Published: June 30th 2011 - at 3:59 pm

Boris Johnson’s undemocratic attack on the right to strike


by Nigel Stanley    

London Mayor Boris Johnson has renewed his call for industrial action ballots only to be valid if the turn-out is more than 50%.

Superficially that might sound just a bit democratic, but the reality is that it is simply about erecting a hurdle that will make official strike action extremely hard to achieve.

Let us take a hypothetical workforce of 1,000.

They ballot for strike action. 499 vote yes and nobody votes no. This fails to go over the Boris hurdle as the turn-out is 49.9%, and so the strike is not valid.

Down the road there is another workforce. Amazingly this consists of exactly 1,000 employees too. This time 251 vote for strike action, and 250 vote against. This is a valid vote for strike action as the turn out exceeds 50%.

But the first ballot has an overwhelming majority. Any union would see that as a strong mandate for action. The second is so finely balanced that unions would think hard before calling their members out, even though this would be legal.

This is clearly not about democracy, but simply about making it difficult for unions to call strike action. The result will be an angry workforce and a much greater likelihood of messy unofficial action (with no notice to the employer).

In any case most strike ballots do not result in strikes. What almost always happens is that a further round of negotiations takes place. The union has demonstrated that it has support from its members, and the employer makes enough of a concession to get agreement. Calling for negotiations to take place without anyone ever striking – as many government supporters do – fails to understand that unless both sides have some power and some incentive to settle, negotiations are unlikely to produce agreement.

No-one can know what those members who do not vote would do so if they had returned their ballot. Assuming that they would all be on one side of the question seems to me extremely dubious. My guess is that they would not divide that differently from those that vote, but how differently must remain a mystery.

But increasing turn-out is always a good thing to do. No union wants a yes vote with a tiny turn-out.

The law could be changed to boost turnout while maintaining a secret ballot if that’s what Ministers want. Letting people vote online – or even by text – has been trialled for council elections. It can be made secure. Giving people different ways to vote would be likely to get more people voting.

But don’t hold your breath.


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About the author
Nigel Stanley is an occasional contributor to Liberal Conspiracy. He is the TUC’s Head of Campaigns and Communications. He's also at the ToUCstone blog.
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Story Filed Under: Blog ,Trade Unions


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Reader comments


1. Arthur Seaton

How about a rule that a party which only received 36% of the popular vote, (about 25% of the total population) isn’t allowed to destroy the NHS, welfare state and public sector?

2. Chaise Guevara

Couldn’t agree more. Johnson is basically demanding that his preferred side automatically get to count all of the abstentions as votes in their favour. This would be appalling at the best of times, let alone when it refers to an organisation many of whose members may not be particularly political, having only signed up to ensure they have representation if something goes wrong.

You could perhaps argue for a minimum turnout on strike action to stop unions with an apathy problem getting hijacked by small special interest groups, but 50% is way too high.

Not really, you can talk about extreme hypotheticals all you like but if a union can’t get 50% of its members to even bother to vote then you really do have to question the actual strength of support for a strike.

You could suggest not voting is an implicit vote for ‘who gives a shit?’.

Don’t you just love these sanctimonious tory retards with their golden plated state paid pensions, and their safe seats on less than 50% of the vote lecturing the rest of us.

Roll on the mobile guillotines!

1 they would be able to do it without the scumbag Lie Dems.

@3
If you introduce a minimum turnout, you create a perverse incentive for opponents of the strike to avoid voting instead of voting against.

I take it Boris wants this to apply to all elections in the UK, such as parliamentary and local elections as well. It’ll certainly be interesting to see many councils operating with about three councillors.

Or is this just for the unions on top of making it illegal to use anything except postal ballots?

Not very democratic to hold unions to a far higher standard with far more restrictions on voting practice than the government.

8. DisgustedOfTunbridgeWells

Is this an actual attack or just his opinion?

I mean, he’s got no power to enact this has he?

No, but he, along with many in the Tory party, is pressing for the law to be changed.

10. Chaise Guevara

@ 4 Andy

“You could suggest not voting is an implicit vote for ‘who gives a shit?’.”

Which could just as well mean “oh, go ahead and strike, what do I care?” as the opposite. Would you put up with a system where a union had to get 50% of its members to vote against striking, or else strike by default?

Nobody gets to count the “don’t knows” as votes for themselves. It’s obviously absurd.

11. George McLean

@ 4. Sally

“Don’t you just love these sanctimonious tory retards with their golden plated state paid pensions, and their safe seats on less than 50% of the vote lecturing the rest of us.”

No. :-)

12. Mr S. Pill

Are there any political representative, be it at town council or Westminster level, elected with 50+% of the electorate behind them?

How BJ can make this ludicrous argument is beyond me. Even in a perfect system it’d still be nonsense (as described in the OP) but the fact that the Tory bastards stopped the electoral reform shows up their “democratic” credentials as a utter fabrication of the truth. At least Boris Johnson isn’t hiding his class hatred towards workers, which is a start I suppose.

@12 S. Pill

He’s playing to the tory gallery. Cameron’s doing a Heath, Bojo sees himself as Thatcher.

It absolutely beggars belief that after 18 years of Thatcherism and 13 years of Blairism, anyone could possibly try to crack down even more on the unions. Frankly, I’m amazed they still exist after the brutal, fascistic assaults of the 1980s. Unions shouldn’t even need to hold a ballot if that’s their wish, but people have been indoctrinated into thinking that workers are something that needs to be oppressed.

How about making it illegal to ask if someone is in a union?

That will piss of your corporate thug friends Boris.

16. Charlieman

@10. Chaise Guevara: “Which could just as well mean “oh, go ahead and strike, what do I care?” as the opposite.”

Abstention may mean something more subtle than that. Union members may be genuinely abstaining (unconvinced by employer or union arguments), forming a conclusion after the ballot. Remember, you don’t have to participate and say “Yes” in the ballot to decide to withhold your labour.

I have a union ballot paper on strike action by UCU sitting on the hallway shelf. I voted Yes last time but at this time of year I incline towards non-strike activity; university administrators become very sensitive in the period before publication of A Level results.

As I wrote in a previous thread, UCU members are not angry people and rarely attend branch meetings. But they will turn out when branches propose anti-Israeli government motions that are anti-semitic. I hate reciting that example time and again, and there are others, no doubt. But union activity often fails to interest me, a political wonk, and the union of which I am a member fails to pick up on relevant concerns that are widely reported.

17. Charlieman

@12. Mr S. Pill: “…but the fact that the Tory bastards stopped the electoral reform shows up their “democratic” credentials as a utter fabrication of the truth.”

Thanks for that. It is therapeutic to read frustration about the AV result (and referendum conduct) from a non-LibDem source. That expression signifies that you are genuine about electoral reform; more from others where pertinent, please, but this thread is probably the wrong place to talk about General Election reform.

fact that the Tory bastards stopped the electoral reform shows up their “democratic” credentials as a utter fabrication of the truth

Whereas it’s far more democratic to implement a change rejected by 70% of the electorate I presume. Face it lads, it wasn’t the Tory bastards who stopped AV, it was the overwhelming majority of the population. Suck it up and move on.

London Mayoral Elections 2008:

Turnout: 2,456.990 : 45.33%

Still keen on that 50% rule, Boris?

20. manoamano

Ed Miliband disagrees with you: http://youtu.be/PZtVm8wtyFI “These strikes are wrong because negotiations are still going on”

21. Charlieman

@18. Tim J: “Whereas it’s far more democratic to implement a change rejected by 70% of the electorate I presume.”

Mr S.Pill and I do not wish to overturn the result of a referendum. We merely wish to express our misgivings about the conduct of the No to AV campaign and the referendum referees. And yes, the Yes to AV was crap.

22. Charlieman

Feck. I intended to write: “And yes, the Yes to AV *campaign* was crap.”

I’d be happy for the givenrment to pass a law requiring democratic votes to exceed 50% non-absetentions to be valid. They would then have to disolve parliament as the last gemeral election failed to meet that criteria :)


Reactions: Twitter, blogs
  1. Liberal Conspiracy

    Boris Johnson's undemocratic attack on the right to strike http://bit.ly/kD0nTW

  2. Herbert Pimlott

    If 50% mandtory 4 unions, y not 4 local elections & national govt? Boris Johnson’s undemocratic attack on right 2 strike http://t.co/2oSX5V7

  3. Richard Murphy

    Boris Johnson’s undemocratic attack on the right to strike | Liberal Conspiracy http://ht.ly/5uy6o

  4. John Owens

    Boris Johnson’s undemocratic attack on the right to strike | Liberal Conspiracy http://ht.ly/5uy6o

  5. Feistahuer Yvonne

    Boris Johnson’s undemocratic attack on the right to strike | Liberal Conspiracy http://ht.ly/5uy6o

  6. Tony Dowling

    Boris Johnson’s undemocratic attack on the right to strike | Liberal Conspiracy http://ht.ly/5uy6o

  7. Len Arthur

    Boris Johnson’s undemocratic attack on the right to strike | Liberal Conspiracy http://ht.ly/5uy6o

  8. Pucci Dellanno

    Boris Johnson’s undemocratic attack on the right to strike | Liberal Conspiracy http://ht.ly/5uy6o





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