week (rather 37hr wk).
In March council workers were offered a paltry 2%. In July they were offered 3.5%. And now, through the strength of UNISON’s collective industrial muscle and members willingness to stand up to their employers we have now achieved a total increase to the pay bill of 7.5%, with 8 in 10 UNISON workers getting increases of between 5 – 10 %.
Johanna Baxter, UNISON head of local government said: “This offer is a victory for UNISON members. It has taken 8 months and the industrial might of UNISON members in schools and early years and waste and recycling workers to drag £600m out of Scottish government and COSLA and into the pockets hardworking people.
“COSLA originally offered 2%, then 3.5%, then 5% – we now we have £600m on the table, which is a 7.5% increase to the total pay bill and 87% of our council workers will receive fully consolidated increases between 5% to 10%.
“UNISON want to get this money into the pockets of council workers now while we continue the campaign to support people through the cost of living crisis,
“It is only through the collective action of our members in school and early years staff threatening strike action and our waste and recycling workers taking action that we have forced these extra funds out of government and the employer.
“Our member’s message was clear and unequivocal – UNISON’s local government members are no longer prepared to be treated as the poor relations of the public sector. They will stand up, speak up and organise to win change together. There is always more to do but this is a welcome step in the right direction.”
Mark Ferguson, chair of UNISON Scotland local government committee said: “Do not underestimate the scale of the achievement for UNISON members. We have won significant increases from where we started 8 month ago. We have had to drag the employer to the table to even talk to us.
“This will go someway to help them through the cost of living crisis but by no means is the fight over. UNISON will now continue its campaign to improve pay and conditions for all workers in local government.”
Unite the union can confirm that following talks involving the First Minister, Nicola Sturgeon, COSLA and the trade unions, a new ‘credible’ pay offer has been formally put on the table.
Unite can confirm that the substance of the new offer has led to a recommendation by its local government committee to accept.
Strikes scheduled to take place in waste and education services from 6 to 13 September are now suspended. Unite will hold a consultative ballot of its local government membership on the offer which it aims to complete by 22 September.
Unite can confirm a flat rate fully consolidated offer of £2,000 for those earning up to £20,500. This is the equivalent to an increase of around 10 – 11 per cent for the lowest paid who are estimated to be around 18 per cent of the total workforce. The offer is consolidated into overtime, allowances and pensions.
It further includes a £1,925 flat rate offer which is fully consolidated for those earning between £20,500 and up to £39,000. This is the equivalent to an increase of 8 per cent for those earning around £24,000. The offer would also be backdated to April.
Unite estimates that trade union negotiators have been able to secure around an extra £460m for local government since the dispute in waste services began in Edinburgh on 18 August.
Wendy Dunsmore, Unite’s lead negotiator for local government, welcomed the new offer, she said: “After the latest round of intensive talks a new credible offer has finally been put on the table by COSLA. Unite wants to acknowledge the First Minister’s direct involvement as a primary reason for the breakthrough.
“The offer on the table is fully consolidated and as such there will be more cash in the pot going forward for local government workers. It provides a degree of security for the lowest paid with a flat rate offer of £2000 which is an uplift worth around 10-11 per cent.
“We now have a credible offer which our local government representatives can recommend to the membership for acceptance.”
It is reported that more than half of Scotland’s 250,000 council workers are earning less than £25,000 a year for a 37-hour week.
COSLA has said it was delighted to get to a point in this year’s pay negotiations whereby a fresh pay offer has been put to the Trade Unions.
Commenting yesterday [Friday 2nd September 2022] following a meeting of Council Leaders, Councillor Katie Hagmann, COSLA’s Resources Spokesperson, said: “Firstly I would like to thank all our Trade Union colleagues for the constructive discussions.
“The revised offer made shows that Scotland’s Council Leaders have listened to the concerns of our workforce and have responded positively.
“Council Leaders have said consistently throughout these negotiations that we very much value and are grateful to the Local Government Workforce.
“We have sent letters to our union colleagues following today’s meeting and hope that this enables strike action to be suspended and allows our workforce to get back to doing what they do best, delivering high quality essential services for the people within our communities right across Scotland.”
Commenting on the new pay offer for local government workers from COSLA, STUC General Secretary Roz Foyer said: “Unions work. This offer could not have been possible without the solidarity of our collective movement. As it should be, it’s now up to the members whether to accept this proposal.
“We’re facing the gravest cost of living emergency seen for generations. When there is the political will to do so, instigated by Scotland’s workers and with the assistance of political leaders, the Scottish Government can indeed intervene to help those most in need.
“Other workers across public services will welcome this precedent as they too seek pay justice in the face of the cost-of-living crisis. We intended to make this loud and clear at our cost of living pay march outside the Scottish Parliament this Thursday, September 8th.”
The City of Edinburgh Council has updated its advice to residents following this afternoon’s announcement that industrial action is to be paused.
Strike action was due to restart in Edinburgh on Tuesday but, following the latest offer from COSLA, Unite and GMB trade unions have agreed to suspend the action while they conduct a consultative ballot of their members.
The Council has updated its recovery plan to take account of this and residents are being advised that kerbside collections (grey and green wheelie bins, plus food waste) will resume as normal from next week.
This excludes garden waste and blue box glass collections, which will restart from 13 September. As previously communicated, garden waste customers will be compensated for any missed collections resulting from strike action.
Any residents who were due a collection on Thursday 1 or Friday 2 September whose bins haven’t yet been emptied are being advised to leave them out for collection – they’ll be emptied as soon as possible.
Street cleaning teams, meanwhile, continue to make good progress with the city-wide clean-up, focusing their efforts on high-footfall areas and working closely with waste collection teams to clear excess litter around bins.
Full details of the recovery plan and the latest guidance have been published on the Council website: www.edinburgh.gov.uk/binstrike
Council Leader Cammy Day said: “Clearly, I’m pleased that next week’s strike action has been suspended while union members consider this latest offer – and I’m cautiously optimistic that they’ll follow their unions’ recommendation and accept.
“This dispute has already dragged on way too long and the Scottish Government and COSLA leadership would do well to reflect on this going forward.
“I know this will come as a relief to residents and businesses across Edinburgh who’ve had to endure a difficult few weeks for our Capital city – but I hope, like me, they’ll agree it’s been worth it to secure a fair deal for our hard working colleagues.
(NOTE – Cammy Day voted to offer those ‘hard working colleagues’ just 3.5%!)
“Our teams have put in an incredible shift since returning to work on Tuesday – collecting an eye-watering 3,500 tonnes of waste in the process and underlining their immense value to our city and its reputation.
“The clean-up will continue in the coming days and most kerbside collections will resume as normal from next Tuesday. Unfortunately, for this to happen, we do still need to divert some resources away from garden waste and glass collections, but I’m pleased they’ll be able to resume from the following week.
“I appreciate that this has been, and continues to be, an extremely challenging period for us all and I would like to thank our residents, businesses and visitors for their continued patience and understanding.”
NO DEAL: Unions reject new Cosla offer that’s ‘as good as it gets’
MORE BINS MISERY LOOMS AS FURTHER STRIKES PLANNED
COSLA last night expressed its disappointment with the Local Government Trade Unions reaction to ‘one of the best pay deals for their workforce in decades’.
The offer, negotiated on behalf of Scotland’s 32 councils, is an overall package worth half a billion pounds, giving 5% to all staff plus an additional cost of living payment to our lowest paid employees. Based on a 37-hour week no member of staff will get less than an additional £1925 and for those earning under £20,500 at least a £2,000 pay increase – for this year and also next year.
This has been designed to address the concerns and firm view of Trade Unions that the lowest paid must be protected during this crisis and demonstrates Local Government’s commitment to not leave anyone behind.
Councils continue to strive to lead the way in pushing up minimum rates of pay and as well as this are including an extra days annual leave this year.
Councillor Katie Hagmann COSLA’s Resources Spokesperson said: “Council Leaders have said consistently throughout these negotiations that we absolutely value and are grateful to all of our local government workforce.
“It is perhaps only when waste starts piling up and there is the prospect of further disruption to life with school closures that others see the hidden value local government services deliver each and every day of the year in our towns, villages and cities.
“It is for this reason that we as employers have done everything possible to put the best offer we can to our workforce. But we are now at the absolute extremes of affordability and this is already an offer which is stretching our already stretched finances like never before.
“This year’s offer is significantly better and different to previous offers and would have helped to support our Council workforces across the country at this difficult time.
“That support is crucial at any time but particularly now, during the cost of living crisis the country is facing. This is why we are so disappointed with the response to it from our Trade Union colleagues.
“Given our commitment as Employers to get to this point, we are disappointed that Trade Unions will not suspend planned strike action whilst they put this offer to members to allow workers to get back to doing what they do best, delivering high quality, essential services right across Scotland.
“My final point to the Trade Union colleagues is that we have done everything we possibly can to get to this stage and that this offer – which is still on the table – is as good as it gets.”
UNISON responded: ‘Strikes to continue – We will recommend UNISON council members vote to reject the latest LG pay offer in a digital consultative ballot in the coming days.’
GMB Scotland and Unite, the two other unions locked in the local government dispute, also rejected the latest pay offer. GMB says the council pay offer feathers nests of service directors over frontline staff.
GMB Scotland Senior Organiser for Public Services Keir Greenaway said: “A flat rate award is a key demand from unions to ensure more consolidated money goes into the pockets of frontline workers and not the highest paid in our councils. COSLA knew this but instead tabled this offer as an across-the-board percentage rise that only feathers the nests of service directors.
“This was unacceptable to our local government committee members. It’s not credible that in the grip of the biggest cost-of-living crisis in forty years, and with inflation and energy bills soaring, a head of service gets four times the consolidated increase than a bin collector, cleaner or carer.
“That’s why we have written to COSLA again this evening urging them to return to talks as soon as possible and to negotiate a new offer based on a flat rate increase. If they don’t do this, then when our committee reconvenes tomorrow, we will outline our plans to fully consult GMB members.”
The big clean up begins in Edinburgh this morning – but unless a pay deal can be thrashed out we could be facing another round of industrial action in Auld Reekie as earky as next week.
UNITE members rallied outside the City Chambers yesterday to mark the end of the first wave of strikes – but made clear this dispute is far from over.
A Unite spokesperson said: “Unless they get an offer Local Authority workers deserve, Edinburgh will be joined by 19 other Councils to take further action from September 6th.”
One Day More!
Work to clear mountains of rubbish on Edinburgh’s stinking streets begins tomorrow
The City of Edinburgh Council is preparing to resume waste and cleansing services following industrial action.
With the scheduled strike due to end at 4.59am on Tuesday, additional resources are being deployed to support street cleansing and communal bin collections, particularly in the city centre and other areas most affected by the strike.
Residents receiving kerbside collections are being asked to put their bins out as normal on their scheduled collection day. Extra waste will be collected during this time, if it is bagged and put next to wheelie or communal bins
Blue box (glass) collections will continue to be suspended to prioritise resources, though Household Waste and Recycling Centres will reopen from Tuesday with extended hours. Bookings can be made online as normal.
Full details of bin collection days, the recovery plan and advice on dealing with waste can be found on the Council website.
Council Leader Cammy Day said: “I regret the impact this national crisis has had on our Capital city and am continuing to press the Scottish Government to fund an acceptable settlement. Talks are continuing over the weekend and I’m hopeful we can reach agreement and prevent any further disruption.
“As I’ve said throughout, I fully respect the right of our colleagues to take this action and have their voices heard. As a trade union member myself, I’ve joined the picket lines in support of fair pay for our workforce and will do so again.”
He may have joined a picket line, but Edinburgh’s Labour council leader has been criticised for voting AGAINST a 5% pay offer to the striking workers, instead voting with the Tories at a Cosla meeting to support an increase of just 3.5% – an offer that would never have been acceptable to the trade unions.
However Cllr Day went on:”This dispute has brought the value of our waste and cleansing teams – and their right to fair wage – into sharp focus and I’m delighted they’ll be back out from Tuesday, helping to return our city to its best.
“While they’ll be working hard to catch up on collections and making every effort to collect litter across the city, it’ll take time for things to return to normal. Please bear with them as they do so and, if you can store your extra waste safely for a little longer or are able to book an appointment at a recycling centre, please do so.
“If your bin is not collected on its normal day, please leave it out and it’ll be picked up as soon as possible thereafter.
“I appreciate that this has been an extremely challenging period for us all and I would like to thank our residents, businesses and visitors for their continued patience and understanding.”
While the industrial action in Edinburgh ends tomorrow, the pay claim has not been resolved and further strikes will follow unless a settlement can be reached. Some progress has been made however and a deal is edging closer – Cosla and the trade unions will meet for a fifth day of talks later today.
Services restart 30 August
Our bin collection and street cleaning services will restart on Tuesday 30 August.
We’ll be working hard to catch up on collections after the strike action.
If you are able to take excess waste, such as cardboard, plastics and other dry recycling, to the household waste recycling centres, please book an appointment. This would help our teams collect other waste more quickly. Recycling centres hours have been extended.
Thank you for your patience and understanding.
Communal services
- Communal bin collections are restarting from 30 August.
- We will collect excess waste – please bag it and place it neatly beside the bin. If you can, please put mixed recycling in a clear bag.
- Do not leave large bulky items, like furniture or mattresses, beside bins. Please book a special uplift or book an appointment to take it to a recycling centre.
- We have additional council teams helping with collections however it may take time for collections to get back to normal and we appreciate your patience.
Kerbside services
- Restarting on 30 August and will be focused on key services.
- There may be some disruption as we catch up on the backlog.
- Please put your bins out on your next scheduled collection day. Check when your next scheduled collection day is.
- If your bins are not emptied on your normal collection day, please leave them out until we get to them.
Non-recyclable waste collections (grey bins)
- Restarting on 30 August. Please put your bin out on your next scheduled collection day.
- We will collect excess waste as long as it is bagged. Please bag your extra waste neatly beside your wheelie bin on your scheduled collection day.
Mixed recycling collections (green bins)
- Restarting on 30 August. Please put your bin out on your next scheduled collection day.
- We will collect excess waste as long as it is bagged. Please bag your extra waste neatly beside your wheelie bin on your scheduled collection day. If possible, please bag your mixed recycling in a clear bag.
Food waste collections
- Restarting on 30 August.
- Please put your food bin out on your next scheduled collection day. Please do not present excess food waste outside the caddy.
Glass collections (blue box)
- To allow us to catch up with collecting other waste, kerbside glass collections is still suspended. We will let you know when this collection will restart.
- If you want to, you can make an appointment to take your glass to one of our household waste recycling centres.
Garden waste collections (brown bins)
- Restarting on 30 August. Please put your bin out on your next scheduled collection day.
- If you’re a garden waste customer, we’ll be in touch shortly with details of how we’ll compensate you for any collections missed during the strike.
Gull proof sacks
- Please put your sack out for collection on your scheduled collection day this week.
- We will collect extra waste. Please bag it and leave it neatly beside your sack.
Litter bins and street cleansing
- These services will restart from 30 August.
- Our street cleansing teams will be prioritising the city centre, town centres, and areas with high footfall and many on-street bins.
- We’ll be working hard to collect litter across the city but it may take time to catch up on the backlog. Thank you for your patience.
Request and replacing bins and boxes
Our repair, replacement or removal of bins and boxes service is still suspended. This is to allow us to divert resources to cleansing and waste collections.
Waste reporting and enquires
We have removed online reporting for waste and cleansing as we focus on catching up with cleansing and waste collections.
If you need to report an emergency issue where waste is causing injury or hazard, please phone and listen to the new options carefully. Phone 0131 608 1100 from
- Monday to Thursday between 10am and 4pm
- Friday between 10am and 3pm
After these hours, phone 0131 200 2000.
Local Government strikes: COSLA tables improved offer
Local government umbrella organisation Cosla has tabled an improved offer in a bid to end planned industrial action bu council workers.
COSLA Resources spokesperson Councillor Katie Hagmann said yesterday: “Following Leader’s Special meeting today they have mandated me to move forward with our trade union partners on the basis ofan offer that raises the overall value to 5% and in addition raises the Scottish Local Government Living Wage to £10.50.
“In doing so, Leaders have reaffirmed the need for a discussion with Scottish Government on how they can support Councils by providing flexibilities and long term funding support.
“This will limit the risk to public services and the impact on communities”.
Local Government trade unions will now take the improved offer to their members, but with inflation currently running at 10.1% it’s far from certain that the offer will be enough to end the ongoing strike here in Edinburgh and industrial action set to take place across Scotland next week.
The Bank of England has warned that inflation will exceed 11% this year and could go even higher.
Strike action began in Edinburgh on Thursday when GMB Scotland and Unite the union members employed by The City of Edinburgh Council took the first of 11 days of strike action.
A GMB spokesperson said: “Waste will pile up during the Edinburgh Festival Fringe. We make no apologies for this. Political leaders are to blame, and if they want to stop these strikes then our members need a pay offer that confronts this cost-of-living crisis.
“Our members won’t accept working poverty as an inevitability. They’re standing together and fighting for the pay rise they deserve.”
Stand Up for The Bin Workers!
Wednesday August 24, 9pm at The Stand Comedy Club
Gala comedy benefit to support striking refuse workers, starring Mark Thomas, Jason Byrne, Jo Caulfield, Kiri Pritchard-McLean, Mark Nelson, Shazia Mirza, Susie McCabe, Rachel Fairburn, Vladimir McTavish and Danny Bhoy
Edinburgh refuse workers, like all of us, are being hit hard by the cost-of-living crisis. They are on strike for a living wage. The money raised from the benefit, organised by The Stand Comedy Club & English comedian Mark Thomas, ‘One of the few stand-ups still to carry the political standard of alternative comedy’ (Chortle), will go straight to their official strike fund.
Mark Thomas (below) says: “These are the workers who got us through Covid and now they are being told to take a real cut in their wages. It’s unacceptable and they deserve our support in fighting back.”
GMB Support Worker Kirsten Muat says: “Too many local government workers across Scotland are already suffering in work poverty. The bin men in Edinburgh are striking to try and put an end to that.
“GMB are incredibly grateful to everyone supporting the striking workers, including all the comedians and members of the public coming along to the benefit gig.”
The support will go along to ensuring workers in Edinburgh waste and their families can survive this cost of living crisis and sustain action.
Rail strikes: Shapps speaks out
Transport Secretary, Grant Shapps said: “Today (27 July 2022), union bosses are once again trying to cause as much disruption as possible to the day-to-day lives of millions of hardworking people around the country.
“What’s more, it has been cynically timed to disrupt the start of the Commonwealth Games and crucial Euro 2022 semi-finals, in a deliberate bid to impact the travel of thousands trying to attend events the whole country is looking forward to.
“Sadly, this is nothing new. In fact, in my 3 years as Transport Secretary, there has not been a single day when unions have not been in dispute with the rail industry by either threatening or taking industrial action with around 60 separate disputes lodged in 2022 alone.
“This country’s taxpayers stumped up £600 per household to ensure not a single rail worker lost their job during the pandemic, but many of those very same people will be forced into losing a day’s wages through no fault of their own but because of stubborn union leaders’ refusals to modernise.
“Union bosses will claim they’re willing to do a deal but how can anyone take them seriously when, earlier this month, the RMT dismissed a Network Rail offer worth 8% over the next 2 years without even consulting their members.
“Unfortunately, it’s too late to call off today’s damaging strikes but I urge the RMT and indeed all unions to stop holding the country to ransom with the threat of further industrial action and get off picket lines and back around the negotiating table. If not, we risk passengers turning their backs on the railway for good.”
RMT Press Office issued the following statement yesterday:
There are reports based on anonymous briefings from the rail industry to the right-wing media that are wholly inaccurate regarding negotiations in this dispute.
The last offer we had from Network Rail was rejected by our National Executive Committee on 13 July. There has been no new offer since from Network Rail.
Claims about the “sentiment” expressed by Eddie Dempsey and relayed by anonymous industry sources to the Daily Telegraph are factually wrong.
We were optimistic about making enough progress to suspend strike action. That is how we always approach negotiations because RMT is serious about getting a negotiated settlement.
However, that evaporated when Network Rail hardened their position on attacking our members conditions of work and even threatening to put compulsory redundancies back on the table.
Anonymous rail industry sources are attempting to drive a wedge between striking members and our NEC which will fail.
Threatening us as they did with punishing our members with compulsory redundancies and 50% cuts in maintenance schedules is a poor negotiating tactic and will lead to extending the time it takes to reach a deal.
The RMT has not anonymously briefed the media at any point during this dispute or gone into great detail regarding the ins and outs of negotiations that are behind closed doors.
That is because we feel that would be an act of bad faith and the public are more interested in the substantive issues and whether we can reach a settlement.
Our strike action remains on tomorrow (Wednesday) and we will continue to work to get job security, a decent pay rise and good working conditions for our members in Network Rail and the Train Operating Companies.
TUC: Building Worker Power
ESSAY COLLECTION LAUNCHED
Union members’ rights are under ferocious attack by bad employers like P&O Ferries and by a government intent on hindering workers’ ability to demand better pay and conditions (writes TUC’s NINA REECE).
This will look familiar to trade unionists David Wilson and Terence Palmer who, 20 years ago, defeated hostile bosses and a Tory government in a long-running case that made it to the European Court of Human Rights.
Their court victory is marked with the publication by the TUC of ‘Building Worker Power’, a collection of essays by leading lawyers, politicians and trade unionists. Their contributions outline the importance of the landmark Wilson and Palmer case, the challenges facing those fighting for union rights today and what modern collective rights would look like.
PHOTO CREDIT: © JESS HURD
In 1989, Daily Mail journalist David Wilson received a letter from his employer: it was not going to renew its recognition agreement with the National Union of Journalists.
On top of this, any journalist who signed a contract of employment with the company before the agreement was due to end was given a 4.5 per cent pay rise.
Meanwhile, RMT member, Terence Palmer worked for the ports in Southampton.
His employer was also offering new contracts, this one coupled with a 10 per cent pay rise, on the condition that the workers would no longer be represented by his union, the RMT.
This was union busting, plain and simple. The employers were withdrawing from collective bargaining and offering workers bribes to enter into personal contracts. Anyone who chose to remain within the collective agreement was denied the increased pay.
With the support of their unions, Wilson and Palmer took their cases to industrial tribunal. They argued that the actions of their employers violated their rights: “the right to form and join trade unions for the protection of [one’s] interests”, an aspect of freedom of association protected under article 11 of the European Convention on Human Rights (ECHR).
In his essay, Professor Keith Ewing reflects that this was not easy. There was a long legal battle and the Conservative government intervened, tinkering with the law to make it easier for employers to derecognise a union and remove the protections they afford.
Professor Keith Ewing speaking at the collection launch. PHOTO CREDIT © JESS HURD
Eventually, the European Court of Human Rights (ECtHR) held that by permitting employers to discriminate against trade unionists, British law had violated the ECHR.
In response to the 2002 ECtHR ruling, Section 145b of the Trade Union and Labour Relations (Consolidation) Act (TULRA) was established by a new Labour government. This meant that union members now had the right to not receive employer offers which, if accepted, would stop their terms and conditions from being determined by collective bargaining.
David Wilson and Terence Palmer had won and the law had been changed. But this ruling had even further reaching consequences.
In their essay, barristers Michael Ford QC and Stuart Brittenden show how in 2021, Section14b of TULRA was used again, when Unite members Dunkley and others won against Kostal UK Ltd at Supreme Court to establish that bosses can’t just ignore recognition agreements then claim that, even if they had ignored the collective procedures, they could not be penalised as they had not decided to do so permanently.
Today, labour activists and law defenders continue the fight for our right to trade union activities.
TUC General Secretary Frances O’Grady speaking at the collection launch. PHOTO CREDIT © Jess Hurd
UNISON’s Shantha David, and Thompsons’ Rachel Halliday show in their essays that government attempts to undermine human rights principles in UK law could make it far harder to advance collective rights.
The proposed Bill of Rights would weaken the government’s obligation to ensure UK law reflects our convention rights and could leave workers with no choice but to challenge attacks on those rights at the ECtHR in Strasbourg, a costly and complicated process.
Frances O’Grady and lawyer Rachel Halliday speaking at the collection launch. PHOTO CREDIT © JESS HURD
New plans have also been announced to allow agencies to supply workers to perform the duties of employees who are on strike, making it harder for working people to organise collectively and defend their jobs.
In her foreword, Labour’s Angela Rayner makes a positive point: progress can be made by strong union organising and a robust legal strategy.
The Wilson and Palmer case proves that workers and our unions can win. We need to be just as determined as they were.
Download ‘Building Worker Power: Essays on collective rights 20 years after the Wilson and Palmer case established the right to be represented by a trade union’ here.
Just Transition: Government must act on decarbonisation recommendations
Trade unions and environmental organisations are calling on the Scottish Government to show real commitment to fairly cutting climate pollution throughout the economy and to embrace the recommendations of the new Just Transition Commission’s first report published today.
The Just Transition Partnership, an initiative set up by Scottish Trades Union Congress and Friends of Earth Scotland in 2016, had called on the Scottish Government to set up the Commission.
The Partnership praised the first report of the new Just Transition Commission for its sharp focus on closing the investment gap, delivering a better deal for workers, tackling inequalities at every level and the need for a global just transition.
The report also calls for:
+ targeted investment in public transport, expanding rail networks, making services affordable and improving provision in remote and rural areas, rejecting Scottish Government proposals for cuts to the railway;
+ urgently tackling fuel poverty and “affordable clean energy [to be made] be available to all…addressing pricing barriers for renewable sources and reducing energy consumption through increased efficiency”;
+ the new National Care Service to be placed “firmly within the public sphere, with a robust public investment plan and a human rights delivery approach at the local, regional and national level”;
+ a new approach to industrial planning to address the “challenges of large-scale decarbonisation, the cost-of-living emergency and the climate emergency [and which] demand a whole system transformation”;
+ prioritising a ‘do no harm’ approach overseas, recognising that Scotland’s “position as an advanced economy was gained through the historic exploitation of fossil fuels, and indeed the natural resources of formerly colonised regions”.
STUC Deputy General Secretary Dave Moxham said: “We have long argued for a coherent low-carbon industrial strategy that creates decent unionised jobs through significant public investment and places the voice of workers at its core via trade union involvement at national and workplace level.
“This report lays out some of the important steps that the Scottish Government should take to achieve a Just Transition in areas such as energy, buildings and transport to ensure that workers and their communities are not left behind.
“The National Care Service recommendations are welcome. As with energy, we believe public ownership is best for tackling the climate and cost of living emergencies. Taking care services away from local government damages local delivery and accountability.”
Friends of Earth Scotland Head of Campaigns Mary Church said: “From investing in and expanding public transport to making clean energy available and affordable to all, this report outlines a series of clear recommendations for a transformative programme of climate action that can serve people and the planet.
“It also highlights the need for contingency plans where negative emissions technologies are relied on, a timely echo of repeated warnings on this front with the Scottish Government’s recent admission that these technologies won’t deliver for 2030.
“It’s hugely welcome that the report calls for an approach to just transition that does no harm overseas, particularly in the global south, and the duty on Scotland as a rich, historical polluter in creating an enabling environment for a global just transition through climate finance, knowledge and resource sharing.
“The Scottish Government must now take rapid action to deliver on these recommendations to plug the gaping hole in its climate plan and ensure we can hit climate targets, tackle the energy price crisis while creating new opportunities for workers and communities across the country, and paying our climate debt to the global South.”
Ministers will have an opportunity to show their commitment to a Just Transition by incorporating the report’s recommendations in the draft revised Energy Strategy and Just Transition Plan which is scheduled for consultation in Autumn and in the forthcoming Climate Change Plan, expected in spring 2023.