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This new pamphlet by Graham Stevenson, with a foreword by Mick Costello details one of the most famous disputes of the 1970s.
Citation preview
The Pentonville 5: dockers in action
solidarity and the anti-union laws
by Graham Stevenson, Foreword by Mick Costello
HISTORY Pamphlet No. 7 New Series £1.50
OU
R
Communist Party
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Published by the Communist Party July 2012
ISBN 978-1-908315-19-9
Britain’s
Road to Socialism
The new edition of Britain’s Road to
Socialism, the Communist Party’s
programme, adopted in July 2011; presents and analysis of capitalism and
imperialism in its current form;
answers the questions of how a
revolutionary transformation might be
bought about in 21st Century Britain;
and what a socialist and communist
society in Britain might look like.
The BRS was first published in 1951
after nearly six years of discussion and
debate across the CP, labour
movement and working class. Over its
8 editions it has sold more than a
million copies in Britain and helped to
shape and develop the struggle of the
working class for more than half a
century. Other previous editions of
the BRS have been published in 1952,
1958, 1968, 1977, 1989 and 2000 as
well as multiple substantially revised
versions.
Cover Image On being released from prison with no
stain on his character, Vic Turner, leading port shop
steward and Communist, is carried high on the
shoulders of supporters outside Pentonville jail,
against the backcloth of probably the most famous
banner of the 1970s
Our History No. 7 1
Pentonville 5: Dockers in action, solidarity and the anti-union laws
CONTENTS
page
Foreword by Mick Costello 2
The Pentonville 5: Dockers in action,
solidarity, and the anti-union laws
Graham Stevenson
Introduction 7
Preface 5
The 1970 national docks dispute 10
Containerisation and the NIRC 15
Communist Party www.communist-party.org.uk
HISTORY Pamphlet No. 7 New Series £1.50
OU
R
A quick release 26
The 1972 docks strike 20
In the short and the long run 31
Sources 32
Biographical note 32
2 Communist Party History Group
Pentonville 5: Dockers in action, solidarity and the anti-union laws
Foreword
This, the latest in the Communist Party’s “Our History “series serves to restore
knowledge of another major class conflict, one that pitched Britain’s Dockers against
the ruling class use of the laws and courts to cut the value of wages and reduce the
labour force in order to increase its profits.
A major lesson from the experience of conflict under capitalism is that whatever battle
is won by organised workers has to be fought again, and again, and again to retain
gains made. A major weapon in the class enemy’s armoury is to steal the history of
class struggle from working people, to deny them the knowledge of their own history,
as one can see in most history books, school and university syllabuses and the mass
media of Press, TV and radio as well as the web, including Wikipedia.
See what you get if you call up Labour’s anti-union Bill “In Place of Strife” or the
Tories’ sequence, the “Industrial Relations Act” and note the virtually total omission
of descriptions of the pressure of the mass movements, including widespread strikes
that underlay the defeats of those programmes for hobbling workers in the form that
they were originally put forward. Similarly, with the Dockers’ fight for pay, jobs and de
-casualisation in the 1960s and 1970s… And, just as then, the Morning Star remains
the only daily newspaper that described the struggles to help the Dockers retain
confidence in their ability to win victories though struggle.
This pamphlet sets much of the record straight, honestly describing what happened
from the ground level upwards, in the docks, the law courts and government
commissions, and in the labour movement’s fight back. It brings out the part played by
Communists as trusted openly-elected workers’ representatives as shop stewards who
provided leadership. They were elected by their co-workers - not through backroom
conspiracies. None of the information that the secret police got from its informers, as
the pamphlet describes, could be of much use against the trade unions’ open
democracy.
The pamphlet has relevance to what is happening today, as again Right-wing Labour
and the Tories argue about the ways in which living standards must be brought down
‘in the common interest’ to protect the bosses’ profits during the current political and
economic crisis capitalism faces.
Today, just as in the years of the Dockers’ struggles that are described in the pamphlet,
Our History No. 7 3
Pentonville 5: Dockers in action, solidarity and the anti-union laws
the ruling class’ fundamental strategy is to pass and enforce laws to hold down wages,
sack workers by describing them as “redundant” (!) and deny workers the right to
organise for action, yet leaving untouched the bosses’ profits, their ownership and
control of extractive, manufacturing and distribution industries, the land and,
increasingly, the social services and the industries and labour that supply these. They
do this under any name or catchword they can dream up: “social contract”, “incomes
policy”, “wage restraint” and the fantasy that “we’re all in this together” and so on.
But none of this can stop organised workers taking action because the class struggle
cannot be legislated away. That is one lesson of the dockers’ battles and of all other
workers’ struggles. The reminder about the dockers can help to see them together with
miners, hospital, local government, education, health, construction and all other
workers in struggle. Awareness that victories can be won is essential for the working
class and democratic movement to mobilise against attacks from the bosses and their
government today. This pamphlet helps towards this by telling the dockers’ story.
4 Communist Party History Group
Pentonville 5: Dockers in action, solidarity and the anti-union laws
Mick Costello - a
biographical note
When a student at Manchester University,
Mick Costello became an activist in
Communist student work and won a election
to the President of the Student Union by
beating Anna Ford, later to become a well-
known TV journalist.
He was connected with the practical and
theoretical study of Soviet economics before
becoming the Communist Party’s National
Industrial Organiser in succession to Bert
Ramelson. This was arguably the high point
of Communist influence in the trade union
movement which had been built up over the
years, with a reputed one quarter of delegates
to the TUC being members or close supporters
of the Party. At one point the Sun called
Costello "the most dangerous man in
Britain".
Costello was the Industrial Editor of the
Morning Star for periods in the 1970s and in
the early 1980s, playing a vital role during the
miners’ strike, not just by making the
Morning Star virtually the only that
authoritatively covered the dispute.
He also worked closely with a number of that special breed of journalist, the now largely
defunct industrial correspondent, to promote awareness of how the Left worked within the
unions and a proper understanding of the subtleties of events and personalities.
Recognition of this was shown in his repeated election to chairmanship of the Labour and
Industrial Correspondents Group of journalists.
Mick Costello became much involved with promoting economic and trade union contact
with the Soviet Union and Russia during the 1990s. In more recent years, he has returned to
academic work. He is currently the Kent secretary of the Communist Party.
Mick Costello in the 1970s
Our History No. 7 5
Pentonville 5: Dockers in action, solidarity and the anti-union laws
Preface The force of the response of, especially, London Dockers in the 1960s and 1970s against
attacks on their organisation, job protection and living standards cannot be
understood without an appreciation of the context of the decades that led up to it.
Towards the end of the term of office of the first post-war Labour Government, it
faced an unofficial wages strike by Dockers in a number of ports but mainly London.
In response, government ministers sought to use war-time regulations to smash the
strike.
Dockers’ rank-and-file leaders were charged with conspiracy to incite in contravention
of national arbitration order number 1305 (introduced in July 1941). This prohibited
strikes unless the Minister of Labour had not referred the dispute for settlement within
twenty-one days. Seven `ringleaders’ were identified – most of them Communist Party
members. From London, there was Joe Cowley, Ted Dickens, Harry Constable and
Albert Timothy; from Liverpool: Bob Crosby and J "Nudger" Harrison; and from
Birkenhead, Bill Johnson.
1951 Dockers’ rank-and-file
leaders, Albert Timothy, Ted
Dickens, Harry Constable
On 9th February 1951 police
raided the White Hart public
house Ratcliffe Highway, Stepney where a meeting of the unofficial Port Workers
Committee was taking place: "suddenly the doors of the committee room burst open and in
stepped five hefty six-footers, up spoke the chairman "I don't know what sector you're from,
but I've never seen you on the committee, who are you?
"We are the Law" said one of them "and it's a pinch."
"A pinch?" said Wally Jones the Chairman. "What on earth are you talking about? We are
a strike committee!"
"That's it”, said the police spokesman. "We are arresting seven of your members under
Order 1305, strikes and lockouts are illegal and you have contravened the Law"
In response 7,000 dockers stopped work in London and 11,000 on Merseyside and, on
their first day in court the same number of dock workers struck again …and again!
London dockers came out seven times on 24 hour protest strikes under the slogan "If
they're in the Dock, we're out of the Dock !". Dockers turned up to support the men
throughout the trial and Vic Marney, Secretary of the Unofficial Liaison Committee
was arrested for obstruction. Finally, 8,000 men turned up to support the men on the
6 Communist Party History Group
Pentonville 5: Dockers in action, solidarity and the anti-union laws
day the verdict was to be announced,
singing Land of Hope and Glory, Rule
Britannia, Sons of the Sea, and a moving
rendition of Kevin Barry by those of
Irish descent. The seven were duly
acquitted on all counts and were carried
shoulder high through police lines,
leading to the hostile police organising a
mounted “Cossack” style assault on the
dockers.
Some of the men involved in this massive
protest were still trying to get work on the
docks as the `rationalisations’ of the 60s and 70s hit. But perhaps more significant was
that dockers’ sons did not ask what their fathers did in the war. They knew that well;
since it was a reserved occupation most of the men of 1951 had to carry on working.
They had to have nerves of steel, tested by their need to sit night after night under the
storm of raining bombs that sought to obliterate their workplaces. But most dockers
did ask what their fathers had done in the 1951 strike! Many of the dockers active in
1972 were the sons of the men of 1951, brought up on tales of derring-do in the teeth
of the opposition of the State to
London dockers, who stood
united, to a man. These were not
men brought up to tremble at
the knees at a little law-breaking!
During a period most obviously
best paralleled to the Great
Unrest of 1910-14, the London
and Liverpool dockers in
particular showed themselves
possessed of a brand of
militancy so stalwart that
everyone else had to race to
catch them up.
A contemporary depiction of the dockers’ leaders being
burst upon by police
Ted Dickens (left) and Joe Cowley (right) the Communist leaders of
London dockers triumphantly carried on shoulders of dockers after
being released.
Our History No. 7 7
Pentonville 5: Dockers in action, solidarity and the anti-union laws
Introduction
The 1970 and 1972 docks’ strike and the build-up to a Pentonville general strike were
just part of a phase of stunningly effective militancy during the 1970-4 Tory
government, including two miners’ strikes, the latter of which culminated in the Tories'
electoral defeat. Unquestionably, the source of the conflict lay in two facets of Tory
strategy and its de-facto alignment with Right-wing Labour policy of collaboration
with the employers, one of which was to seek to diminish the value of working class
incomes and the other was to shackle the ability of their unions to defend these.
The grand plan enshrined in the Tory 1971 Industrial Relations Act was a significant
challenge to the freedom and independence of British trade union. Whilst the TUC
dithered, most trade unions were not prepared to let it come in without a darned good
fight. The Liasion Committee for the Defence of Trade Unions (LCDTU) (of which
more later) led the way with a call to mass industrial action, backed by five unions, and
several mass strikes took place. Almost certainly the largest demonstration ever, up to
that time, took place when the TUC called a campaign against the draft legislation
that led to the Act after hundreds of thousands of workers took part in unofficial days
of action. But the TUC’s official slogan `out with the bill’ contrasted sharply with the
more radical `kill the Bill’ that formed the most popular badge worn that day. More
significantly, real and serious political strikes took place – including massive unofficial
ones. One source suggested over 100,000 workers walked out on strike in one London
protest alone. Some industrial relations history authorities now concede that as many
as 1.5 or even 2 million people stopped work across the country in several mass protests
and the numbers on demonstrations in many cities have certainly rarely, if ever, been
exceeded since.
But the Act was steam-rollered in, even if – in daily practice - it was doomed to hardly
see the light of day. After the rail workers made fools of the authorities, the dockers
trashed the legislation practically for good. The law’s main thrust was to restrict the
power of workers and their unions by establishing a special court to handle relevant
cases, the National Industrial Relations Court (NIRC). This political high chamber
was doomed to fail and the story of Pentonville is largely that story.
Aiming also to fundamentally alter the balance of power between workers and
employers, with the state fielding for the latter, the Tory Industrial Relations Act
failed abysmally in its purpose. Section 5 of the Act gave workers the right not to
belong to a union but this had little effect on most closed shop agreements. It took the
Tebbit-inspired legislation of the early 1980s to finally bring about a change on this
8 Communist Party History Group
Pentonville 5: Dockers in action, solidarity and the anti-union laws
aspect. Applications to Industrial Tribunals to resolve conflicts at work about
discipline were introduced but this system did not take off until a returned Labour
government softened some of the draconic provisions of the Act in the mid-1970s and
the Con-Dems are now poised to turn the clock back in practice. Rights to obtain
formal recognition were provided but this needed the unions to collaborate with the
whole approach and, given that we had won a TUC policy that prevented affiliated
unions from using the procedures of the Act on pain of expulsion, this measure was
also ineffectual.
Although some non-affiliated organisations attempted to make use of it, such as the
National Association of Licensed House Managers, the Telecommunications Staff
Association, the Union of Kodak Workers and, notably, UKAPE, the so-called
“professional engineers”. The term “professional” being used a lot in those days to
mean “scab”! Interestingly, in historic terms, every single one of these anti-strike and
pro-management bodies, one way or another, was eventually simply absorbed by Unite
– the union.
Only in the year 2000, rather belatedly, were legal rights to recognition granted by the
Blair government; although an initial flurry faded as employers showed they still prefer
to leave matters to voluntary arrangements and will only ever collaborate with
recognition when forced by union power.
So-called "emergency powers" of the Industrial Relations Act to order “cooling-off
periods” and compulsory ballots were used in a rail dispute in 1972, and these caused
some difficulties for the relevant union at the time but had not affected the eventual
outcome of the dispute. An enforced ballot simply saw workers vote even more
enthusiastically for a strike!
This issue of balloting would return but, in a way, for all the sound and fury that
followed the Tebbit laws of the early 1980s, some three decades of balloting systems
for strikes have simply seen the results now become a leverage stage in bargaining.
Whilst bureaucratic restrictions remain, some hard factors have been dulled over the
years and workers in some industries have begun to resort to unofficial action once
again.
But it was the decision of NIRC to find both the Transport & General Workers Union
and the Amalgamated Union of Engineering Workers in contempt of court, fining each
substantially. Ultimately, the AUEW’s fine was paid anonymously. Despite the huge
sums, rather more seriously, these fines underlined the fact that unions were liable
under the Act in respect of any actions carried out by their shop stewards acting
Our History No. 7 9
Pentonville 5: Dockers in action, solidarity and the anti-union laws
within the scope of the stewards' authority.
In the short-term, little came of this, except perhaps a feeling amongst union leaders
that shop stewards needed training. Also, the right-wing in the AUEW would make
much of the issue in their campaign, being massively supported by the press on this
and subsequent matters, to lever themselves into a dominant position in the union.
This would result in shifting the union so far to the right that it would take a
generation to even begin to recover and then in a new formation. In the longer term, it
resulted in the Tories learning the lesson that hitting unions in their bank accounts
could work – but the labour movement had to go through the 1984-5 Miners’ Strike to
experience the sharpest of that pain.
The Act's provisions as regards the concept of unfair industrial practices in theory
placed serious legal limits on industrial action. But, on the whole, employers did not
invoke legal procedures as this would cause the situation to deteriorate rather than
assist in promoting a settlement. This tendency to leave well alone was arguably
massively reinforced by the events of 1972. Not only had
there been a massively successful national miners’ strike
– the first since 1926 but the occupation of the UCS ship
yards had begun. Postal workers were on strike for six
weeks. The national building workers strike had started
and council tenants all over the country were involved in
rent strikes.
Unquestionably, however, the 1971 Act met its biggest
test on what was its main intent – the inhibition of
popular militancy as a result of the case of Pentonville 5.
In the words of Bert Ramelson, National Industrial
Organiser of the Communist Party, after Pentonville, the
Industrial Relations Act became simply “inoperable”.
NIRC would then be abolished by the Trade Union and
Labour Relations Act 1974, soon after the Labour Party
formed a government.
The story of how that happened is so important to tell,
even if it is only so that we can learn the more difficult lessons that tested our
movement in the years that followed, about unity, connecting theory and practice,
sharpening our weapons, and leaders maintaining the closest good links with the rank
and file.
Marching against the Industrial
Relations Act during its bill stages
10 Communist Party History Group
Pentonville 5: Dockers in action, solidarity and the anti-union laws
The 1970 National Dispute
Today, 90% of Britain’s `visible’ goods enter the country through a port; back in the
1960s and 1970s how much value in exports that the country had going out, compared
to imports coming in, was seen as vital to the health of the economy. Then, 90% of
Britain’s manufactures were exported through a port. Thus, docks strikes in those days
often prompted fears of major damage to industry and even food shortages, leading to
suggestions of the armed forces taking over the docks in a declared State of
Emergency.
Dock workers were a militant bunch, often at loggerheads with their own union – the
main one being the Transport & General Workers Union - especially when its leadership
veered sharply to the right as it did during the period 1948-1955. In the main, in the
latter half of the 20th century, dockers’ pay and conditions were settled by a national
agreement in the context of state regulation of labour and much public ownership,
making the bargaining that went on in ports a major political issue. There had been
problems aplenty in the immediate years before the story of the Pentonville 5 unfolds
but a general election held on 18th June 1970 would shift the gear heavily upwards.
The election resulted in a surprise victory for the Conservative Party under leader
Edward Heath, who defeated the Labour Party then led by Prime Minister Harold
Wilson. Heath inherited the provisions of legislation from his predecessor that meant
state regulation of wages through a prices and incomes policy that held down wages
and a board to enforce this. Despite this, on 15th July 1970, nearly fifty thousand
dockers went on official national strike for £11 a week rise, well beyond what the
legislation implied was acceptable but certainly justified in terms of what dockers
contributed to the economy and needed as a rise just to maintain the value of wages.
The TGWU’s Docks Delegate Conference voted 48 to 32 in favour of national strike
action – the first of its kind since 1926.
In response, the government declared a state of emergency and put troops on standby.
Two weeks of action followed until, as a means of settlement, a court of inquiry was
convened under Lord Pearson’s chairmanship, which laid down a 7% pay increase on
27th July. As it happens, involvement of the military in the dispute was avoided by
the dockers agreeing to handle perishable goods.
Initially the dockers rejected the terms saying they made little real difference to their
basic wage. Finally, the TGWU Docks Delegate Conference, meeting on Thursday 30th
Our History No. 7 11
Pentonville 5: Dockers in action, solidarity and the anti-union laws
July, reluctantly accepted Pearson's findings by a vote of 51 to 31, meaning a return to
work on the following Monday 3rd August.
A measure of how sensitive were docks strikes is shown by the revelations that came
when cabinet papers covering 1970 were released under the 30-year rule at the start of
2001. It seems that, throughout the dispute, Prime Minister Heath had been getting
regular reports from MI5, based on information from agents, phone tapping and
bugging. It included accounts of private meetings between leading Communist Party
officials and dockers' shop stewards and even internal discussions about the editorial
line of the Morning Star. It emerged that a leading London docker, one Brian Nicolson,
had been an informant for MI5 at least as early as this dispute,
providing information to the state on the tactical plans of the
dockers and the union.
Big chunks of the publicly released documentation were blacked
out, including phrases around the name of Brian Nicholson.
Although he was just one of a number of rank and file leaders –
and not an especially significant one, in industrial terms, his
opinions are quoted in detail. His information, especially his
judgement on the role of Communists clearly informed the
British State’s tactics and strategy when it came to dock strikes.
As far as the 1970 dispute went, the judgement of the state’s spies, fed to the cabinet,
was that introducing the 34,000 troops needed to break the strike would be feasible
since the Communist Party had not had time to build an extensive support and
solidarity network that might make this a political step too far. The view expressed to
MI5 from a high level within the TGWU was that the absence of Jack Dash from the
scene had led to the Communist Party being “caught by surprise". Dash was the
legendary leader of London dockers, who was involved in every London dock strike
from 1945 to his retirement in 1969. Vilified by the reactionary media, Jack was a
working class poet, who said in his autobiography that the only epitaph he sought for
his tombstone would be:
“Here lies Jack Dash
All he wanted was
To separate them from their cash”
It has never been clear if Nicolson was on his own as an MI5 informant, although he
was not likely to be. But TGWU sources to the security services specifically blamed
Bernie Steer for the conflict, another Communist who was now the Secretary of the
non-official National Port Shop Stewards Committee, which united activists in most
ports around the country. Important though this role was, matters were more
Legendary Dockers’
leader, Jack Dash
12 Communist Party History Group
Pentonville 5: Dockers in action, solidarity and the anti-union laws
complicated than blaming one man would
suggest.
Arguably, it was the interplay between the
National Amalgamated Stevedores and
Dockers’ Society (NASD) and the TGWU
that was ultimately critical in delivering a
mass of solidly united and militant
dockers at this juncture, particularly as far
as the latter union’s ban on Communists
holding office was concerned. The NASD
had not joined the 1922 amalgamation
that created the TGWU and was largely
fixed on the London docks. It had the nickname of the "blue" union (arising from the
colour of its membership card) but the abiding difference since 1948 (until 1968) was
that the NASD did not ban Communists from holding office, unlike the TGWU.
The founding in 1967 of the unofficial National Port Shop Stewards movement, which
united NASD and T&G dockers, was a critical moment for changing the dynamic
associated with the foregoing. When, in January 1968, London dockers assembled for
mass meetings to elect a joint shop stewards committee for each firm, these were joint
meetings of the NASD and the TGWU. The dockers demanded that no political bars
be adopted, for the NASD had no such ban. Eight representatives were elected by
1,950 men at the meeting and the top two successful candidates were Jack Dash and
Vic Turner, both members of the Communist Party.
The T&G official machinery refused to accept the accreditation of Dash and Turner,
whereupon all of the TGWU non-communist stewards refused to sign the renunciary
document, the Declaration of Non-Membership of the Communist Party that all
elected and appointed officials were obliged to complete before taking office. The result
was that the TGWU had no credentialed shop stewards, but the NASD did have, a
completely unsupportable state of affairs. Despite this, the T&G’s Regional Officer
and National Docks Officer met the technically elected shop stewards to argue the need
to adhere to the union’s constitution. Naturally, this was to no avail; whilst parts of
the TGWU had been failing to apply the ban on Communists holding office, at least as
far as lower levels of responsibility were concerned, in some cases as far back as 1955,
and in most for about six or seven years, the complete removal of the bans at the
forthcoming Rules Conference was the prize for the Communists. For this would then
permit the appointment of full-time officers and the election of Executive members
who were Communists. Sensing a massive shift burgeoning within the union, and
Pentonville 5 Communist, Bernie Steer
Our History No. 7 13
Pentonville 5: Dockers in action, solidarity and the anti-union laws
fearing backsliding by the sometimes awkward Jack Jones, who was about to become
General Secretary, London dockers anticipated the final removal of the ban by some
six months by simply acting as if it was already in the bag.
Although Nicolson subsequently belittled the significance of his name being cited in
MI5 files as an informer, trying to suggest some mutual self-abuse between himself and
MI5’s agents, the revealed precise mechanism for his handling as an informer follows a
clear pattern whereby the agency offers to help union leaders who are having
difficulties in their relationship with Communists in return for their feeding
information about them back. (Nicolson told the Guardian: "They used to play games
with me and I used to play games with them. What I told them was not significant,
unless to tell them things to let the other side know.") Aside from the thought that an
entire branch of the state machinery might well feel able to easily outwit a single
docker, how might MI5 have helped Nicolson? It appears that Nicolson so distrusted
the Communists that he traded secrets with MI5, who fed him tit bits about the Party
that he might use to undermine them, all the better to preserve his power base. Since
this was almost solely based on his membership of the TGWU Executive, he needed to
have any ammunition that prevented others from offering themselves as more
attractive candidates for the Inner-London seat on the TGWU General Executive
Council.
He had first been elected to this in the internal union elections at the end of 1968, a
moment when, for the first time since 1950, Communists were able to take their seats at
the executive table.. Indeed, something like nine or ten Communists came on to the
GEC at this point all in a flurry, so eagerly was the
lifting of the ban awaited. A major priority for the
Party in this had been to ensure the election of its
leading figure in the TGWU, now a London taxi
driver, Sid Easton. As the man entrusted during
the Cold War with literally physically protecting
and privately driving the Party’s long term leader,
Harry Pollitt, to meetings across the country,
Easton had since been working virtually full time
for most of the 1960s on creating a movement to
end the bans on Communists holding office in
Britain’s mass movements. Sid knew where all the bodies were buried as far as the
union’s increasingly left-leaning bureaucracy was concerned! His core base was only a
few thousand taxi drivers but his elevation to the GEC as representative for the
hundreds of thousands of all London T&GWU members was a remarkable testament
to how highly he was regarded.
Sid Easton in a characteristic stance at
Speakers’ Corner in Hyde Park
14 Communist Party History Group
Pentonville 5: Dockers in action, solidarity and the anti-union laws
Given that a leading comrade such as Eric Rechnitz, the rank and file leader of
London’s lorry drivers, was able to win the national seat on the GEC representing all
truckers, it did not seem out of court to allow the second geographical seat for London
to go to Nicolson, who presented himself as a left-Labour figure. After all, dockers
were then the core bloc of key members in the London and South Eastern region of
the TGWU and should take the seat over other groups of workers and it would soften
any lingering worry about a taxi driver being the key figure. Given the trade group
nature of the union, London dockers felt that their regional trade group was more
important to them than yet another Communist on a chair in the GEC. Moreover, the
Party’s Industrial Organiser, Bert Ramelson, was very firm about the need to allow
left figures of other persuasions to be in leading roles. Yet, even back then, the decision
by the extremely powerful Communist bloc within this region to stand aside was a
worry to some. Nicolson was ostensibly in support of left policies but his modus
operandi was that of an independent agent in the union and, for a long time, he was
simply tolerated with no awareness of his links with MI5 being at all evident.
Indeed, Nicolson was so `independent’ of any
part of the Left that in the mid-1980s, he
openly and all too easily broke with it. He then
led a right-wing revolt against the left-wing
T&G General Secretary, Ron Todd, which for
two years blighted the long reputation for left-
leaning leadership at the top of the T&G that
otherwise lasted unbroken from 1955 to 2007,
when the merger with Amicus began in order to
form Unite began. During 1986-7, Nicolson was
even the chair of the union’s GEC, blasting his
way through left policies and appointing a swath
of relatively young regional secretaries with
loyalty to the right that would blight the union’s
progress for years to come.
On more wider matters, after the 1970 docks
dispute, Heath abolished the pay and prices
policy he had inherited from Labour, its
overseeing by a Prices and Incomes Board being
replaced by market competition. Needless to say, this was not done to favour ordinary
people in the least and unions began to flex their muscles to regain lost ground and
defend their members’ conditions.
Eric Rechnitz in the late 1980s receiving his
union’s prestigious gold badge of merit from
general secretary, Ron Todd. Rechnitz is
photographed in the act of a symbolic joke,
showing his regard for the need for rank and
file vigilance by pretending to test the quality of
the gold before shaking hands!
Even so, Rechnitz strongly supported Todd’s
election. It was Rechnitz whom Kevin Halpin
credits for stopping container drivers in support
of the Pentonville 5.
Our History No. 7 15
Pentonville 5: Dockers in action, solidarity and the anti-union laws
Containerisation & NIRC
Shipping containers, or large reusable steel boxes designed to be moved from one mode
of transport to another without unloading and reloading, were not widely used for
intermodal freight shipments intensively until the war pursued by the USA on
Vietnam. From early 1965, the US government began a rapid build-up of military
forces in Vietnam but work to supply this was much hampered by the small size of the
single deep water port of Saigon, a problem only the box could overcome. On the US
west coast, where supplies came from, the port of Oakland was virtually given over to
military traffic to Saigon and all of this was carried in boxes, as dockers called them.
The intensity of a war that killed two million Vietnamese civilians would have been
London dockers’ policy on containerisation was anything but the negative, self-serving ambition portrayed by the
bosses bulletin newspapers. A thoughtfull approach to sharing the gains of modernisation and mechanisation
with the community and people of docklands was at the core of dockers’ thinking. Instead, their jobs were
destroyed, their communities lost, and the bankers’ paradise of Canary Wharf was the ultimate gainer.
16 Communist Party History Group
Pentonville 5: Dockers in action, solidarity and the anti-union laws
impossible without the 1,200 containers a month that were shipped across the Pacific
Ocean.
It did not take long for port and shipping employers to see the logistics box revolution
as the next big thing and during the last years of the 1960s and early years of the
1970s, trades unionists had struggled hard to keep the loading and unloading of
containers going out and coming in ports as a task reserved for dockers. Docks work
had always been hazardous, arduous and poorly paid; adding insult to injury, it was
also typically casual. Since ships with cargo would call in to port at a time to suit
themselves, when the master or owner wanted it to be unloaded so they could move off
as quickly as possible, port employers simply did not want to pay dockers whilst they
were waiting for a ship to arrive.
During the Second World War, it had proved possible to even out working and waiting
time by using a registration scheme for dockworkers. This precedent was followed by
the creation of a National Dock Labour Scheme (NDLS) in 1947 by a Labour
government, which passed the Dock Workers (Regulation of Employment) Act 1946
enabling this. The NDLS opened a Labour Register in order to 'de-casualise' the way
work was parcelled out. Thus, the allocation, payment, training, medical care, safety,
and pensions of all UK dockworkers was tightly regulated and labour supply
companies were also registered as part of the scheme. A National Dock Labour Board
was also set up consisting of union and employer representatives, which gave unions
considerable control over hiring and firing.
Disputes continued, however, all the way through the next decades, with the main
union, the Transport & General Workers Union and its full time officials often being
seen by the men (there were never any women dockers until after the NDLB was
dissolved) as in league with the employers within the NDLB structure. After major
disputes affecting the industry in the mid-1960s the NDLB recommended the
allocation of all registered dock workers to permanent employers, and a new and
revised scheme was introduced in 1967, which finally ended casual work.
But, by the mid-20th century, global pressure to develop containerisation of cargo
handling was also reaching a frenzy. Whilst the onset of the ubiquitous `box’ of today
has also led to the negativities of roads choked with lorries, a huge shift to road
construction at the expense of rail, the uncontrolled illicit drug importation and
immigration (no-one really knows what is in a box), its main benefit to the employers
was a massive economy of scale and the destruction of the system under which dock
work was to be sourced by unionised labour. It was especially this aspect that made
containerisation attractive to the political right and to representatives of organised
Our History No. 7 17
Pentonville 5: Dockers in action, solidarity and the anti-union laws
capital.
It was not simply a case of technological change putting dockers out of work.
Although it took only 15 men to handle a container ship compared with the 150
required by a conventional ship. The first step taken to ease in this shift was to seek a
diminution in the number of dockers. A serious number of jobs were lost; for example,
in 1960 there were over 23,000 registered dockers in London but after a severance
scheme was introduced, a decade later, at the time of these events, there were only
16,500 registered dockers left. It was easy to see that job numbers could further drop
drastically in a decade or two.
Dockers began to campaign for a designated ten or twenty-mile zone around registered
docks, where container-handling would to be done by registered workers. But, when a
proposal along these lines was put forward by the Bristow Committee of Enquiry
(1969-70), which was seeking to find a consensus on the definition of dock work as it
affected the Port of London, it was violently opposed by the Road Haulage
Association, then the main trucking employers’ association, which would only agree to
a five-mile boundary. Given the nature of most of the many estuaries around Britain
cutting into the mainland, this was tantamount to there being virtually no space
between the sea and where warehouse stripping would take place; hence, the decision
taken to begin identifying offending firms in London, to bring them into line, which
would directly lead to the case of the Pentonville 5.
But it is firstly important to assess the impact of an allied development in the port of
Liverpool, which would propel the conflict forward even further. In 1970, a joint
committee of TGWU dock workers and lorry drivers was formed across the
Merseyside. Over the previous ten years, the number of local dockers employed had
massively shrunk from 18,000 to 10,000 as a result of the spread of containerisation. It
seemed an insult added to injury to have to accept losing their jobs due to new working
methods as well as giving what little work remained to outside labour. To fight this,
the joint liaison committee decided that from March 20th 1972 work on containers
would be done by registered dock workers and that wage rates must be up to the
minimum scale. All transport firms would be asked to conclude agreements to that
effect and most caved in. Indeed, 35 transport firms operating at Liverpool Docks
signed agreements on the lines laid down by the committee, with only a handful of
maverick operators refusing to sign.
Only one, Heaton’s Transport of St Helen’s, set its face against the resolve of the
dockers and there was a strong financial reason for it to do so. Heaton's was moving
containers to inland depots to "stuff and strip" them, in effect doing the work dockers
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would normally do but in remote warehouses far from the docks and at half the cost.
Thus, Heaton’s went to NIRC for support, which pounced and granted the company
an injunction to keep its own terminal on the Mersey free of picketing and blacking.
The NIRC proclaimed that the TGWU was responsible for their stewards' actions and
were in breach of the law. The union’s policy was to refuse to recognise NIRC, so it
failed to attend the court hearing and was fined £5,000 for contempt. (The relative
value of that sum may be judged from it then being roughly the price of an average
house in the north of England). Then, with the blacking still in place, an additional
fine of £50,000 (or ten houses!) was imposed with the threat of total sequestration of
the union's assets, or the seizing of all its possessions for the benefit of the state, if the
union failed to comply with the order to lift the boycott.
The judgement, given on June 13th 1972, based on the Industrial Relations Act (1971)
[(c.72) ss. 96(1), 101,167(1) (9)] noted that unpaid shop stewards, elected by fellow
members with the union’s authority to negotiate at local level with dock employers,
had initiated a campaign of blacking container lorries. The view of NIRC was that
this knowingly induced breaches of contract and was an “unfair industrial practice”,
according to statute, that is to say, the IR Act (1972). The Court’s order to the TGWU
to stop the specified blacking had been followed by the union but its advice to shop
stewards to obey the court order was rejected.
The union was in contempt, the argument went, since shop stewards were agents,
albeit not servants of the union. There was evidence of implied authority from union
to its agents to engage in blacking. Under the Industrial Relations Act, shop stewards
were specifically given the same status as full-time officers, all were "officials". Thus, if
a union is not answerable if a shop steward urges defiance of a court order, by the same
logic neither should it be answerable if a full-time official does the same.
After a six-hour meeting of the TGWU GEC, it accepted by a single vote the TUC's
advice that it should pay the £55,000 fine imposed by the National Industrial Relations
Court over the "blacking" by Liverpool dockers. But this was only in the setting that
the union felt that the TUC - and other affiliates who had not adopted as strong a
position as it had on the anti-union laws - should accept blame for placing the union in
an impossible position. “It is agreed under strong protest to accept the advice of the
TUC, subject to financial responsibility being accepted by the TUC in relation to the
problems now faced. Failing this, the TUC will be expected to waive the TGWU's
affiliation fees for an agreed period.” The implication was that if NIRC pressed the
union to take disciplinary measures against its activists in the Liverpool docks this
would lead to open defiance of the law by the TGWU.
Our History No. 7 19
Pentonville 5: Dockers in action, solidarity and the anti-union laws
The Heath government was lucky that confrontation did not immediately ensue but
the mood hardened for a national docks strike unless the Government showed
preparedness to take up the union's offer on talks to settle the containerisation
problem. It was only because of this likelihood that the GEC had agreed to the TUC's
suggestion that the fine should be paid. The union’s leadership had thought that had
they not followed the course they did, sequestration of the union's funds would have
followed. This would have left the dockers without the support of the whole union once
the national stoppage occurred. Presumably, MI5 was this time clear that everyone was
ready and alert!
Thus the TGWU now backed down and went to the NIRC to apologise for its
behaviour, paying the £55,000 fine. But to truly legally purge itself of contempt of
court it should have disowned the men who were responsible for the embargoing of
lorries by taking away their shop stewards' credentials. The union did not do this, nor
did dockers’ shop stewards feel any cause to retreat after the smarting that the TGWU
felt from the virtual betrayal it had got from the TUC and the arrogance from NIRC.
The stage was set for what might have been the greatest industrial conflict of all time
but was certainly the most successful secondary action ever.
20 Communist Party History Group
Pentonville 5: Dockers in action, solidarity and the anti-union laws
The 1972 Docks Strike
Coupled with NIRC’s earlier actions, it would now flip what was basically a dispute
over jobs and wages into a combined national dock strike and putative political
general strike. During July 1972, a dispute involving the dock workers union led to five
shop stewards being imprisoned in Pentonville Prison for criminal contempt of court.
[Midland Cold Storage Limited v.
Turner et al]
The stewards had refused to obey an
order of NIRC to discontinue picketing
of the premises of a cold store in
London which employed non-dockers to
load and unload containers. Arguably,
the close relationship between the
government and the judiciary, in the
shape of the Tory President of NIRC,
Sir John Donaldson, not only led to the
initial prosecution but also the
subsequent back door climb down.
A similar approach to that experienced
in Merseyside, of off-port employment
of untrained, unsafe, cheap and
sometimes non-unionised labour had
been evident for some time around the
Thames. In 1970, one Tom Wallis a
London dockland employer was invited
to join a consortium being set up to
expand a small and ramshackle
container depot in Stratford, east
London, less than two miles from the London docks. The now defunct “London
International Freight Terminal” was next to a former Freightliner depot, Temple Mills,
which is now roughly on the site of the Olympic games development. Wallis was
already an employer of Registered Dockers in the Port of London and, his financial
backing in the consortium was linked to major transnational corporations. Once the
Port of London Authority gave it permission to handle imported cargo, Chobham
Farm was transformed virtually overnight into the largest container building in
Picket sign outside
Chobham Farm
(TUC)
Our History No. 7 21
Pentonville 5: Dockers in action, solidarity and the anti-union laws
Europe and one of its biggest industrial relations problems, since Chobham Farm did
not employ Registered Dockers.
Complaints were made about the picketing of Chobham to NIRC. Bernie Steer, Vic
Turner and Alan Williams were summonsed on June 14th, prompting 30,000 dockers to
walk out and legal complication saw the action fizzle out. Talks between London (East)
ICD Ltd, Wallis’ company, the dockers' stewards, and union officials resulted in an
agreement that dockers should take over all the dock work, with other work being
found for the 60 men already employed at the depot. Bernie Steer, secretary of the
National Ports Shop Stewards Committee, commented “This should give the answer to
the lie that we dockers are interested only in ourselves. We have never claimed
anything that is not rightfully ours.” Encouraged by the Chobham Farm development,
dockers began looking to picket other inland depots where they unregistered labour
was being used. One firm agreed to talks within minutes of pickets arriving at the
gates.
Even while there were ever more ambitious expansion plans for Chobham Farm, Wallis
announced the laying off of some two hundred of his own registered dockers. Beyond
that, hundreds more London dockers were finding their way on to the temporarily
unattached register (TUR), that is, they were being made redundant. Chobham Farm
was doing the very work that the dockers were being deprived of.
Wallis claimed he would accept any "reasonable" solution that the union could come up
with, after having created an almost impossible situation. His promise to employ
Registered Dockers began to seem hollow and the rank and file dockers committee
became sure he was dragging his feet. A picket was, therefore, placed at Chobham
Farm as an initial low-key measure, more a signal of pressure to hurry things along.
When Wallis’ London (East) ICD Ltd, anticipating a complete settlement with the
TGWU, signalled to NIRC it no longer needed the injunction earlier granted, the mood
and confidence of the dockers and the pickets massively grew and word spread. At the
beginning of July, Midland Cold Storage of Hackney, emulating the earlier legal
approach of Wallis but not his readiness to negotiate, sought an injunction to remove
the picket now on their premises. MCS received immediate support from NIRC,
perhaps associated with the fact that it was owned by Lord Vestey, head of a massive
meat shipping company. It was said that he and his family did not just lavishly live off
the interest on their invested capital but on the interest on the interest! (Recently, the
government of Venezuela forcibly nationalised Vestey’s interests in that country.)
Since the dockers refused to back down, the National Industrial Relations Court
(NIRC) readily issued Midland Cold Storage an injunction barring further picketing. A
22 Communist Party History Group
Pentonville 5: Dockers in action, solidarity and the anti-union laws
private detective agency, Euro-Tec, was
recruited by the Special Branch to spy on
the dockers so as to establish the names of
the rank-and-file leaders. (One Euro-Tec
agent later revealed that in the early 1970s
thousands of shop stewards and union
officials, their families and friends were
regularly monitored by them for SB on
behalf of MI5.)
The five shop stewards named by these
private investigators for MCS’s application
for an injunction were Conny Clancy, Tony
Merrick, Bernie Steer, Vic Turner and
Derek Watkins. (Steer and Turner were
prominent Communists.) Warrants were
issued by the court for their arrest for
contempt of court, and they were arrested
and imprisoned on Friday July 21st 1972.
The next day, Saturday 22nd July, was a
critical moment. Kevin Halpin, a veteran
Communist rank-and-file trade union
leader, was Chair of the Liaison Committee
for the Defence of Trade Unions. This had
been founded by Halpin, with Bert
Ramelson’s support as a project to bring
shop stewards and officials together in the fight against legislative attacks on the
unions from both Labour and Tory governments.
Now a coincidence that arose from another struggle would that weekend propel the
Pentonville 5 into greater prominence. Faced with one minute’s notice of liquidation,
130 workers at Briant Colour Printing on Old Kent Road in south London had the
preceding week determined to prevent their plant from closing. The workers would
occupy their plant, staying for over a year and finally winning. Whilst under workers'
control, the occupation would become the unofficial print shop for the Pentonville
Five but also for every struggle at the time. All over London, in particular, the Briant
workers’ propaganda would mobilise for Pentonville. But first, the Briant work-in
would provoke support right across the capital on that first weekend. A march to
promote their struggle began from the Old Kent Road and went to Clerkenwell Green.
From there, it morphed into a massive and growing march to Pentonville, via Fleet
Private investigators for NIRC caught for
the camera as they enter court to testify
against the dockers
Our History No. 7 23
Pentonville 5: Dockers in action, solidarity and the anti-union laws
Street.
As Kevin Halpin writes in a recollection for this
pamphlet, “As it happens, Briant Colour, a print
workplace in struggle led by Communist Bill Freeman, had
called a meeting in Clerkenwell Green on their sit in. I got
agreement from Bill to speak there and called for people at the
meeting to march to Pentonville to join the dockers who were
gathered outside the prison. (Although when I had met the dockers on the Friday they had
told me that they didn't need any support and could manage on their own very well, thank
you!) After consulting with comrades and fellow stewards we agreed to go back down to
Fleet Street to get the print workers to stop the Sunday papers which would create a national
awareness of the issue. The first lot out were the electricians. Not many papers were able to
run and print unions’ pickets were out everywhere.”
Since London’s key Communist trades unionists had lost no time in contacting
comrades in Fleet Street, it proved possible to walk up and down the various
newspaper head offices with the 'Five Trade Unionists Are Inside-Why Aren't You
Out?' leaflet (see pic of poster version) stimulating spontaneous and planned
stoppages. Most of Britain’s national press simply stopped until the dockers were
clearly out of prison and this act signalled to the whole working class that something
serious was taking place, thus spreading the gushing spontaneous strike wave that
poured across the country. The first obvious sign of this was when the Sunday Mirror
stopped work early on Saturday, then nearly all the others followed, leaving just one
or two Sunday newspapers appearing and they were slated for
stoppage had the men stayed imprisoned another whole week. By
Monday almost all newspapers both in London and in some big cities
were simply stopped for the week. This simple achievement would be
critical in massively spreading solidarity action across the country
A huge march was also now planned to wend its way through London
for Pentonville with the intention of creating a ‘Bastille’ effect of
surrounding the entire prison. Halpin agrees that “the weekend had
been vital but the key was Monday. T&G Executive member and
Communist leader of truckers in London and the South East, Eric
Rechnitz, asked for a loan of my loudspeaker gear so he could address a
mass meeting of container drivers at the Royal Connaught pitch. The press
had been playing it as dockers versus container drivers but this changed
everything. I needed a roof rack to mount the loudspeaker gear on and NUR (part of the
later RMT) member Bill Edon with great trepidation let me use his new car. The meeting
Pic: Kevin
Halpin in the
early 1970s
24 Communist Party History Group
Pentonville 5: Dockers in action, solidarity and the anti-union laws
started with all the drivers in uniform; a bad sign as it showed they were planning to go to
work. I got the speaker working and Eric took me by surprise as I never usually spoke
without notes when he gave me the mike and said 'it's your turn'. I was working in ship
repair at the time so was not in awe of the dockers and made the point that their action
wasn't about the dockers but defending people put in jail for exercising their right to strike.
To my surprise I got an overwhelming vote for support.”
Halpin, and his then closest comrades in the Liaison Committee for Defence of Trade
Unions, were effectively the actual directors of a nation-wide plan to create a virtual
general strike. (It should be noted that Kevin Halpin does not accord continuity or
credence to a current formation of the same name.) Picketing
was critical to the spread of the strike but it was by no means
a spontaneous movement.
In advance of the now rapidly moving events, Communist
Party trade union (`industrial’) organiser, Bert Ramelson,
had convened a couple of hundred Party trade union
activists and all knew what was needed to be done. Many
from outside of London were thus briefed but, mainly, the
activists came from within the capital. Indeed, if one single
political force can be credited (or blamed if looking at from
the point of view of the state) with launching what was now
looking like a virtual general strike, it is the London District
of the Communist Party. This was then especially well-tuned
to these events, for CP activists across the capital inter-
married, knew each other well, met often in particular pubs,
or lived cheek by jowl. Word spread rapidly.
But there was also a highly organised element to all this,
involving the Party and the LCDTU, especially across the country. Little
documentary archive remains of these events beyond a pamphlet produced in 1982
but oral testimony makes clear that in Scotland activists promised a virtual
nationwide closure, especially in the TGWU, after Regional Secretary, Ray
MacDonald, issued instructions to all his officials to spread the call. In the English
Midlands, fresh from his triumph at Saltley Gate, Party District Secretary Frank
Watters immediately corralled a posse of convenors of key car factories in
Birmingham and Coventry. The Executive of the AUEW called out all of its
members and demanded a general strike from the TUC.
Certainly, around 250,000 workers would take strike action in a mix of spontaneous
Dockers’ picket—all it
took then was a sign
and some patience (A
world to win)
Our History No. 7 25
Pentonville 5: Dockers in action, solidarity and the anti-union laws
and partially pre-planned militancy before the dockers were released on the following
Wednesday. In all, LCDTU members in rail, mining, engineering, public transport,
and aircraft manufacturing came out and honoured their pledges made over months
of campaigning against anti-union laws that if anyone went inside, they'd be out. As
members stopped work the Morning Star was informed and the rising crescendo of its
daily reports first on the Saturday, then on Monday and Tuesday were highly effective
in building up support.
Even ports employing non-registered dockers struck, coalmines in South Wales came
out, much public transport was affected and there was “little movement” at any dock.
In addition to this there was an almost total stoppage of newspapers and public
transport. Customs and Excise and Immigration services were severely curtailed, as
were social security offices. Milk distribution, mainly a TGWU organised sector, was
badly hit. Unused milk to the value of about £1 million in 1972 prices had to be
destroyed.
A mass picket packed around Chobham Farm on the day the arrests were scheduled
and over 35,000 dockers just walked out on strike. Indeed, a rolling series of strikes
began after the arrests until there was virtually an unofficial national strike. In this
massive movement the Communist Party played a crucial part, including through its
General Secretary, John Gollan, convening a national meeting of Communist Party
activists from all industries to press for
stoppages, to force the TUC to call a
general strike. Once the men were sent
to Pentonville prison that weekend saw
a massive mobilisation around the
country. with phone lines going red hot
in preparation for a total stoppage on
Monday. Every docker in the country
came out on strike and Pentonville
prison became the new centre of the
dockers' mass picketing. This rapidly
growing mass movement of organised
workers in action had inspired countless
others in struggle and matters were
moving towards a TUC-called general
strike.
Picketing out Fleet Street—a very easy task!
But in their enthusiasm, pickets even stopped
the Morning Star, which would have been a
voice of the Free Pentonville 5 movement.
26 Communist Party History Group
Pentonville 5: Dockers in action, solidarity and the anti-union laws
A Quick Release
The British State organised the fastest climb down it had ever done and then dressed
it up to look like something entirely different. The dockers would simply be released,
thus taking the steam out of the growing movement. As they were released, Fleet
Street electricians led a jubilant march around the site of newspapers. Although
many militant workers were, in a way, disappointed that the State retreated so swiftly,
there was no denying the force of the power of a united rank-and-file. How was it
done?
The Official Solicitor was then a fairly unknown part of the state judicial system; it is
now perhaps slightly better known than it was in 1972 due to its role in international
child abduction cases. Essentially, the role is to act for those who lacked the capacity
to manage their own affairs, such as minors, the mentally incapable, deceased persons,
or trustees. There had been a political precedent,
although few recalled it even in 1972, when, in 1921 the
Official Solicitor intervened to arrange the release from
prison of a woman Labour councillor from Poplar who
had been imprisoned along with most of the members of
Poplar Borough Council, for having refused to raise the
rates.
The Official Solicitor, Norman Turner, broke a legal
stalemate between the militant dockers and broader
movement and the Trades Union Congress, and the
government. Turner, it is claimed after an hour's
examination, applied to the Appeal Court for a stay of
execution. The court accepted Turner’s argument that
statute and the circumstances of the MCS picket
demanded action against the TGWU's funds and not
against their members. Lord Denning, Master of the
Rolls, then ordered the warrants to be quashed because
they were "far short of what was required to deprive a man of his liberty".
Harold Wilson, the Opposition Leader, said that the government had been saved by a
"fairy godmother" in the shape of the Official Solicitor, and a cartoon in one
newspaper showed him as exactly that, complete with wand. He later said, in a speech
to the Institute of Legal Executives that the experience was "as painful as losing one's
The Official Solicitor,
Norman Turner
Our History No. 7 27
Pentonville 5: Dockers in action, solidarity and the anti-union laws
virginity".
Unofficial strike action in support of the Pentonville Five began to build so fast and
so furiously that, unasked, after a week the Official Solicitor decided to appeal against
the arrests and then the Court of Appeal ordered their release. Many dockers in
particular were on unofficial strike for a whole week after the imprisonment of the
five.
The House of Lords now met to hear appeals by the haulage companies against Lord
Denning's July 10th judgment, which had essentially let the TGWU off of
responsibility for the blacking. The judgement, announced on July 26th, assumed that
any action taken by a union `official’
was on its behalf. The TGWU General
Executive Council was outraged; as far
as it was concerned “only the GEC, the
F&GPC, and the general Secretary
could initiate action”.
The judgement coincided with a
meeting of the TUC General Council.
Representatives of the TUC had held an
abortive meeting with Ted Heath on
July 24th, which had urged him to take
immediate steps to secure the release of
the Five. Now faced with the House of
Lords judgement, the General Council of the TUC decided that day - 26th July - to
call a one-day general strike on the following Monday 31st July, unless the five dockers
in prison were by then released. The vote had been 18 votes for to 7 against, and 6
abstentions. The Council had agreed to review their decision in the light of the men's
release but there is no doubting the significance of this vote. This was the only time in
the TUC’s entire history that all trades unionists have been called out on a complete general
strike. Technically, the 1926 strike had been a gradual withdrawal by industry group
that did not ever get to that stage.
The Cabinet was told that Jack Jones’ call for a one-day protest general strike
appeared to be “bound up with tactics to secure the acceptance by the dockers'
Delegate Conference taking place that day of the recommendations in the Interim
Report of the Joint Special Committee on the future of the dock industry”. This was
the report on the future of the Registered Dockworker scheme developed by a special
NDLB joint committee, headed by the Chair of the Port of London Authority, Lord
A 1904 Stevedores’ union banner on the demo to Pentonville
28 Communist Party History Group
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Aldington, and General Secretary of the TGWU, Jack Jones. But it was clear that,
even if the five dockers were released, blacking of container depots would start up all
over again. The conflation of the two disputes, dockers’ grievances and outrage at the
interference with union rights had led the country to the brink of conflagration.
The Aldington/Jones Committee published their recommendations on Monday 24th
July. The emphasis was on measures to eliminate the Temporary Unattached Register
(TUR) by improved severance, mainly for unfit and older dockers, coupled with some
temporary work sharing. Government funding would provide £7.5m to pay off some
2,500 unfit or over-55-year-old dockers. Many dockers saw this as the thin end of a
wedge to cut back the workforce and, although dockers’ militancy would delay the
plan by some 15 years, eventually precisely what was feared would some to pass.
This new report would be considered by the National Delegate Conference of the
TGWU’s Docks Trade group called for Thursday 27th July. There, the TGWU’s
National Secretary for Docks, Tim O'Leary, strongly recommended to acceptance of
the plan, but delegates from the larger ports, such as Liverpool and London was
firmly opposed to the scheme. After a long wrangle, the Conference voted 38 to 28 in
favour of industrial action. There were 18 abstentions, reflecting the fact that some
newer ports were not with the NDLS (some delegates were even with British
Waterways, the canal operator.
So, now an official dock strike loomed. A massive crowd of dockers from London,
Liverpool, and Hull stood outside the Smith Square, Westminster, headquarters of
the T&G waiting on the decision. There were hundreds, perhaps even a thousand
there, with posters announcing: "We don't want money, we want jobs!” As time went
on, the Marquis of Granby pub opposite (a long-term favourite with the T&G) was
heaving. By the time the conference should have been breaking up for lunch, dockers
were slipping past police line into the labyrinthine corridor network of Transport
House. Mutterings became chanting. The conference hall was not only approached
from within the building, it had a separate double door exit into a side entry, much as
in the manner of a cinema.
Then, dramatically, a delegate threw opened these doors to the conference hall and
shouted out: "It's a national strike!" A huge cheer shook the streets and nearby
square. Bernie Steer was grabbed by the men and lifted onto their shoulders to be
paraded around to chants of "Heath Out!” Before anyone knew it, hordes of dockers
had rushed towards Parliament, only a few hundred yards away. But police diverted
them down the Victoria Embankment where mounted police blocked them in.
Dockers then marched in an orderly fashion to Tower Hill for a rally. Tony Merrick
Our History No. 7 29
Pentonville 5: Dockers in action, solidarity and the anti-union laws
roared out: "We are not bullies – we picketed Midland Cold Storage quite peacefully
for eight weeks! Our inspiration has been increased solidarity. Before this we were
asleep for five years while they took jobs away from us. Even now, my fellow dockers
will be mistaken if they think it is going to be an easy struggle. The victory has not
yet been won."
Thus, an official national dock strike began on 28th July 1972 involving all 42,000
registered dockers. All seaborne transport halted; only roll-on roll-off ferries passed
through railway ports like Dover and Folkestone. The International Transport
Workers Federation (ITF) immediately responded to a request by the TGWU to alert
all of its affiliates (covering virtually all ports, globally) to embargo any goods
diverted from Britain. Although the government announced a state of emergency on
4th August, little took difficulty place during the three-week action as the picket lines
were solid. Much behind the scenes talking was underway however and negotiators
found themselves with a package to deliver.
Suspicions were heavy and the TGWU’s Docks Delegate Conference met again on
16th August to a rowdy and almost violent scene caused by some two hundred
interlopers getting into the union’s head office in Westminster. A later report on the
incident to the union’s executive by Jack Jones suggested that some were not even
TGWU members. Despite the interruptions to its proceedings, the conference finally
voted by 53 votes to 30 to accept a settlement package, thus ending the total dispute
that had been in progress since July 28th. All normal working began on Sunday night,
the 20th August. Whatever many dockers thought, their three-week national strike
had wrested major improvements in conditions from the port employers and probably
staved off deregulation of their industry for a decade and a half. It has been a
stunning summer for dockers and organised workers.
Container bases had been in the process of coming into existence for some five years –
arguably the largest single “port” in the country at that time, in terms of the number
of containers handled, was that in the centre of Birmingham. The summer of 1972
frightened the employers into preferring the devil they could do business with. The
TGWU now faced both ways as its Road Transport (Commercial) Trade group
negotiated with the Containerbase Federation Ltd an agreement signed on September
15th 1972. This gave new rates of pay for a freight handler in any of the new out-of-
port bases, a basic working week of 37 hours 30 minutes of £37.50. Since there was a
two shift system in operations, this meant an effective wage of £42.50 a week.
30 Communist Party History Group
Pentonville 5: Dockers in action, solidarity and the anti-union laws
Bernie Steer
addresses the crowd
outside Pentonville
jail on his release
from prison
(TUC)
Left: the new Artery banner on the march to Pentonville
Right: Vic Turner being carried on the shoulder of supporters, perhaps
in a sort of folk memory of the 1951 events
Even the night delivery vans of the Morning Star (pictured here
left in the mid-1970s) were picketed out in enthusiasm. But,
given that the paper was highly supportive of the Pentonville 5,
closing down the paper over several days probably denied further
secondary action.
Our History No. 7 31
Pentonville 5: Dockers in action, solidarity and the anti-union laws
In the Short and Long Run
The nation’s capitalist newspapers needed little encouragement from their MI5 sources to now
portray the source of the problems in Britain’s docks as being a conspiracy got up by the Communist
Party. This was now a signal for an increasing number of leftist critics of the Party to blame it for
not having secured further revolutionary gains from the well-demonstrated power of the working
class. The News of the World ran a major campaign against Bert Ramelson and his links with Bernie
Steer, in particular.
Like many workers, dockers fought state imposed pay restraint and Heath abandoned free market
policies in the light of the significant political power of trades unions and introduced a statutory
Prices Commission and Pay Board, both set up under the Counter-Inflation Act 1973. This, too,
would be problematic but the 1974-9 Labour government followed with a `voluntary’ pay policy
that had been agreed by the TUC’s dominant right-wing leadership. This, too, was shattered and the
Thatcher government went back to a strategy of free marketisation and legal curbs on trades unions,
which in their terms worked moderately well for them.
In February-March 1975 a five week long strike took place on this issue
in the Port of London. The strike was defeated, and a sense of
demoralisation spread all around. Many pundits claim that docks
disputes speeded up the decline of the job but the docks were not
wound down, rather their role was concentrated amidst all the new
technology. Any failure was one of lacking investment in new
infrastructure and equipment, aided by competition from foreign ports.
A growth in container ships that did not need deep water berths, such
as at Felixstowe, never a NDLS port, which is today the largest single employers of port labour was
also decisive.
In 1982, the NASD finally merged with the T&G, in anticipation of the need for maximum unity in
case of attacks from the Thatcher government. In the event, despite union opposition, which saw
an attempted national strike collapse, the National Dock Labour Scheme was abolished by Tory
legislation in 1989 and casual and cheap labour was once again introduced into Britain’s ports. It
helped weaken union strength and to promote the employers’ cause.
What remained of London’s docks was now increasingly focused on Tilbury. In 1989, during the big
fight to stop port deregulation under the Thatcher government, after eleven days on strike, on
discovering some ports had already caved in, Tilbury also went back to work. After official strike
ballots had been won, 152 dockers were sacked in the port – the most hardened trade unionists.
450 others were told to sign new individualised contracts or to lose their jobs, too. Three years in
tribunals saw the men win their case but not win their jobs back. It would be another dozen years
before official recognition was won back once again by the T&G. Today, some 300 dockers work in
Tilbury.
32 Communist Party History Group
Pentonville 5: Dockers in action, solidarity and the anti-union laws
SOURCES: 1972 TUC Finance & General Purposes Committee report “The Industrial Relations Act: a review of
unions’ experiences”
`Arise Ye Workers’ Cinema Action documentary on Pentonville 5 (pictures from the RMT website)
Mick Costello—written comments to author
Daily Telegraph 21st Dec 2007
Guardian 28th July 1972
Industrial Law report: Heaton's Transport (St Helen's) Ltd
v Transport and General Workers' Union [1973] AC 15
Ann Field—written comments to author
Kevin Halpin—written comments to author
Labour Monthly September 1972
LCDTU (1982) `Action defeats the bill’
TGWU General Executive Council and Finance & General Purposes Committee – Minutes & Record,
various dates (1945-1990)
The Guardian 1st January 2001
The Times January 1st 2001
Tribune 5th May 1972; 7th July 1972
UK British government cabinet minutes: 30th July 1970
UK Government report on "The Communist Party and the National Dock Strike" - July 21st 1972
Graham Stevenson – a biographical note
A Communist since 1966, when he joined in his home city of Coventry, he was a branch secretary of the Young
Communist League at the age of 16 and became a member of the Draughtsmen’s and Allied Technicians Association
Divisional Council and the DATA National Youth Committee in 1968. First elected to the YCL National (Executive)
Committee in 1969, he was a member of this and its Finance Committee and Political Committee, finishing with YCL
work in 1978. In February 1972 he became Midlands YCL Secretary, just as the Saltley Gate mass picket was
assembling in Birmingham.
He became active in the building industry and partook in picketing during the national strike of 1972. As one of the
Birmingham 5, he was found not guilty of conspiracy to trespass, in a major court case immediately predating the
Shrewsbury pickets. After retraining as an engineering capstan-lathe setter/operator, he joined the Transport and
General Workers Union and held numerous posts in the West and East Midlands both as a lay official and, from 1980,
as a full-timer before becoming National Secretary of the Passenger Group, leading the 90,000 strong trade group of
the Union covering bus, coach, taxi, tram, light rail and underground workers from 1988 for the next quarter of a
century. This section of Unite has the distinction of being the only industrial division of any predecessor unions to the
present not loose significant membership in all this time.
In June 1999, he was appointed National Organiser of the T&G’s then new Transport Sector, which united 240,000
members of the T&G, covering passenger workers, road haulage, civil aviation and ports, waterways and coastal
maritime members. From September 1996, the National Secretaryship of the T&G's Docks, Waterways and Fishing
Trade Group was added to his responsibilities. Thus, for over a decade he was also the union’s most senior officer
directly covering port workers, including dockers.
First the Vice-President, then the President, of the two million strong European Transport Workers Federation (ETF),
he has also been Chair of the Joint ("Parity") Committee of Road Transport at a European level. A member of
Executive Board and Management Committee of the global union federation, the 5-million strong International
Transport Workers Federation (ITF), he was recently awarded its prestigious gold medal award of merit on his
retirement from full-time union work.
He has been an elected member of the Communist Party’s Executive Committee and its Political Committee for many
years. Graham is now Midlands CP Secretary and the convenor of the Communist Party History Group. His personal
website, containing many historical resources on Communist, trade union and working class movements, can be found
at www.grahamstevenson.me.uk/
Graham Stevenson is the author of `Defence or Defiance – a peoples’ history of Derbyshire’, `Anatomy of Decline – the
YCL 1967-86’, and other works of historical research.
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