Inside this issue:

Big Rebellion in Favour of Trade Union Freedom

1

Metrobus’ Fight for Equal Treatment Halted By Anti-Union Laws

1-2

Building The Case Against the ECJ Judgments

2

European Parliament Votes for New Rights for Agency Workers

2

Become A Campaign Supporter 2008-9

2

Nov/Dec 2008Nov/Dec 2008Nov/Dec 2008Nov/Dec 2008 Issue 9Issue 9Issue 9Issue 9

FOR TRADE

UNION FREEDOM

“The case of Metrobus is yet

another example of the drive to the

bottom for lower wages and conditions

made all the easier with the unions

having their hands virtually tied behind their backs by anti union laws that are themselves against

the principles of fundamental

collective human rights. This is

unacceptable. We will robustly defend the rights of our union and our members”

Tony Woodley

Unite Joint General Secretary

RECLAIM

OUR

RIGHTS!

UNITED

CAMPAIGN

Big Rebellion In Favour Of Trade Union Freedom

ing the amendment. The clause would have given unions the unfettered right to expel fascists and others who break the un-ions’ rules. Despite constant pressing from MPs, the Minister for Employ-ment Relations, Pat McFadden, refused to offer even a consulta-tion to address the weaknesses in the law. A vote was forced on new clause 2, relating to pro-posed new duties on "employers in relation to industrial action ballots". Forty five labour MPs and ten others voted in favour of the amendment The Minister also refused to give any ground on Tony Lloyd's amendment although this clause was not put to the vote.

For The United Campa

ign to Repeal the Anti-T

rade Union Laws Newsletter

According to the Guardian the government had to rely on large attendance from the Conserva-tives and the government pay-roll vote to ensure the amend-ments were defeated. The pa-per said that a number of La-bour MPs who had pledged to rebel were absent, campaigning in the Glenrothes by-election, making the size of the rebellion all the more surprising. The BBC news reported the pre-vious record was 36 Labour re-bels over 42-day detention for terror suspects. The support received was a trib-ute to all those who have sup-ported the United Campaign lobbying of MPs. The fight for trade union freedom continues.

On 4th November Gordon Brown suffered his biggest re-bellion in the Commons when 45 Labour MPs voted for a key clause taken from the Trade Union Rights and Freedoms bill. In advance of the Report stage of the Employment Bill, some 40 MPs had signed up to the three trade union freedom bill amend-ments, new clauses 1, 2 and 3. The amendments were tabled by John McDonnell MP, pro-moted by the United Campaign and supported by the TUC. Sixteen MPs also signed up to the amendment from Tony Lloyd (Chair of the Trade Union Group of MPs). Both the United Cam-paign and the Institute of Em-ployment Rights had assisted in, drafting, promoting and support-

Unite have been pushing for pay rises and central pay bargaining across London buses, but on the 9 October 2008 their at-tempts to secure equal treat-ment for bus drivers were dealt a serious blow in the High Court as once again the anti-union laws were used by an employer. Metrobus were granted an in-junction on the basis that em-ployers wanted to argue that the time taken by the union to notify them of the ballot was too long and they should have been told numbers of drivers by category of driver. The union had never been asked for such information before and there had been no challenge on this previously. Industrial action on Metrobus, due to take place on the 10 Oc-

Metrobus Workers’

Fight for Equal

Treatment Halted By

Anti-Union Laws

tober was stopped but went ahead on routes covered by FirstGroup and Metroline. However, they too have effec-tively stopped further action af-ter going to the same lawyers to block the union’s action. Those bus companies are now threat-ening claims for damages they incurred during the union’s fight for equal treatment. How can Metrobus get away with this? First, the employer in the UK only has to show there is

a serious issue to be tried and the Judge is obliged to consider granting an injunction. They don’t even have to show they have a good argument on the law or based on evidence. Second, the law says the union has to tell the employer the re-sult of the ballot as soon as rea-sonably practicable. If the com-pany find out after 24 hours as opposed to 48, it makes no dif-ference to the action that follows - the union still has to serve a 7

(Continued on page 2)

Photo by Guy Smallman www.guysmallman.com

Issue 9 FOR TRADE UNION FREEDOM

Become a campaign supporter 2008-9 Please make cheques payable to United Campaign, and send to the United Campaign Secretary, 39 Chalton Street, London, NW1 1JD. Donations are gratefully received.

The United Campaign is financed solely by supporters fees from trade union bodies and individuals. By becoming a supporter you or your organisation show your agreement with the recall to repeal the anti trade union laws, and aid the Campaign’s fight.

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RECLAIM

OUR

RIGHTS!

UNITED

CAMPAIGN

Contact the United Campaign

Email: info@unitedcampaign.org.uk Website: www.unitedcampaign.org.uk Phone: 0151 702 6927

Address: United Campaign, C/o 39 Chalton Street, London NW1 1JD

Anti-Union Laws

Once Again Prevent

Equal Treatment

for Workers

BALPA, who found themselves very much on the wrong side of the ECJ cases (beginning with Viking last December), have taken their case to the Freedom of Association Com-mittee of the ILO, the Euro-pean Social Rights Committee and the International Commit-tee on Economic, Social and Cultural Rights on 8th October 2008. The Union is supported by the TUC, the ITF, the IFALPA and the ECA (European Cockpit Associa-tion). Support is being sought from the ITUC, ETUC and ETF. We hope that other unions and union bodies here and in other countries will do likewise. Socialist MEP and chair of the European Parliament's Em-ployment and Social Affairs Committee, Jan Andersson, was represented at the NETLEX conference of Euro-pean Labour lawyers on 7 No-vember by Johan Danielsson. He emphasised the importance of a political campaign throughout the EU and ensur-ing that prospective MEPs had the question of workers rights clearly included in their mani-festos for the elections for the

Strike Committees, non-union organisations and Individuals

Associations of TUCs

National Unions - 100,000 or more

National Unions - 100,000 or less

Regional Unions

Union Branches - 500 or more

Union Branches - 500 or less

Trade Union Councils

Price

£600

£120

£60

£60

£30

£30

£30

£12

Building The Case Against the ECJ Judgments

European Parliament in 2009. This follows the adoption of Jan Andersson’s report requir-ing action to deal with the ef-fects of the cases of Viking, Laval, Rüffert & Luxembourg by the European Parliament on 22 October. Opportunities still exist in the context of the question of the Irish Referendum to raise the need for progress on workers rights, before any union or un-ion group can be expected to think about supporting the Lis-bon Treaty.

The European Parliament voted to support the introduc-tion of the Agency Workers Directive on 22 October, which makes the directive all the more likely to be adopted by the other institutions of the EU. In the UK temporary and agency workers will be given more rights under the Directive which will deliver equal pay and working conditions after 12 weeks, however it doesn't pro-vide for sick pay or pensions.

European Parliament

Votes for New Rights for Agency Workers

Aff-ND08

day notice of action. But the provision in the Trade Union and Labour Relations (Consolidation) Act 1992 gives the company a peg to hang a claim for an injunction on. Third, the law says the union has to supply information about numbers, categories and workplaces of those expected to take part in the strike. The justification given for this is to allow the employer to inform its workers and plan in relation to any action. But with Metrobus the challenge is based on the employer’s claim that their in-formation about who should be taking part in the ballot is bet-ter than the union’s. The McDonnell amendment on Ballots (previous article) would have placed a duty on the em-ployers to cooperate with UNITE during the ballot. Such cooperation would have helped industrial relations and pro-moted equality across the Lon-don bus sector – as well as bring UK laws more in line with our international obligations.

(Continued from page 1)