2 Organising and rights at work

03 Employment rights

Congress notes the steps proposed by the Government to increase the effectiveness of enforcement against employers who fail to apply existing individual and collective employment rights. However, Congress is dismayed by government comments expressing no need for further employment legislation. Congress notes that there remains on the statute book anti-trade union legislation from the 1980s and reiterates its calls for the restoration of trade union freedoms and workers rights to be restored.

This must include legislative provisions to ensure that lawful industrial action is not prevented on technical grounds where the majority of workers vote in favour, and that the right to take action will include supportive action across related employers and where disputes arise over the terms and conditions offered by future employers. Furthermore, Congress calls for a strengthening of legislation that protects from dismissal workers who take part in industrial action.

Congress also notes that workers whose terms and conditions and job security are undermined following takeovers by private equity firms are offered no protection under existing TUPE provisions. Congress calls for a full revision of the TUPE regulations, to include protection for workers employed or taken over by private equity companies by way of shared ownership or transfer of controlling influence. This will include all terms of employment including pensions.

Congress notes that trade unions remain the most restricted and regulated organisations in the UK. The passage of the Trade Union Freedom Bill is an essential first step towards enabling unions to advance the basic interests of our members.

Unite

Amendment

Insert new paragraph 3:

'Congress also notes current balloting regulations for union recognition, which hold unions back from negotiating in new areas. Congress calls on the General Council to campaign against the provision for a 40% minimum level of participation in a bargaining unit, which employers are increasingly prepared to exploit to prevent union recognition.'

Communication Workers' Union

04 Trade union legislation

Congress urges the General Council to provide greater financial and active support behind the campaign to repeal the current anti-trade union legislation.

Congress recognises, once and for all, that until current anti-trade union legislation is removed from the statute book, there will be a continuation of the decline in active trade unionism - in other words, workers fighting for better working conditions for themselves and each other. Whether it is the repeal of the legislation designed to 'handcuff' pickets at their place of work or an end to 'secondary' action, this present Government must wake up, and quickly, if it is to realise that the status quo is not an option if it is to be re-elected to govern the United Kingdom.

United Road Transport Union

05 Trade union freedom

Congress recognises the level of work carried out by the General Council in an attempt to progress the Congress resolutions that called for a more modern, fair and appropriate approach to trades union rights in our country.

Further, Congress places on record its appreciation to all those academic lawyers and MPs who sought to take the Trade Union Freedom Bill through the Parliamentary process, but expresses its disbelief at the Labour Government which chose to talk the Bill out of time, in order to ensure that the Bill fell. This act of 'political sabotage' is unworthy of any Government, but particularly a Labour Government.

Congress recognises that the actions of the TUC and affiliated unions have had no success to date in persuading the Government to amend legislation to return the fundamental rights of all workers. In fact, Government has taken even more draconian legislative action to stifle trade unions.

Therefore, Congress instructs the TUC to organise a series of one-day general strikes until such time as the Government removes the restrictive anti-trade union legislation from statute.

POA

06 Collective bargaining rights

Congress notes with dismay the decisions of the European Court of Justice in the cases of Viking, Laval, Rüffert and Luxembourg. These decisions have created a new approach to EU law subjugating fundamental collective rights, including collective bargaining and to take industrial action, to the rights of employers and business. Congress believes that every effort must be made to reverse the effects of these decisions and establish fundamental human rights for workers throughout the EU.

Congress calls for current EU treaties, directives and regulations to be revised and improved to ensure comprehensive protection for workers. Congress asserts that trade union rights and the equal treatment of migrant and posted workers must be comparable with those in the host nation. Congress also notes that, with the exception of the ECJ, other EU institutions' intention was that the operation of the single market and movement of goods and services should not affect the exercise of fundamental human rights and freedoms and collective rights as recognised in member states.

Therefore, Congress calls on the General Council to:

i) develop a strategy and take action to counter the impact of these decisions;

ii) take urgent steps to meet with UK government ministers to obtain their support for legislative changes which ensure more comprehensive protection for social rights in Europe;

iii) work with the ETUC to maintain pressure on the EU to bring about legislative change; and

iv) organise a mass lobby of MEPs to secure support for legislative change.

Unite

07 Attacks on trade union rights

Congress again calls for the repeal of the anti-trade union laws.

Congress is appalled that the recent Viking, Laval and Ruffert judgments in the European Court of Justice are a fundamental attack on collective bargaining and the right to strike, representing the most serious attack on trade unions since Taff Vale.

The unelected judges of the EU, using the 'free movement' provisions, have disembowelled the concept of social Europe and undermined the ability of unions to protect workers. The Lisbon Treaty would exacerbate these attacks by handing greater powers to the ECJ to interpret disputes concerning the Charter of Fundamental Rights.

In the UK these rulings add to the restraints of thirty years of anti-trade union laws, which have massively reduced collective bargaining coverage and, in turn, have contributed to dramatic increases in inequality.

Congress believes there is an urgent need to campaign strenuously for restoration of the fundamental human right to strike, recognised but overridden in the ECJ cases, and for the introduction of the Trade Union Freedom Bill.

Congress welcomes the General Council's support for the United Campaign's Westminster rally last year and requests it to continue to support United Campaign initiatives with the above objectives.

Congress also demands that the General Council:

i) organise a day of action, demonstration and lobby of Parliament;

ii) facilitate meetings of affiliates to promote the campaign;

iii) campaign for all ILO Conventions to be included in any new UK Bill of Rights; and

iv) call for a European-wide day of action.

National Union of Rail, Maritime and Transport Workers

Amendment

Insert new paragraph 5:

'Congress is further concerned that consideration was given to the use of powers under the Civil Contingencies Act against striking tanker drivers and that the same legislation has been used to justify the planning of privatised strike-breaking in the fire and rescue service under the proposals for Project Fireguard.'

Fire Brigades' Union

08 European Court of Justice decisions on union rights

Congress believes that a recent series of decisions in the European Court of Justice (ECJ), for example Viking, are contrary to ILO conventions on free collective bargaining and will encourage employers to reduce wages and increase working hours. By putting market freedom above social and employment rights, these decisions could fundamentally weaken the rights of unions to defend their members' working conditions.

Whereas Congress welcomes the recent progress made on the Temporary Agency Workers Directive, Congress believes there is a danger that ECJ decisions will push the EU into a position where the market trumps social rights.

Congress resolves to work with the ETUC to ensure that the living standards of working people in the EU are not eroded.

Nationwide Group Staff Union

09 EC Treaty

Congress notes that the EC Treaty's provisions on economic freedom, freedom of establishment and the provision of services, aim to prevent Member States restricting free movement. However, the European Court of Justice (ECJ) interpreted these provisions as applicable also to trade unions. Further, the Court held that collective action by trade unions may violate these provisions.

Whilst the Court also declared that EC law protected the fundamental right to strike, as a strike conflicts with the economic freedom of employers its exercise requires justification. Action is justified only where there is a serious threat to jobs and conditions of employment but this is subject to a criterion of 'proportionality'. The uncertain criterion of 'proportionality' has caused great concern to trade unions at European level. The ECJ's decisions appear to give employers' transnational economic freedoms priority over the fundamental right to collective action.

The matter is thus extremely serious. Employers are exploiting the uncertainty of EC law to raise the spectre of litigation in the British courts so that collective action becomes a huge risk. The European trade union movement is actively pursuing strategies at EU level to remedy the consequences of the European Court's decisions. What is crucially needed is action at national level to prevent employers exploiting the uncertainty of EC law to undermine British industrial relations by resort to the courts. Congress, therefore, calls on the General Council to campaign for a change in the law to remove the uncertainty created by the ECJ's decisions.

British Air Line Pilots' Association

10 The protection of seafarers' employment in the EU shortsea trades

Congress notes with concern the continuing decline in the number of British and other EU seafarers. Congress also notes the increasing use of poorly paid crews from low-cost labour supplying areas on board many of the ships that operate in British and EU waters. Congress deplores the failure of the ship owners to agree on the proposed terms of an EU directive to regulate employment conditions in the European ferry sector. Congress therefore calls on the General Council to:

i) support seafarer union campaigns against the exploitation of foreign seafarers in EU waters;

ii) support the initiatives to create a 'sector of excellence' in the European shortsea trades;

iii) support efforts to safeguard UK and EU seafarer employment and to revitalise training;

iv) support measures to encourage operators to compete on the basis of quality rather than low cost; and

v) lobby the UK Government and the European Commission for further measures to prevent unfair competition through discrimination on the pay and conditions of foreign seafarers.

Nautilus UK

11 Redundancy consultation - employers' liabilities

Congress notes the redundancies at Lyndale Foods in June 2008 without consultation with unions and the loss of over 600 jobs. Congress deplores the practice of employers using security firms to escort workers off premises without a minute's warning. This policy of an employer declaring insolvency on the basis of business reconstruction and restarting trading with the same directors, whilst avoiding their liabilities, and making workers redundant and passing redundancy and pension loss cost on to the taxpayer, is unacceptable in modern Britain. Such practices clearly show the weakness of protective legislation in the UK where workers are left vulnerable to such disgraceful employer tactics.

Congress calls upon the General Council to press the Government to close this loophole in the law that allows employers to evade their legal and moral duties to consult, and to abandon their financial responsibilities to their staff and pass on their liabilities to the taxpayer in this way.

Bakers, Food and Allied Workers' Union

12 Statutory limits on payments

Congress believes that levels of statutory redundancy pay and levels of tribunal awards for unfair dismissal do not compensate sufficiently employees who lose their jobs.

Congress further believes that the statutory limits on payments used to calculate redundancy pay and awards for unfair dismissal are an underlying cause of this low level of compensation.

Congress therefore calls on the General Council to campaign for statutory limits on payments to be removed or, where appropriate, set at levels that fairly reflect an employee's actual wage rather than being capped at an arbitrary level.

Association For College Management

Amendment

Add new final paragraph:

'Congress further believes that, in addition to lobbying for a substantial increase in Statutory Redundancy Pay, the General Council should also campaign for a review and increase in the level of the cap on preferential debts paid to employees after their company becomes insolvent.'

Union of Shop, Distributive and Allied Workers

Amendment

Add new final paragraph:

'Congress believes the current requirement on employers to consult unions in the event of redundancies is inadequate. Congress notes employers are often able to carry out redundancies before unions are able to complete a lawful ballot. Congress calls on the General Council to campaign to extend statutory minimum time limits.'

National Union of Journalists

13 Civil liberties

Congress expresses its concern at the steady erosion of civil liberties in the UK and in particular the negative impact such attacks have on members' working lives.

Congress congratulates unions who have resisted the imposition of draconian measures in the workplace and unions who have worked with civil liberty campaigners to expose the wider threat posed to civil liberties, including plans for ID cards, 42-day detention and limits on the right to protest.

Congress also expresses its grave concern at the threats to independent journalism posed by the Terrorism Act and other recent legislation. In particular, Congress condemns the threat to jail journalists such as Shiv Malik and Robin Ackroyd for protecting journalistic sources.

Congress recognises the importance of a free media in a democratic society, the essential function fulfilled by whistleblowers and the vital public interest in upholding journalists' rights not to reveal their sources.

Congress condemns attempts to use the Contempt of Court Act, Terrorism Act and other legislation to compel journalists to betray confidential sources in breach of Article 10 of the European Convention on Human Rights.

Congress urges the General Council to take a lead and work with affiliates to support legal and industrial challenges to defend civil liberties and the right of members to work free from such threats.

National Union of Journalists

Amendment

In paragraph 3, line 2, after 'journalism' insert 'and academic freedom'.

At end of paragraph 3 add:

'Congress also condemns the use of the Terrorism Act to restrict the rights of academics and students to research and study terrorist tactics (as occurred at the University of Nottingham in May).'

Insert new paragraph 5:

'Congress also recognises the importance of academic freedom in guaranteeing a robust democracy.'

University and College Union

14 Young members

Congress reaffirms its belief in the importance of trade unionism as part of civic society but notes that most young people have little understanding of their employment rights or of the role of trade unions.

Congress also notes that democratic participation among young people has also been in decline and that trade unions play an important role in engaging members with the political process.

Congress believes that support for young members is crucial to the future of the trade union movement. Addressing the lack of understanding of the role that trade unions play is vital if young people are to be properly protected at work.

Congress supports the work of the TUC to raise the profile of trade unions among young people with its training and support materials for speakers in schools through the TUC trade unionists in the classroom programme.

Congress therefore:

i) calls on the Government to increase opportunities to learn about trade unionism within the national curriculum, including specific reference to our contribution to the development of a civilised society;

ii) agrees to review delivery and structure of the trade unionists in the classroom programme to identify where best practice exists, and to promote its adoption throughout the TUC and its regions and affiliates;

iii) agrees actively to explore the possibilities for employer and government support for trade union speakers going into schools to deliver the programme; and

iv) agrees to publish a report on activity on the work undertaken in this area by Congress 2009.

Communication Workers' Union

Amendment

Insert new paragraph 5:

'Congress recognises that a consequence of the 14-19 education and training reforms is more young people undertaking their learning in settings outside schools, including in the workplace. Congress, therefore, welcomes the TUC's Diploma Voice initiative, which aims to foster young people's active engagement in workplace trade union activity.'

In sub-paragraph iii), line 4, after 'schools' insert 'and colleges'.

National Association of Schoolmasters Union of Women Teachers

Amendment

Add after 'society' at end of sub-paragraph i):

'and to all the improvements to the working conditions for millions of workers over past decades;'

Connect

15 Young members

Following the report to the 2007 Congress, Organising for the Future: Young Members and the Trade Union Movement, which found that only a minority of unions had targeted recruitment activity towards young workers, Congress encourages unions to promote much greater recruitment and retention of young members by providing representation, benefits and initiatives that resonate far more coherently with young workers, thereby ensuring a lifelong trade union allegiance.

Congress notes that in an era of falling union density and increasing disaffection among young people with the political process, some unions have been able to buck this trend through extending benefits and support mechanisms to some of the youngest workers in today's labour market. Membership of the PFA for instance is not only strong but also universal amongst all professional footballers, the PFA is therefore able to retain the support and backing of every footballer by consistently meeting their needs and requirements for life. Congress also notes that, through the NUS-TUC Protocol, a number of unions have developed initiatives to support working students.

Congress, therefore, calls on the General Council, through the Young Members Forum, to see how unions' experience of engaging young people can be best used for the benefit of the movement as a whole.

Professional Footballers' Association

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