Bill launched to restore right to strike
This from a Labour Representation Committee press release
John McDonnell, supported by the Trade Union Co-ordinating Group, presented his Private Members’ Bill to parliament last week.
If adopted, the Bill would significantly improve unions’ ability to defend their members and would be the first step towards the full restoration of trade union rights.
After coming first in the Private Members’ Ballot and in consultation with the trade union movement and leading trade union lawyers, John McDonnell MP is sponsoring the “Lawful Industrial Action (Minor Errors) Bill” to tackle the increasing practice by employers of using minor technical errors in the balloting process – which have no material effect on the outcome – to take unions to court in order to prevent them from taking industrial action.
Commenting on the Bill, John McDonnell MP said:
We have seen in the current BA Cabin Crew dispute and many other recent disputes, employers have been able to exploit loopholes in the existing law by using minor technical errors in a trade union ballot to thwart trade unionists from taking strike action.
This resort to the courts by some ruthless employers is bringing current employment law into disrepute and undermining industrial relations in this country. This cannot be right and in the interests of good industrial relations needs to be addressed.
Steve Gillan, General Secretary of the POA, said:
The POA supports the Private Members Bill entitled Lawful Industrial Action as employers are using the anti trade union legislation to stop legitimate industrial action from taking place, by getting the Courts to rule on minor technical errors. You only have to look at the disgraceful cases taken against Unite and RMT Unions. This is a small step in the right direction but the anti trade union legislation needs to go to protect all workers.
Jeremy Dear, General Secretary of the NUJ, said:
The NUJ supports the Lawful Industrial Action Private Members’ Bill because we suffer from some of the worst trade union laws in Europe. Employers should not be allowed to use the courts as a way to clamp down on democratic votes in the workplace. The heavily one-sided nature of the law does not respect basic civic rights and freedoms and therefore needs to change.
John McDonnell MP is sponsoring the Lawful Industrial Action (Minor Errors) Bill to amend section 232B of the Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52) to extend the circumstances in which, by virtue of that section, industrial action is not to be treated as excluded from the protection of section 219 of that Act.
The Bill has been co-signed by Kate Hoey MP, Tony Lloyd MP, Dave Anderson MP, Michael Connarty MP, Austin Mitchell MP, Frank Doran MP, Kelvin Hopkins MP, Jim Sheridan MP, David Crausby MP, Ian Lavery MP and John Cryer MP.
Second Reading of the Bill will be 22nd October 2010.
There will be a mass rally and lobby of parliament on the 13th October 2010.
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'Stroppybird' is a regular contributor to Liberal Conspiracy. She has been involved, on and off since the 80's, in left/feminist/LGBT/ politics and social policy. She considers herself a stroppy socialist, feminist and an atheist. Is in the Labour Party, just, mainly because she don't see any alternative on the left at the moment. Not sure for how much longer. She also write for Stroppyblog
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Reader comments
Hell. Snowball. Chance.
I can see this being popular with the public. Not.
2
Actually the public have an overwhelming affinity with fairness in matters of procedure.
When firms stop strikes on a technicality people don’t first think “good a strike’s been stopped” they think “hang on, that’s just not cricket, the technicality doesn’t affect the decision.”
Blair boasted that we had some of the least Union friendly laws in Europe, its time to address that.
Not that I agree with all that Michael White says in this piece but there is a chilling warning from this Conservative government:
… and a judicial review, which eventually prevailed: the government could not overturn the 1972 Superannuation Act without primary legislation, the courts ruled. That is what the Cabinet Office minister, Francis Maude, now intends to do, albeit with some sweeteners that make voluntary redundo more attractive.
So in 2010 the PCS might have been wiser to settle for Labour’s terms, especially since today’s papers contain another speculative provocation, namely that ministers are in a gung-ho mood to tighten the screw still tighter on strike laws.
The huge cuts planned for public services, and the massive privatisation that will occur in the NHS, will rightly be opposed by the public service unions. The Conservatives know this. Expect them to pull a very nasty rabbit out of the hat in the autumn that will, effectively, ban public service strikes. If there is action by PCS this summer, it will play into the Conservative government’s hands by push up public opinion that new union legislation is needed. This is a government who will take any opportunity given to them, and I fear that they will remove what few union rights we still have.
“Expect them to pull a very nasty rabbit out of the hat in the autumn that will, effectively, ban public service strikes”
I supposed we shall really need to get worried when they put the Parachute Regiment on standby.
[3] Blair boasted that we had some of the least Union friendly laws in Europe, its time to address that.
Have you noticed that the majority in parliament are conservative (both big C and small c)? How can we address the anti-union laws with the Conservatives in power?
@4 Richard Blogger
The strife is going to happen anyway. How strikes and other actions play in the public eye is largely down to how Labour respond. Shall we have another Kinnockite back-stabbing or will the new leader stand up for the workers?
To maintain order, the government may need to consider creating the equivalent in Britain of the CRS in France:
http://en.wikipedia.org/wiki/Compagnies_R%C3%A9publicaines_de_S%C3%A9curit%C3%A9
“John McDonnell MP is sponsoring the “Lawful Industrial Action (Minor Errors) Bill” to tackle the increasing practice by employers of using minor technical errors in the balloting process – which have no material effect on the outcome – to take unions to court in order to prevent them from taking industrial action.”
Nope, resolutely against it. Nothing to do with unions however.
Rather: why don’t all laws have this get out? Why can’t all laws have this get out?
If you’re going to grant a let out for “minor technical errors” for unions then the same should be granted for all groups and individuals for all laws.
Surely they’re missing a trick here. They should introduce a bill to impose the same electoral rigour on all elections. After all, surely how MPs, councillors etc are elected is more important even than strike ballots?
Given that, the government would have to back a bill that held them up to the same high standards as the Unions. Wouldn’t they?
If the objection is going to be: why don’t all laws have this “minor technical errors” get out? Then isn’t the right move to re-draft the laws so they aren’t so sensitive to minor technicalities? It does seem to me that if the law is too fussy, rather than try to legislate a work-around, the ideal thing is to make the law less fussy.
‘The strife is going to happen anyway. How strikes and other actions play in the public eye is largely down to how Labour respond. Shall we have another Kinnockite back-stabbing or will the new leader stand up for the workers?’
Don’t expect much help from that quarter: the conflict between government and the public service unions was instigated by New Labour.
The Tories could easily accept the court’s judgement that changing redundancy and pension conditions without consultation was unlawful without losing face. They’d save themselves industrial strife and pass the ‘blame’ back where it belongs. And you’d probably get less resistance to voluntary redundancy at least if public sector workers could get a decent pay off.
Hmm
The CBI want the strike laws to be toughened in such a way that a 40 per cent “yes” vote would be needed before a strike was allowed. We learn from The Times today that “secret” talks are going on about introducing new curbs on industrial action. It would be surprising if the Coalition Government wasn’t discussing strikes, given the scale of their proposed cuts in the public sector.
…
At the moment a simple majority of those balloted must vote in favour for the strike to be legal. The CBI proposals would mean that not only must there be a majority but in addition 40 per cent of those balloted must vote “yes”. In other words abstentions and non-voting would count as votes against. If these rules were to be applied to, say, local authority elections, there would be very few councils operating.
From LeftFootForward
Wheh they were in power Labour should have repealed the anti-union laws. If the Tories are going to make strike ballots impossible to pass then the unions will simply go for broke and call out an unofficial strike. This could get very nasty and deliberately created by this nasty Conservative government.
The noises the govt is making are deeply sinister.
However, it will be difficult to take any opposition from Labour seriously, given that they did the square root of sod-all for union rights when they were actually in power.
Reactions: Twitter, blogs
- Liberal Conspiracy
Bill launched to restore right to strike http://bit.ly/dvt7qC
- Lee Griffin
RT @libcon bill launched to make it easier for Unions to be lazy and less thorough http://bit.ly/dvt7qC
- Kate
RT @libcon: Bill launched to restore right to strike http://bit.ly/dvt7qC
- Oxford Kevin
RT @libcon Bill launched to restore right to strike http://bit.ly/cDOnmk
- Clare Cochrane
A few Lab govt lackeys supported employers' tactics pre-election RT @oxkev @libcon Bill to restore right to strike http://bit.ly/cDOnmk
- The Election Blog
A few Lab govt lackeys supported employers' tactics pre-election RT @oxkev @libcon Bill to restore right to strike http://bit.ly/cDOnmk
- Political Animal
V worthwhile private member's bill from @johnmcdonnellmp, & great title too: Lawful Industrial Action (Minor Errors) Bill http://is.gd/dg6lt
- Annie B
RT @politic_animal: V worthwhile private member's bill from @johnmcdonnellmp, & great title too: Lawful Industrial Action (Minor Errors) Bill http://is.gd/dg6lt
- Police State UK
Labour MP launches bill to re-instate trade union rights http://dld.bz/k8Fq
- Roxanne Ellis
http://bit.ly/dwVHgO Just shows again why John McDonnell should have been in the race for leader! Hopefully all candidates will support bill
- Peace Fest UK
RT @libcon Bill launched to restore right to strike http://bit.ly/cDOnmk
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