Composite motion C18 The Trade Union Bill and building a campaign to stop government attacks

Motion 62 and amendment, 63, 65 and amendment, 66, 67 and amendment, 68 and amendment, 69 and 70

Congress emphatically rejects the introduction of the Trade Union Bill. This proposed law must be seen as a malicious attempt by the Government to constrain democratic industrial and political opposition to its austerity programme. The Bill is an uncompromising and unnecessary assault on the rights and freedoms of British workers and is politically motivated, the work of a vindictive Tory Party using the levers of Government for its own political ends, seeking to outlaw legitimate protest, stifle free speech and choke off the resources of political opponents.

Congress notes that this attack involves much wider layers than those currently in unions, affecting millions of non-unionised workers, youth, students, pensioners and others.

Congress believes that the Bill will do nothing to boost productivity or end the low-wage/low skill problems that beset our economy. In the world of work we have seen a fundamental shift from fair and decent jobs towards insecure employment models characterised by exploitative contracts, bogus self employment, agency work and low pay.  This has been mirrored in wider society with working people, and particularly the young, bearing the costs of austerity with declining living standards, a growing housing crisis, cuts to essential services, rising in-work poverty and the privatisation and marketisation of public services.

Congress recognises that governments can directly be the cause of industrial action in essential public services, such as the NHS. By setting aside or controlling the independent pay review process or imposing terms and conditions they leave those who provide such services with no effective voice other than industrial action.

The imposition of balloting thresholds sets targets that few MPs have met in their own election; it turns abstainers into “no” voters, effectively raising the bar of the threshold even further and imposing voting thresholds that have already been declared in breach of international law.

The first Police and Crime Commissioners were elected on an average valid turnout of 14.7 per cent. The general election in May 2015 produced a government elected by 26 per cent of the eligible electorate of the UK. There will be no turnout threshold for the forthcoming referendum on EU membership.

The current system for balloting in the UK is the most draconian in Europe, with outdated methods and antiquated processes that have not moved with advancement in technology such as online voting systems. If the Government really wanted to increase participation in union ballots they would allow electronic balloting. The refusal of the Government to countenance secure electronic balloting for statutory ballots only serves to underline the hypocrisy of these proposals. At a time when the Government itself is lauding its own track record in increasing the range of public services that are delivered digitally, there can be no excuse for excluding statutory ballots from this now mainstream development.

Congress calls for employers to be obliged to provide union members with access to secure phone lines or computer terminals to allow for statutory ballots and elections being conducted in the workplace. Congress believes that this single measure would considerably enhance turnout and participation.

The extra criteria required for “essential” public services, including health and transport workers, is outside international labour law.

Congress is alarmed by the proposal to criminalise the code on picketing – equating picketing with public disorder is an indication of the real views of the Government on trade unionism. Furthermore, suggestions that powers will be taken to intercept electronic communications during industrial disputes has profound civil liberties implications.

The possible criminalisation of workers involved in industrial action is blatantly unjust, as is the plan to allow the use of agency workers as strike breakers. The proposed repeal of the law prohibiting employers from using agency workers to substitute for striking workers will do nothing to aid a return to good employment relations and will put agency workers, many of whom are young people, in an invidious position.

Congress is deeply concerned about plans in the Bill both to significantly increase bureaucracy and to restrict facility time in the public sector, particularly in the area of health and safety. Congress recognises that workplaces with union representatives and a joint safety committee have half the serious injury rate of those without and acknowledges the importance of such representatives, especially in safety-critical industries like railways.

Congress regrets the proposal to introduce an opt-in to trade union political funds, attempting to outlaw unions and their members supporting the Labour Party.

Congress asserts that the Government’s plan to remove DOCAS and facility time in the public sector not only undermines industrial relations but is a fundamental attack on working people and their voice at work. Congress resolves to challenge DOCAS removal through any means necessary.

In totality, British anti-union law is the most oppressive and undemocratic in Europe.

Congress believes that free trade unions have a huge contribution to make to our country’s growth, prosperity and productivity and regrets that this ideological Bill is profoundly counterproductive.

Congress believes that the trade union movement should be at the forefront of every campaign to oppose government attacks on working people. By doing so, trade unions can build new campaigning alliances against every form of injustice.

Congress believes that within this broadly based campaign the TUC must consider all methods of challenging and defeating the Trade Union Bill, which seeks to undermine the fundamental democratic right of workers to organise to protect their rights.

We cannot sit back in the hope that a new Government will come round to our way of thinking in five years’ time. Congress commits to launching a broad, militant and imaginative campaign against this legislation. This should include working with campaigns fighting against austerity and for union rights, and organisations concerned with civil/human rights.

Congress resolves to oppose the Bill every inch of the way, building alliances across Parliament, with non Government organisations and with all the employers who have been expressing their unease about this unneeded Bill. Congress urges all affiliated unions to prioritise campaigning against the Bill.

Congress agrees that the union movement must develop a comprehensive strategy through the TUC which includes the following:

i) giving maximum possible political and industrial support and finance to trade unions that may find themselves outside the law this programme should include calls on other workers and campaigners not in unions to join our action and not be merely the calling of token protests and should set out to build a mass movement with the clear aim of defeating these attacks

ii) a programme of ongoing action

iii) preparation for supporting workers taking joint/coordinated industrial action

iv) the development of a Workers’ Charter setting out agreed aims on key issues, to be pursued by unions as part of a co-ordinated approach to collective bargaining

v) organising committees, based on local unions, trades councils and existing anti-austerity campaigns to coordinate local activity, with meetings, days of action and rallies in every region across the UK

vi) a co-ordinated national day of action across the UK and a further programme of ongoing action

vii) action to defend any union attacked under anti-union laws.

Congress agrees that the General Council should prepare a report outlining this strategy and have a special TUC conference of unions and interested parties, to plan resistance to the range of attacks we face.

Congress calls on the General Council to highlight the positive role played by trade unions in 2015 and make it a priority to do all it can to facilitate trade union rights to strike under international law.

Congress calls on the General Council to draw up a programme of action against the new raft of anti-union legislation and the continued austerity cuts, which will further attack working class living standards and public services.

Congress further calls on the General Council to lead a campaign for a change in legislation to move balloting procedures into the twenty first century, by introducing secure electronic statutory ballots to support the democratic principles of membership participation and accountability that have always been the cornerstone of our movement.

The General Council should make it a priority to campaign against this legislation.

Mover: Unite   Seconder: CWU   Supporters: FBU; Accord; ASLEF; FDA; SCP; NUM; UNISON; NUT; RCM