Author: Paul

Blacklisting and Police Spies

Newly uncovered documentary evidence shows how police officers infiltrated campaigns by construction workers protesting against deaths on building sites. The documents include a series of letters written to and from Mark Jenner, an undercover officer from the discredited Special Demonstration Squad (SDS), who during the late 1990s claimed to be a carpenter while infiltrating the construction union UCATT. Using the cover name of Mark Cassidy, the spycop ingratiated himself with the Colin Roach Centre (formerly known as Hackney Trade Union Resource Centre) and targeted a series of trade unions and union backed campaigns, attending union branches, conferences, picketlines and pay talks.

The new documents give an insight into how deeply, the police went to embed themselves into even grassroots union campaigns. On 21st March 1997, Cassidy / Jenner  wrote a letter to a number of different organisations regarding the ‘Building Workers Safety Campaign’,which he describes as a ‘rank and file organisation run by building workers’, asking for support in getting ‘information on deaths on building sites’ in order to visit ‘the site within one week after the event and ask workers to stop work’. The police authored letter continued: ‘We believe that only by hitting production can we hope to stop the killings on building sites’. This was in 1997, when the fatality rates in construction were averaging around 3 deaths a week.

The identical letter was sent to a number of trade union bodies including Haringey UNISON, Hammersmith UNISON, TGWU North London Textile branch and civil servants in the CPSA union (forerunner to PCS). The police spy also sent the letter to the charity ‘Inquest’ that provides free legal advice to people bereaved by a death in police custody. Why a charity dealing with deaths in custody would be an obvious source of information about deaths on building sites is difficult to fathom but raises questions of public interest about what the undercover police officer was trying to achieve.

One response from the local authority funded and well respected safety charity the London Hazards Centre, identifies HSE inspectors, the Coroners Office and the local police as sources of information but highlights that the authorities ‘can be very tight lipped when it comes to giving out information’ – this no doubt brought a smile to Jenner’s face when reading it.

The documents were uncovered by Brian Higgins, a 75 year old Glaswegian grandfather and blacklisted retired bricklayer based in Northampton who was the national secretary of the rank & file Building Worker Group (BWG). Brian Higgins has been granted ‘core participant’ status in the Pitchford public inquiry into undercover policing alongside a number of other union activists from the Blacklist Support Group, as information gathered by police officers appears on a number of blacklist files kept on construction workers by the notorious Consulting Association.

Brian Higgins commented:

“The police would be infinitely better employed investigating, prosecuting and jailing the corporate criminals responsible for the killing and maiming of many building workers, rather than spying on those of us who dedicate our industrial lives to trying to put a stop to this wanton carnage and the terrible grief which accompanies it. Intelligence gathered by these police spies has found its way onto an illegal blacklist in the construction industry. They say justice never sleeps: time it woke up over this!”

Alison (not her real name) was the female activist that Mark Jenner deceived into a long term relationship and lived with during his deployment. It was from their shared address in hackney that the undercover police officer joined the construction union UCATT and became a regular attendee at the Hackney branch meetings. Alison is one of the women that has received an unreserved apology and compensation from the Metropolitan Police for the abuse and human rights violations they suffered due to the activities of undercover police. Alison recalls having numerous conversations about the building industry and trade union campaigns which she describes as ‘a key part of his work’ and ‘a big part of what he was doing during this period’.

Another trade unionist who was spied upon by Mark Jenner and has been granted core participant in the Pitchford inquiry is the RMT Senior Assistant General Secretary, Steve Hedley. He commented:

“Mark Jenner gained my confidence and even stayed at my mothers home in Ireland. When I learned that he was a police spy I was dumbfounded .Why the police would be interested in a trade unionist like me is quite frankly astonishing. All my activities were open and transparent and usually even minuted. What kind of a society are we living in, when the state feels it’s necessary to employ people at the taxpayers expense to snoop on people carrying out perfectly legal activities?”

RMT Circular 14th April 2016

OFFICIAL CIRCULAR

TO ALL BRANCHES AND REPRESENTATIVES

ALL UNDERGROUND AND FORMER LT EMPLOYERS

 14th April 2016                                                                   Circular No: IR/111/16

 

Dear Colleagues,

CLOSURE OF LILLIE BRIDGE DEPOT – LONDON UNDERGROUND (LUL/15/1)

As Branches and members may recall (Circular No. IR/584/13, 7th October 2013), agreement was reached to resolve the previous dispute with London Underground in 2013 over the proposed closure of Lillie Bridge Depot. However, it now seems that this agreement has been breached and I have recently received the following resolution from our LU Engineering Branch:-

“Ballot of all RMT members in Lillie Bridge Depot and those affected. Lillie Bridge Depot Closure and Breach of LU Company Council Agreement.

 Talks at LU Company Council aimed at averting a dispute were successful and ended in an agreement that the Beaumont Ave end of the depot would be opened up to allow works traffic in and out during the Lillie Rd development, and that LU/TfL would consult the RMT in good time as and when the TfL/Capco development plans progressed to affect the depot again.

 Beginning this year notice has been given to our departments Track Delivery Unit, Maintenance Infrastructure Services, Track Manufacturing Department, Material Management Department (Stores), Transplant, Fleet Maintenance, District Line Trains and Plant Services at Lillie Bridge Depot that we are required to vacate the depot by 2019.

 The timescales are very tight: 

  • The Feasibility Study for the move to Acton Depot has to be done by May 2016 (1 month) the concept approval for what happens to all of us based in the depot is due to be completed in June 2016 (2 months).
  • We have had little only one consultation meeting despite raising the urgency of the situation at both the last LU Track & Signal Functional Council and LU Company Council, and no real progress has been made.
  • At this consultation meeting on 8th March 2016; it was agreed to hold a further consultation meeting before Easter 2016. This has not happened and my reminders to LU in the intervening period were first ignored and then the consultation meeting refused despite my advice this would lead to a failure to agree.

 

RMT Reps and members and this Branch will not be satisfied until we have:

 

  1. An agreement signed off at the highest LU/TfL level setting out an acceptable location for us all to move to.
  2. An agreement signed off at the highest LU/TfL level that all the finances needed to fund the move plus any building etc at the new location is agreed to be made available.

 

We request a meeting of all Reps from all areas and companies with affected staff to decide whether to ballot in their areas too.

 Because LU are breaching the previous LU Company Council agreement to consult adequately in good time; and due to the extremely tight timescales we are now in dispute.

 RMT LU Engineering Branch requires a ballot for both strike action and action short of a strike of all affected RMT members and members in TDU, MIS, TMD, MM, District Line Trains and Fleet, Plant Services (Tube Lines Ltd).

 The livelihood and continued work of all affected RMT members is under a most severe threat due to London Mayor Boris Johnson’s wish to wrap up the Capco/TfL luxury housing development deal for the super-rich between Earl’s Court, West Kensington and West Brompton ahead of the Mayoral election at the expense of local tenants, residents and the jobs of our RMT members affected by the accompanying demolition of Lillie Bridge Depot.

 The RMT has spent years successfully defending our members at Lillie Bridge Depot which is one of, if not the most solid RMT depot on London Underground.

 We will resist this blatant attack with all forms of action necessary”.

 

This matter has been considered by the National Executive Committee, which has taken the decision to prepare a ballot matrix for all affected RMT members and organise an all grades Reps meeting to discuss the implications of this attack on our members’ terms and conditions and future job prospects. Also, to provide and fund the necessary leaflets and propaganda and to link up with the local community campaign against the redevelopments in the Earl’s Court, West Kensington and West Brompton areas of West London.

 

I am currently acting in accordance with this decision and will keep you advised of all further developments.

 

BREAKDOWN IN INDUSTRIAL RELATIONS, TRAIN OPERATORS, PICCADILLY LINE – LONDON UNDERGROUND (LUL/14/2)

 

Further to my previous Circular (IR/073/16, 17th March 2016), members took part in solidly supported strike action on Wednesday 23rd and Thursday 24th March which closed down the Piccadilly Line. However, management took the aggressive stance of threatening our members that they would lose wages if they refused to book on at Oakwood Depot and the National Executive Committee took the decision to rescind this instruction.

Since then, LU agreed to meet at ACAS and constructive discussions with LUL Directors took place on Friday 8th April. These talks led to an offer of a review of industrial relations on the Piccadilly Line to be led by an ACAS nominated representative on the basis that it will lead to a binding dispute resolution agreement. The Company has also agreed to ‘stay’ the disciplinary procedures against members over booking on at Oakwood and hold a Director’s review over Sister O’Loughlin.

The above represents good progress from management over these issues and the Lead Officer has recommended that the strike action due to take place from Tuesday 19th April is pushed back to allow more time to hopefully come to a firm dispute resolution agreement.

This matter has been considered by the National Executive Committee, which has noted the reports on file and taken the decision to cancel the planned strike action between Tuesday 19th and Friday 22nd April 2016. Instead, affected members are now instructed NOT TO BOOK ON for any shifts that commence between:-

  • 12:00 hours on Tuesday 26th April 2016 and 11:59 hours on Wednesday 27th April 2016. 
  • 12:00 hours on Thursday 28th April 2016 and 11:59 hours on Friday 29th April 2016.

 

I will keep you advised of all further developments.

 

CHANGES TO CLEANING OPERATIONS – INTERSERVE FACILITIES (KEOLIS AMEY DOCKLANDS CONTRACT) (DLR/15/4)

 

Further to my previous Circular (IR/073/16, 17th March 2016), the ballot has concluded with members voting as follows:-

 

Question: Are you prepared to take strike action?

 

Total Votes Cast                34

Number Voting ‘Yes’           33

Number Voting ‘No’            1

Spoilt Papers                     0

 

Question: Are you prepared to take industrial action short of a strike?

 

Total Votes Cast                34

Number Voting ‘Yes’           30

Number Voting ‘No’            1

Spoilt Papers                     3

 

This matter has been considered by the National Executive Committee and referred to the Southern Sub-Committee for further examination and report. I will keep Branches advised of all further developments.

 

BREACH OF CORE WORK AGREEMENT, CONTRACTING OUT AND USE OF SECONDARY CONTRACTORS – FLEET GRADES – LUL (LUL/13/1)

 

The Lead Officer has recently advised that our Fleet Reps have registered a failure to agree on two issues; S-Stock Shoe Gear Replacement and Breaches of the Core Work Agreement.

 

An agreement was reached for a trial where BTUK controlled inspections on S-Stock Shoe Gear but, if the trial had not resolved the issue of shoe gear not lasting up to the 25k maintenance target by the beginning of April, this job would come under Fleet duties and extra staff would be added accordingly. Last week, management made it known that they would not honour this agreement.

 

LUL management has also stated that the airbag replacement programme on the S-Stock is a warranty issue and as such BTUK would be carrying out this work which involves stripping the train bogies to get to this piece of equipment and they are employing contractors JMac to do this. RMT stated that whilst we could accept them changing out the airbags, the lifting and lowering of the bogies and stripping them out is Fleet work and as such, LUL Fleet staff should be doing this. Management rejected this position and also stated that any warranty work will be done by BTUK. This could cover any aspect of work on the train and is therefore in conflict with our Fleet Core Work Agreement. Furthermore, it brings in more agency staff through the back door.

 

This matter has been considered by the National Executive Committee, which has noted the correspondence on file and that there is a major attack on our Fleet Core Work Agreement and taken the decision to prepare a ballot matrix of all affected RMT members so that we can prepare for industrial action in defence of our agreements. Also, to organise an all grades Reps meeting and to provide the necessary leaflets and propaganda material.

 

I am currently acting in accordance with this decision and will keep you advised of all further developments.

 

Yours sincerely

Mick Cash

General Secretary

 

Blacklisting Update

  1. Blacklisted workers taunted by central figure in the blacklisting conspiracy

http://www.mirror.co.uk/opinion/blacklisting-victims-havent-suffered-enough-7752746

 

  1. Blacklisted workers speak at the High Court about how standing up for fellow workers affected their families

https://www.youtube.com/watch?v=eV7lL2Gm9zw

http://www.constructionenquirer.com/2016/04/13/blacklist-contractors-pay-out-another-15-20m/

Please share and circulate this video far & wide – and donate to Reel News

 

  1. Cullum McAlpine ‘mastermind’ behind blacklisting conspiracy refuses to give evidence in High Court trial

http://unitelive.org/the-fight-goes-on/

http://www.unitetheunion.org/news/blacklisting-mastermind-refuses-to-give-evidence-at-high-court-hearing/

http://www.buildingconstructiondesign.co.uk/news/blacklisting-mastermind-refuses-to-give-evidence-at-high-court-hearing/

 

  1. George Tapp – working class hero – has been awarded £80,000 compensation for the life changing injuries he suffered after he was run down by a motorist whilst handing out leaflets at a blacklist protest against the construction giant BAM during the Crossrail dispute. Well done to the union & lawyers for fighting the case.

http://www.morningstaronline.co.uk/a-8957-Court-Awards-Blacklist-Hero-Tapp-80,000

 

  1. Overview of the High Court trial

https://undercoverinfo.wordpress.com/2016/04/13/blacklisting-the-blacklisters-the-evidence-subscribers-key-players-finances-etc/

 

  1. Undercover police spied on the Grunwick strikers & caused the abandonment of the Grand National

http://www.theguardian.com/uk-news/undercover-with-paul-lewis-and-rob-evans/2016/apr/13/covert-police-spied-on-strikers-and-their-supporters-in-iconic-dispute

https://network23.org/redblackgreen/2016/04/10/1993-the-year-the-grand-national-was-sabotaged-with-help-from-special-branch/

 

Major conference on undercover police spying on activists this coming weekend – with an all star line up of speakers and a workshop on blacklisting

http://www.crimeandjustice.org.uk/civicrm/event/info?reset=1&id=107

http://www.theguardian.com/uk-news/undercover-with-paul-lewis-and-rob-evans/2016/mar/30/doreen-lawrence-to-speak-at-conference-on-undercover-policing-and-racism

 

  1. Blacklist firm Balfour Beatty also exploiting construction workers in Qatar

http://www.theguardian.com/global-development/2016/apr/13/balfour-beatty-interserve-accused-migrant-worker-labour-abuses-qatar

 

  1. Mildred Gordon R.I.P.

Mildred Gordon MP for Bow & Poplar and an active supporter of the Construction Safety Campaign has passed away. http://eastlondonnews.co.uk/former-bow-poplar-mp-mildred-gordon-dies/

“Is it not true that, in this country, no employer who has been found guilty of negligence that has caused a fatal accident on a building site has ever been imprisoned for criminal negligence? Should not such employers be sentenced? If it is their fault that a worker dies, is it not true that only imprisonment will make them take the matter seriously? When great profits are at stake, fines of £400, or even £2,000, will not improve the position”

  1. Construction & Offshore safety concerns

http://www.manchestereveningnews.co.uk/news/greater-manchester-news/building-firm-bosses-jailed-after-11159729#ICID=Android_MENNewsApp_AppShare

https://www.energyvoice.com/oilandgas/north-sea/106583/scottish-government-candidates-grilled-offshore-workers-safety/?utm_source=Sailthru&utm_medium=email&utm_campaign=EV+Daily+Newsletter+2016-04-13&utm_term=Energy+Voice+-+Newsletter

 

 

Blacklist Support Group

book: http://newint.org/books/politics/blacklisted-secret-war/

video: http://www.youtube.com/watch?v=JlCa8yQmZ70

blog: www.hazards.org/blacklistblog

facebook: http://www.facebook.com/groups/blacklistSG/

 

 

New Inflation Rates

New Inflation Rates

The Office for National Statistics has published inflation figures for the twelve months to March 2016.

The Retail Prices Index (RPI) stood at 1.6% for the year to March 2016 up from 1.3% in the year to February 2016.

The Consumer Prices Index (CPI) stood at 0.5% for the year to March 2016 up from 0.3% in the year to February 2016.

RMT TO BALLOT LILLIEBRIDGE DEPOT

RMT TO BALLOT FOR ACTION AT MAIN TUBE TRACK MAINTENANCE AND RENEWALS DEPOT

 

TUBE UNION RMT confirmed today that it has begun preparations for a ballot for both strike action and action short of a strike for all staff working out of the main track maintenance and renewals depot at Lillie Road in Earls Court.

 

Staff at the depot have gone into dispute after they got caught in the middle of a mad dash by Mayor Boris Johnson to bulldoze through the demolition of whole swathes of the Earls Court area to open the door for luxury housing for the tax-dodging super rich before he hands over the keys to City Hall in May. It is that drive that has led to a scramble to vacate the Lillie Road depot, riding roughshod over agreed consultation timetables and threatening the jobs and working conditions of the RMT members caught in the crossfire.

 

Earlier talks at LU Company Council aimed at averting a dispute were successful and ended in an agreement that the Beaumont Ave end of the Lillie Road depot would be opened up to allow works traffic in and out during the development, and that LU/TfL would consult the RMT in good time as and when the TfL/Capco development plans progressed to affect the depot again. Capco are the luxury property development partners of TFL.

 

Hoever at the beginning this year notice has been given to all departments at Lillie Bridge Depot that we are required to vacate by 2019. This sudden compressing of the timetable means that the Feasibility Study for the move to Acton Depot has to be done by May 2016 – a few weeks away – and the concept approval for what happens to all staff based in the depot is due to be completed in June 2016 – less than two months away.

 

No progress has been made on any serious consultation leading RMT to the conclusion that the process is being rail-roaded at the behest of the Mayor and his property developer partners.

 

RMT’s demands are simple, clear and reasonable:

 

  1. An agreement signed off at the highest LU/TfL level setting out an acceptable location for us all to move to.

 

  1. An agreement signed off at the highest LU/TfL level that all the finances needed to fund the move plus any building etc at the new location is agreed to be made available

 

The failure to offer those agreements has triggered the move to a ballot.

 

RMT General Secretary Mick Cash said:

 

“The livelihoods and jobs of all RMT members at Lillie Road is under severe threat due to London Mayor Boris Johnsons wish to wrap up the Capco/TfL luxury housing development deal for the super-rich between Earls Court, West Kensington and West Brompton ahead of the Mayoral election. The bulldozing through of these plans is at the clear expense of local tenants, residents and the jobs of  RMT members affected by the accompanying demolition of Lillie Bridge Depot.

 

“The RMT has spent years successfully defending our members at Lillie Bridge Depot and we are not going to take this latest attack that all stems from the obsession with luxury property speculation in this City.

“RMT remains available for talks.”

RMT SLAMS "TRANSPORT FOR LONDON BILL" MULTI-BILLION POUND RIP OFF BY THE SUPER-RICH

RMT SLAMS “TRANSPORT FOR LONDON BILL” MULTI-BILLION POUND RIP OFF BY THE SUPER-RICH

Tonight, Tuesday 12th April, the Transport for London Bill has its third reading – a Bill which transport union RMT has slammed as a “multi-billion pound rip off tailored yet again to the tax-dodging, global super-rich.”

The Transport for London Bill was introduced into Parliament to help TfL maximise, at all costs, the profits that it makes from developing its property.

Specifically, under clause 5 of the bill, TfL would have been able to enter into novel company structures – including opaque, tax avoiding offshore structures known as “limited partnerships”. Limited partnerships are well-known vehicles for laundering capital and were used recently to defraud the Moldovan Central Bank of millions.

RMT in conjunction with Andy Slaughter MP, John McDonnell MP, and numerous other labour MPs and the Save Earls Court Campaign combined together to petition against the Bill and try to prevent the most ill-conceived aspects of it from becoming law.

As a result of our campaign, TfL finally conceded defeat on clause 5 and abandoned its attempt to acquire the power to enter into limited partnerships. However, it persists with the remainder of the bill.

The union has undertaken further investigation into how TfL was persuaded to engage in the development of the Earls Court site – the model for future TfL development. After an examination of Capco’s (the property developer behind Earls Court construction) annual report, new concerns have arisen.

Specifically, a note in Capco annual report causes us to believe that the TfL Bill still has potential for TfL to give away its assets too cheaply and too riskily. In the case of Earls Court, TfL has already invested nearly £400 million in Earls Court Partnership Limited non-interest bearing loan notes – notes which are not redeemable until 2064 [Note 1].

Under clause 4(2) of the TfL Bill, TfL would be able to permit “charges” to be entered against its property as a way of funding joint property development. To raise finance more cheaply, TfL would be able to mortgage its assets to fund property development activities.

There is a fresh financial crisis brewing – meaning that there is an increased risk of corporate defaults – especially in the over-leveraged property sector. TfL is entering the property development game at precisely the wrong moment and in precisely the wrong way.

RMT General Secretary Mick Cash said:

“The wholesale withdrawal of central government financial support for TfL is forcing it to risk its assets in complex property gambles no matter how dodgy and no matter what the real cost to Londoners.”

“The construction firms with which TfL plans to engage, are running rings around TfL, helping the hapless organisation offload its prime London assets at well below the market rate.

“We have no confidence in TfL to be able to secure a fair price for its land – and our concerns are borne out by its dreadful governance failures in relation to the development of Earls Court.”

14th RMT Annual Garden Party for Cub

RMT / Cuba Solidarity Campaign 14th Garden Party: Wednesday 15th June 2016.

In association with the Cuba Solidarity Campaign the 14th RMT Annual Garden Party for Cuba will take place on Wednesday 15th June 2016 at Maritime House, Clapham, London, commencing 7.00pm.

Tickets will be available shortly and will be £15 each. This includes a free bar, buffet and music. As usual we will be joined by a number of distinguished guest speakers.

The Garden Party will provide a wonderful opportunity to show solidarity with Cuba with friends from across the Labour and Trade Union movement.

I hope to be able to see you at the Garden Party on 15th June.

Yours sincerely

 

TRADE UNION BILL – CHECK OFF PROPOSALS

TRADE UNION BILL – CHECK OFF PROPOSALS

 The Trade Union Bill has continued its passage through Parliament and was progressed to the Report Stage on 16th March 2016.

As you are aware, the Bill is a draconian piece of legislation which threatens the basic right to strike, in addition to placing massive burdens of various types on the trade union movement.

One aspect of the Bill is an attack on check-off (also known as ‘paybill’), or the deduction of union subscriptions from wages, in the public sector. Public sector employers are defined as follows:

  1. a)     An employer is a relevant public sector employer if the employer is a public authority specified, or of a description specified, in regulations made by a Minister of the Crown.
  1. b)    A Minister of the Crown may by regulations provide, in relation to a body or other person that is not a public authority but has functions of a public nature and is funded wholly or partly from public funds, that the body or other person is to be treated as a public authority for the purposes of this section.

This means that Tory ministers can force companies to withdraw paybill deductions from our members who currently pay their Union subscriptions by that means.

The Union has identified that we have members paying their subscriptions via check-off in Network Rail, TOC’s and Bus companies.  We have sought legal advice but the Executive Committee believes that we should encourage our members to transfer to direct debit to thwart the government’s blatant attack on our Union.

The matter was placed before the National Executive Committee at the March Statutory Meeting. The following report from the Organisation, Training and Education Sub-Committee was adopted by the National Executive Committee:

“That we instruct the General Secretary to initiate a campaign to encourage all members on paybill deductions to transfer to Direct Debit.”

As part of this campaign, it has been identified that there is a body of administrative work that will be required which will need to be overseen and project managed. Dave Jones, our Regional Administration Manager from Birmingham, has been temporarily seconded to this project to coordinate our efforts until its eventual conclusion. I have therefore made arrangements for the Midlands Regional Office to be covered during Dave’s secondment.

Over the coming weeks we shall be contacting members affected to ask that they transfer to Direct Debit and would encourage members, representatives, branches and regional councils to support our efforts to get a maximum sign up for Direct Debit

I shall be writing again with further details.

Yours sincerely

 

 

WORKERS MEMORIAL DAY – 28th APRIL 2016

WORKERS MEMORIAL DAY – 28th APRIL 2016

You will recall from the contents of NP/021/16 1st January 2016  Circular, that the attacks on Trade Unionists and Health & Safety reps in particular are not just confined to other parts of the globe, but are taking place right here on these islands. The TUC have issued further information and detail with regards to events for this year, please make every effort to attend and where ever possible contribute. As a reminder to the previous circular in January I will keep it enclosed in this mailing.

Every year more people are killed at work than in wars. Most don’t die of mystery ailments, or in tragic “accidents”. They die because an employer decided their safety just wasn’t that important a priority. Workers’ Memorial Day (WMD) commemorates those workers.

Workers Memorial Day is held on 28 April every year, all over the world workers and their representatives conduct events, demonstrations, vigils and a whole host of other activities to mark the day. The day is also intended to serve as a rallying cry to “remember the dead, but fight for the living”.

The TUC coordinates activities across the country, publishing a comprehensive listing of events and suggestions. If you are organising any events in your area please let me know and I’ll make sure it goes on the TUC website. See https://www.tuc.org.uk/workersmemorialday

A listing of the global activities is available from the Hazards website.

In 2016 the theme for the day is “Strong Laws – Strong Enforcement – Strong Unions”.  Across the world we are seeing growing attacks on health and safety protection, including in Britain where the Government have removed protection from millions of self-employed workers, and across Europe where the European Commission are pursuing a dangerous de-regulatory strategy. However strong laws are not enough if they are not going to be enforced. That is why we need proper inspections and enforcement action against those who break the law. Here in the UK the number of inspections has fallen dramatically in the past five years, however in many other countries enforcement has always been non-existent. That is why we also need strong unions. Unionised workplaces are safer, yet the Government is trying to stop unions protecting the health and safety of their members by restricting the right of health and safety representatives to take time off to keep the workplace safer, and also trying to reduce our right to strike when things go wrong.

 

https://www.tuc.org.uk/workersmemorialday

 

Please bring the contents of this circular to the attention of all members.

Yours sincerely

Mick Cash

General Secretary

www.rmt.org.uk/healthandsafety

EXHAUST FUMES AND ALARMS – HOUNSLOW TUNNELS

EXHAUST FUMES AND ALARMS – HOUNSLOW TUNNELS

A report and correspondence came in from the Relief Regional Organiser and from RMT members working on track tamping machines in tunnels around the Hounslow area. The concern appears to be the use of additional diesel powered generators being used in tunnel sections and/or shut and cut areas. There was also a concern over an alarm sounding to give notice of excess fumes in the area and a person from the contracting company attempted to remove them by placing them up his jumper and under his PPE jacket.

The National Executive has taken the following decision:

“That we note the report on file.

 This NEC is extremely concerned with the content of this report, where an individual’s disregard to safety equipment could potentially have had serious implications on our members Health & Safety. Accordingly, we instruct the General Secretary to immediately follow this issue up through the effected Health & Safety representatives and a report to be placed back in front of this NEC within 14 days. All further developments to be placed before us. Branches and regional councils to be advised”   

 I am in the process of carrying out those instructions.

Please bring the contents of this circular to the attention of relevant members.

Yours sincerely

Mick Cash

ASBESTOS DEATHS

ASBESTOS DEATHS

There continues to be asbestos all around the railway infrastructure and in other locations where we also organise. RMT Members are reminded almost monthly of the damage and loss that occurs amongst our members, families and friends due to the continuous attack on people’s health by asbestos and its fatal associated diseases. Members have called for the elimination and safe removal of asbestos from across all infrastructures, and to campaign politically and industrially to have this goal reached. Activities and campaigns planned include the following, and we fully expect this programme to develop and expand.

Article on Asbestos Deaths and the development of the campaign will be in the April issue of RMT News.

  • There will be a follow up article in the next issue of RMT News from Thompsons detailing in more detail the RMT asbestos register and how many members are protected by it against future claims, how much the PI team at Thompsons have secured in damages.
  • Health and Safety RMT Conference 2016 had as its theme Cancer at Home – Cancer in the Workplace. All delegates to conference have received a copy of RMT/TUC Occupational Cancer – Workplace Guide.
  • With regard to the high profile campaign it should be noted that the TUC is currently running a similar campaign “Remove this killer dust – make all workplaces asbestos free”. This campaign has broadly similar aims: A political campaign to force employers to survey their workplaces by 2022 and to have all asbestos removed by 2035. This campaign stems from an All-Party Parliamentary Group on Occupational Health and Safety report – “Why Britain needs an eradication law.”
  • TUC are currently focusing on opposition to the Trade Union Bill but have indicated they would welcome support from affiliates.

The National Executive has taken the following decision:

“That we note the report on file and welcome the forthcoming articles on asbestos to be published in RMT News. We also note the TUC Asbestos Eradication Campaign and instruct the General Secretary to ensure RMT join this campaign. A further progress report to be placed back infront of the NEC during stats week of June 2016.

 Branches and regional councils to be advised”   

 I am in the process of carrying out those instructions.

Please bring the contents of this circular to the attention of relevant members.

Yours sincerely

Mick Cash

General Secretary

Briefing on State Aid complaint alleging Earl's Court developer

The RMT and LUEngineering Branch have been working hand in hand with the local community around Earls Court to save our LillieBridge Depot and support the West Kensington and Gibbs Green Estates against social cleansing.

Below is some information about the campaign and how state aid is used to help the rich get richer.

 

State Aid Complaint summary final

 

WKGG News 24

 

Briefing on state aid complaint March 2016

 


Earl’s Court: Complaint to European Commission alleges Council gave £1.5 billion in unlawful state aid to Capco

A West Kensington resident has submitted a formal complaint to the European Commission alleging that Hammersmith & Fulham Council gave £1.5 billion of unlawful state aid to Capco, the company redeveloping Earl’s Court. The state aid arose from the Council’s previous Conservative administration signing a contract for the sale of 22 acres of land occupied by the West Kensington and Gibbs Green estates for £90 million – well below market value. For the past seven years, the estates have been at the centre of a high profile campaign by residents to save their homes from demolition.

The amount of unlawful state aid provided by the Council to Capco was estimated on four different commercial bases. All of them showed a very large element of state aid. The analysis, carried out by consultant Dr Richard Fordham, estimated, on the strongest basis, state aid of £1.5 billion. This was calculated using figures Capco published in its annual results on 25 February 2016, which showed the company valued the profit on a similar sized area of adjacent land at £1.274 billion.

The complaint to the European Commission highlights many unusual features of the arrangement with Capco, including:

  • Capco was chosen by the Council for the scheme without a public tender, in contravention of Government Guidance on the sale of public land. The Council offered no logic for avoiding a tender process. The market was not tested; and many other well-qualified development companies in London and the EU were denied the opportunity of bidding for the land. Therefore it is impossible for the Council to prove that it obtained the best possible price.
  • The phased payments for the land, which run from 2015-2019, were not indexed for inflation, nor is there any review mechanism for the Council to benefit from property price increases. So no value growth was allowed for, despite the deal being struck when the property market was at its lowest point in the recession.
  • The Council used PricewaterhouseCoopers to confirm that financial due diligence had been satisfactorily undertaken and Jones Lang LaSalle to confirm the Council had obtained best consideration for the land. Both these firms were also engaged by Capco to audit its own accounts and value its Earl’s Court properties. PwC’s advice was so heavily qualified that, according to its letter, it did not constitute investment advice or provide an assurance.
  • The £90 million sale price for the estates’ land is far less than the current estimate of £140 million it would cost the Council to buy back homeowners and to obtain vacant possession from the secure tenants.
  • Although the 760 replacement homes were counted in the CLSA as part of the consideration for the estates, they were also calculated into the £452 million planning gain that formed the S106 agreement signed as part of the planning permission agreed in 2013.

Now that the European Commission has received the complaint it is for them to decide whether to mount an investigation. Should they find that there has indeed been unlawful state aid, the most suitable remedy would be either for the CLSA to be declared void and unenforceable or for Capco to pay £1.5 billion to Hammersmith & Fulham Council (net of £45 million it has already paid the Council).

Keith Drew, the resident who made the complaint, said: “The Council entered into a contract for the sale of our homes to Capco for a pittance. They used state resources to confer a huge exclusive unfair economic advantage on a wealthy developer. That £1.5 billion belongs to us. If this is not stopped, Capco stand to make an obscene profit out of public resources, causing misery to a community of 2,000 people. I hope the European Commission will mount a full investigation.”

23 March 2016

Additional information:

Article 107(1) of the Treaty on the Functioning of the European Union states that any aid granted by a Member State or through state resources in any form whatsoever which distorts or threatens to distort competition by favouring certain undertakings or the production of certain goods shall be incompatible with the internal market, in so far as it affects trade between Member States.

In January 2013, the Council’s then Conservative administration signed a Conditional Land Sale Agreement (CLSA) with EC Properties LP, a Limited Partnership presently owned and controlled by Capital & Counties Properties plc, otherwise known as Capco (the name used generically by the Council to describe the holding company and limited partnership).

The CLSA requires the Council to transfer phases of the estates to Capco with vacant possession. In exchange for the estates land, Capco has to provide 760 replacement homes and pay the Council £90 million. But the Council has to buy back 171 homes from leaseholders and freeholders and arrange to rehouse all the tenants out of its own resources. Although it will then own 171 extra homes, it will have borne the associated costs of repurchase and taken the risk on the date of signing the CLSA that it would have to buy the properties at progressively higher points in the market to achieve the vacant possession it had undertaken to provide in phases over 25 years to EC Properties LP.

The CLSA is an option in favour of EC Properties LP, exercised wholly at their choosing. There are no obligations on them that can be triggered by the Council unilaterally without their willing participation. Thus, the Council cannot require EC Properties LP to proceed with, or once commenced to complete, the development. EC Properties LP can stop whenever it might be financially convenient for them to do so.

The Council claimed that only Capco could offer replacement accommodation so as to facilitate one rather than two moves for tenants. However, this was plainly wrong since the Council owned a redundant school in the middle of the estates occupying sufficient land area to have provided the replacement homes needed to empty out the first phase on the estates, and which it sold to Capco for £9 million, again without any tender or competition.

According to a review of the financial viability assessment conducted in September 2012 by District Valuer Services, the total Earl’s Court scheme value was estimated at £12 billion. Land Registry data puts the uplift in house prices in Hammersmith & Fulham between 2012 and 2016 at a factor of 1.57. This increases the total scheme value now to nearly £19 billion. Yet, the context for the price agreed by the Council in 2012 was a scheme value of £8 billion.

 

 

 

 

 

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