Author: Paul

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Massive Blacklisting Victory

High Court trial – employers surrender!

Blacklisting was in the High Court on Thursday and after 6 years of denying everything, that the High Court trial is getting close, the blacklisting wretches have revised their legal defence, finally admitting their guilt. The 8 largest firms have run up the white flag and the ongoing negotiations between the lawyers are now just drawing up the terms of the surrender. The lawyers representing the blacklisting contractors are still huffing and puffing about their desire to go to court to fight the issue of ‘quantum’ and ‘causation’ (ie: how much compensation they need to pay) but this is just for show. The blacklisters will do anything to avoid the spectacle of a High Court conspiracy trial, which is still set to start in May 2016 and last for 10 weeks. BSG position is that we still want to see the directors of these multinational firms being forced to give evidence under oath at the High Court about their active involvement in this human rights scandal. Buying us off with a few thousand pounds is not justice.

 

The Blacklist Support Group would like to go on record to thank the stirling work carried out by all of the lawyers on our behalf. We could not have done this on our own. But we would like to particularity praise the work carried out by JC Townsend, Liam Dunne, Sean Curren and the rest of the legal team at Guney Clark & Ryan solicitors who have been working on the High Court conspiracy claim completely unpaid since 2009. Without their initial support, hard work and the resources allocated by GCR over the past six and a half years, we would not be in this position today. Blacklisted workers salute you.

 

Below is the statement issued & written by PR spin-doctors Graylings on behalf of the 8 largest firms.

On 7 October 2015 we, the eight companies that comprise the Macfarlanes Defendants*, submitted a Re-Amended Generic Defence to the Court.  In this document we lay out clearly a number of admissions; these admissions are also covered in the accompanying summary which, we hope, will provide interested parties with an easily accessible reference.  Both documents contain a full and unreserved apology for our part in a vetting information system run in the construction industry first through the Economic League and subsequently through The Consulting Association; we recognise and regret the impact it had on employment opportunities for those workers affected and for any distress and anxiety it caused to them and their families.

 

We are making these admissions now as we believe it is the right thing to do; we are keen to be as transparent as possible and to do what we can to simplify the High Court hearing scheduled for mid-2016.  We hope that the clarity this brings will be welcomed by the affected workers.    Indeed, ever since the closure of The Consulting Association in 2009, we have been focused on trying to do the right thing by affected workers.  This was why we set up The Construction Workers Compensation Scheme (TCWCS) in 2014 to provide those who felt they had been impacted by the existence of the vetting system with a fast and simple way of accessing compensation. Currently, we have paid compensation to 308 people who have contacted TCWCS and we are processing 39 ongoing eligible claims.

 

We remain committed to TCWCS.  We are approaching the High Court hearing in the spirit of openness and full transparency and continue to defend the claim strongly in relation to issues of causation and loss.

 

* Balfour Beatty, Carillion, Costain, Kier, Laing O’Rourke, Sir Robert McAlpine, Skanska UK and VINCI PLC

 

TV and newspaper coverage: 

http://www.bbc.co.uk/iplayer/episode/b06fp8tj/look-north-east-yorkshire-and-lincolnshire-08102015

http://www.morningstaronline.co.uk/a-22f9-Construction-giants-confess-to-host-of-blacklisting-charges#.Vher4vlViko

http://www.theguardian.com/law/2015/oct/08/blacklisted-construction-workers-move-closer-to-huge-damages-payout?CMP=share_btn_tw

http://www.unitetheunion.org/news/landmark-legal-action-paves-way-for-pay-outs-as-construction-firms-admit-to-blacklisting/

http://m.building.co.uk/news/contractors-make-admissions-of-guilt-in-blacklisting-super-case/5078043.article

http://www.expressandstar.com/business/city-news/2015/10/08/construction-workers-in-line-for-damages-after-firms-admit-blacklist/

http://www.gmb.org.uk/newsroom/blacklisting-door-opens-for-substantial-compensation

http://www.ucatt.org.uk/blacklisting-companies-accept-guilt

 

 

Pitchford Inquiry – police involvement in blacklisting to be investigated

If the blacklisting companies think that they can buy their way out of public scrutiny, they are very wrong. Teresa May has set up a public inquiry into undercover policing being headed by Lord Justice Pitchford. The first preliminary session took place on Wednesday in the Royal Courts of Justice. Blacklisted workers represented by the Blacklist Support Group have been granted core participant status. So the Pitchford inquiry will now investigate the role of the police in the blacklisting scandal. UCATT, FBU & NUM have also been granted CP status. The next 3 years will be very interesting.

 

https://usilive.org/blacklisted-workers-celebrate-after-court-ruling/

http://www.theguardian.com/uk-news/undercover-with-paul-lewis-and-rob-evans/2015/oct/08/more-than-140-people-given-key-role-in-public-inquiry-into-undercover-police?CMP=share_btn_tw

http://www.morningstaronline.co.uk/a-fe10-Workers-get-a-Voice-in-Spy-Cop-Probe#.VhetiPlViko

https://usilive.org/undercover-cop-probe-tuc-applies-to-represent-all-unions/

http://www.morningstaronline.co.uk/a-bc3b-Investigation-threatens-to-lay-bare-collaboration#.VhetH_lVikp

http://www.healthandsafetyatwork.com/hsw/construction/blacklisting-undercover-policing-inquiry

http://www.cnplus.co.uk/legal/blacklisted-workers-added-to-undercover-policing-enquiry/8690013.article#.VhWppflViko

 

Ongoing fights against blacklisting

Blacklisting is not a historic thing of the past – it is still ongoing.

 

Victimsed PCS rep, Candy Udwin reinstated at the National Gallery after more than 100 days on official strike. BSG would like to send a message of support to all the PCS strikers and especially to Candy. Your determined struggle and solidarity are an inspiration to us all.

http://socialistworker.co.uk/art/41412/National+Gallery+strikers+celebrate+as+sacked+rep+is+reinstated

 

Liverpool

New Royal Hospital project being built by blacklisting firm Carillion.

Sat 10th October

9.00am-10.30am Demo outside New Royal Hospital, Crown Street Entrance

11am-1pm – Organising meeting at Unite the Union Office

 

Teesside

The ongoing dispute over contractors refusal to pay the nationally agreed rates of pay and blacklisting of union members at Wilton In Teesside is now in its 7th month. The Teesside activists recently took their fight against SITA to Liverpool. #PayTheRate

http://www.liverpoolecho.co.uk/news/liverpool-news/rush-hour-chaos-caused-city-10169240

 

Andy Burnham pledges to fight for Shrewsbury Pickets

https://usilive.org/burnham-pledges-to-take-on-anti-trade-union-cops/

 

Blacklisted book was in Leeds this week – massive thank you to Kath Owen and jane Holgate for organising the meetings. The blacklisting campaign can only operate if local grassroots activists support us. http://newint.org/books/politics/blacklisted-secret-war/

 

Blacklisting & the Arts 

Film maker Lucy Parker has been working with the Blacklist Support Group for a number of years. she will be doing a presentation in Edinburgh. BSG encourage anyone who has been blacklisted and especially wives and artners of blacklisted workers to participate in this project.

Contact Lucy via: lucy.c.parker@googlemail.com

http://www.rhubaba.org/lucy-parker/

 

Mark Thomas in New York

Comedian / activist Mark Thomas appears on the construction industry blacklist, was spied on by BAE systems and also appears on the Metropolitan Police domestic extremism database. He is one of 6 journalists being represented by the NUJ currently suing the Met Police. Mark is taking his award winning show Cuckooed (about his experience of corporate spying) to New York throughout November. The show won awards at the Edinburgh Festival and the Amnesty International. The link is for tickets. If any trade unions or journalists in New York wish to get in touch with Mark during his NY run, please contact BSG at blacklistsg@gmail.com to arrange.

http://www.59e59.org/moreinfo.php?showid=223

 

United We Stand – Ragged Trousered Philanthropist

Townsend Productions 2 political plays about the building industry are in Peckham throughout October & November with special press nights and speakers throughout the run.

http://www.townsendproductions.org.uk/home

 

 

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/

 

 

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TRADE UNION BILL – “KILL THE BILL” LOBBY

Dear Colleagues,

 

Reminder – Protect the Right to Strike – Mass Lobby of Parliament

The Tory government is trying to rush through into law, draconian new anti-trade union legislation. Responding to their accelerated timetable, the following events have been called.

TRADE UNION BILL – “KILL THE BILL” LOBBY OF PARLIAMENT, 18.00 ON TUESDAY 13 OCTOBER IN COMMITTEE ROOM 10

On Tuesday 13 October, members are invited to join a lobby of Parliament. I will be addressing the event along with:

    • Ian Lavery MP (RMT Parliamentary Group member)
    • Caroline Lucas MP (Green Party)
    • John McDonnell MP (RMT Parliamentary Group Convenor)
    • Mark Serwotka (PCS)
    • Michelle Stanistreet (NUJ)
    • Matt Wrack (FBU)

Members are encouraged to attend this event which will take place at 6pm inside Parliament at Committee Room 10. (As the event is inside Parliament, members attending should allow sufficient time to clear security).

 

RALLY AND LOBBY OF PARLIAMENT, 11.30 ON MONDAY 2ND NOVEMBER, CENTRAL HALL, WESTMINSTER

 

A mass rally and lobby of Parliament will take place on 2nd November 2015 from 11.30. The rally will take place in Westminster Central Hall prior to the lobby. Members are encouraged to join the TUC and other union members from all over the country by coming together to lobby and rally against the Trade Union Bill.

 

I look forward to welcoming as many members as possible to these events. And for those who can’t attend, please use the following link to write to your MP to state your opposition to the Trade Union Bill:

 

https://secure.goingtowork.org.uk/page/speakout/will-your-mp-protect-the-right-to-strike-

Yours sincerely,

Mick Cash        

General Secretary

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Self-Employed or Employed? (LUL)

The RMT have been asked to research the issue of whether self-employed/ agency-employed members meet the legal tests for being treated as employees of end user (LU)

We are especially interested in copy of contracts, which will remain private and will be returned, and details about how members actually work (eg whether provide own uniform/ equipment, who controls how do job, subject to disciplinary proceedings). Depending on feedback, we may carry out a survey of our members to get a fuller picture.

However, if you can help please email

Paul Jackson, Branch Secretary

LUEngineering@rmt.org.uk

or

Gabriel Barton, Research Officer, National Policy Department

G.Barton@rmt.org.uk

 

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Tube Lines Pay & Company Council Update

Dear Colleagues,

Further talks were carried out last week between TFL/ Tube Lines and the Trade Unions. There is no further progress and we remain in dispute. Hopefully, our ballot matrix will be ready soon

Report

  • Minutes from 3rd June agreed
  • Pension there are no planned JWP meetings because TFL are  still busy talking to LU reps about night tube/ pay.
  • If agreed that Night Tube is to be done on a voluntary basis  on LU, Tubelines would not be  able to because all 3 of their lines are effected.
  • The rest of the pay/ night tube is the same as LU’s.
  • We said if you give us the pension we could sort out Night Tube, Andy Derbyshire will talk to TFL, he asked in the meantime can we talk about night tube we said no.
  • Xmas & new yrs/ working arrangements Bonus, they could not tell us what it will be and are going to get back.
  • LU strike days Tube lines will still be asking for sick notes and refusing A/L but there would be managers discretion on A/L , they said staff phone in sick or take A/L rather than try to get to work or cross picket lines, we did not agree to this they said they have done it in the past, we said they let staff know  beforehand and didn’t this time.
  • They would tell managers to inform staff in future.

 

Notes of Company Council Meeting No 53 3rd June 2015

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RMT confirms driver strike vote on Piccadilly Line

RMT confirms driver strike vote on Piccadilly Line over comprehensive breakdown in industrial relations

 

TUBE UNION RMT confirmed today that it is to ballot nearly 400 train operators across the Piccadilly Line for both strike action and action short of a strike over a comprehensive breakdown in industrial relations combining a range of issues. The ballot will open on 6th October and close on the 20th October.

 

The Piccadilly is the fourth busiest line on the London Underground network transporting an average of 600,000 passengers a day and services London’s Heathrow airport – the busiest airport in Europe.

 

The issues at the heart of the dispute involving the train operators include:

 

SPAD Management

 

Breaches of the agreed SPAD management processes. Issues of weak brakes on certain rolling stock units have not been taken into account in recent investigations with union members left facing spurious disciplinary procedures because of faulty rolling stock and because the Safety Critical errors procedure has not been fully adhered to.

 

Breaches of the Machinery of Negotiation

 

A number of local agreements are repeatedly ignored by a management which is instead intent on imposing unacceptable working practices on members.

 

Attendance Management

 

Members are targeted as a result of breaches of LUL’s attendance management policies, including the application of an arbitrary capability/rainbow attendance management scheme that is not incorporated into any of LUL’s policies and not written down. This is leading to members who are fit and at work being called into meetings where they are threatened with attendance improvement targets, which if not met may result in their termination of employment from LUL. The whole attendance process is flawed, agreed processes are ignored and requests for machinery meetings to address these issues have been refused.

 

Discipline at Work

 

A number of union members are currently subject to spurious disciplinary action, outside of the agreed disciplinary processes. The union is clear that the harsh and unjust treatment of members on the Piccadilly line amounts to a campaign of bullying, harassment and intimidation which is completely unacceptable.

 

Cockfosters Depot

 

A number of issues regarding the opening of Cockfosters Depot, including the familiarisation process and link & duty schedule issues are the subject of a failure to agree and remain unresolved due to unsatisfactory progress made during negotiations.

 

RMT General Secretary Mick Cash said:

 

“The wholesale abuse of procedures and agreements by management on the Piccadilly Line is rife and amounts to the development of a campaign of bullying, harassment and intimidation that the union will not allow to continue.

 

“The combined weight of these issues has built up to a comprehensive and fundamental collapse in industrial relations that the company have done nothing to address leaving RMT with no option but to ballot for both strike action and action short of a strike.

 

“The union remains available for talks.”

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LUL Night Tube and Pay Talks Update

The RMT and the other sister unions are returning to Acas on the 6th October for further talks with LUL. The talks mainly surround outstanding issues with service control and train drivers and the introduction of night tube.

The outstanding issue of the yearly pay rise is also due to be discussed as soon as night tube is finalised

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RMT EDUCATION PROGRAMME ACCREDITATION 2016.

To: All Branches & Regional Councils, Regional Organisers and Head Office Officers.

 

Dear Colleague

 

RMT EDUCATION PROGRAMME ACCREDITATION 2016.

 

The union has for almost 2 years had a ‘partnership’ agreement with Northern College, in particular a working relationship with the college Trade Union Education department. This arrangement has proved very beneficial to the Union in terms of advice and expertise drawn from the many years the College has been a Trade Union Education provider.

 

During this period it has also been possible to ‘accredit’ our own programme, which essentially allows our members completing courses at the Bob Crow National Education Centre to receive ‘academic awards’ that are of real value. It has also enabled us to have our individual courses properly tested against external assessment, provide quality training and ongoing support through tutor observations to our RMT Lay Tutors as well the ability to draw funding towards the cost of our education programme. This has been against a background of continuing attacks on education funding by the government that has beset Northern College and all other TU colleges. The funding situation for adult education generally is still precarious in the medium term.

 

In the current in-house review of each of our courses (ongoing) and changes to education funding again it has still been possible to devise a new and enhanced ‘reward’ system for our members going forward into 2016, which fits the requirements to continue with an accredited programme. In 2016 it is intended that three new levels of achievement will be available to members completing courses in Doncaster.

 

  1. An Award in RMT Trade Union Studies, provided for Workplace Reps Level 1
  2. A Certificate in RMT Trade Union Studies, provided for Workplace Reps Level 2 & 3, Branch Officials Level 1 & 2, and also for courses such as Pensions (5 days), Equality, and work is ongoing for to ensure each of our stand alone courses attract this certificate level.
  3. An Advanced Certificate in RMT Trade Union Studies, this will require the RMT member to complete the Advance Certificate Parts 1,2,3 & 4, covering, Representation, Organising, Communications, and Campaigning – over a period of time to suit them.

Those seeking to complete this Advanced programme should have completed the Workplace Reps Level 1 & 2 and/or Branch Officials Level 1 & 2, in previous years.

 

The Workplace Reps Intro course remains a vital starting place for all wanting to embark on a programme of education and training to contribute to the work of organising a strong RMT and representing our members. These Workplace Reps Intro courses should be run in all regions and the costs are met by Head office.

 

I hope you will welcome this development, for further information please contact the RMT National Education Officer at a.gilchrist@rmt.org.uk

 

 

Yours sincerely

 

Mick Cash

RMT General Secretary

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Serious about equality

RMT takes equal opportunities seriously.

 

This means listening to women, black and ethnic minority, lesbian, gay and bisexual and transgender members. We believe that everyone has the right to be treated with respect and dignity in the workplace.

RMT listens to its members and has three National Advisory Committees:

  • Black and Ethnic Minority Members’ Advisory Committee
  • Women’s Advisory Committee
  • LGBT Members’ Advisory Committee

 

Nominations are now being invited from Branches for all of the Advisory Committees for the next three year term, January 2016 – December 2018.

If you want to be nominated, contact your Branch Secretary for more details. Members do make a difference and by joining together, we can change things for the better.

 

Join us in our fight for equality – make your voice heard! Equality Matters

 

Poster for advisory committees 2016-2018

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RATES OF PAY & CONDITIONS OF SERVICE 2015 AND NIGHT RUNNING – LONDON UNDERGROUND

 

OFFICIAL CIRCULAR

 

TO ALL BRANCHES AND REPRESENTATIVES

ALL UNDERGROUND AND FORMER LT EMPLOYERS

 

 

 

23rd September 2015                                                          Circular No IR/224/15

 

Dear Colleagues,

 

RATES OF PAY & CONDITIONS OF SERVICE 2015 AND NIGHT RUNNING – LONDON UNDERGROUND (LUL/0001)

 

Further to my previous Circular (IR/211/15, 3rd September 2015), the General Grades Committee has taken the decision to keep this issue under review and has reiterated that we are still in dispute and will reinstate industrial action if and when necessary if our just demands on pay and Night Tube are not met.

 

I will keep you informed of all further developments.

 

EVERY JOB MATTERS – DEFENDING JOBS ON LONDON UNDERGROUND (LUL/14/5)

 

Further to my previous Circular (IR/211/15, 3rd September 2015), the General Grades Committee has taken the decision to keep this issue under review and has reiterated that we are still in dispute and will reinstate industrial action if and when necessary if our just demands are not met. Also, to launch a political campaign in tandem with the London Transport Regional Council and to seek a meeting with our Parliamentary Group to seek backing to reopen ticket offices and to reinstate lost jobs. We will be seeking support from candidates in the 2016 GLA and London Mayoral elections that they will pledge to reopen ticket offices and reinstate lost jobs on the Underground.

 

I will keep you informed of all further developments.

 

RE-GRADING OF WATERLOO & CITY LINE SERVICE CONTROL STAFF – LONDON UNDERGROUND (LUL/2/2)

 

Further to my previous Circular (IR/200/15, 20th August 2015) the ballot concluded with members’ voting as follows:-

 

Are you prepared to take strike action?

 

Total Votes Cast                3

Number Voting ‘Yes’           3

Number Voting ‘No’            0

Spoilt Papers                     0

 

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

 

Total Votes Cast                3

Number Voting ‘Yes’           3

Number Voting ‘No’            0

Spoilt Papers                     0

 

Having considered correspondence on file from our Lead Officer and Central Line East Branch Secretary after discussions with affected members, the General Grades Committee has taken the decision to call on all Waterloo & City Line Service Control members to take further strike action by NOT BOOKING ON for any shifts that commence between:-

 

  • 21:00 hours on Monday 28th September 2015 until 23:00 hours on Wednesday 30th September 2015.

 

LUL management must be clear by now on our legitimate and reasonable demand for re-grading and I have recently re-iterated that we will not accept an offer which is based on a change in members’ duties or which would cause a detriment to other members. Although LUL has declined our request for arbitration at ACAS, they are aware that as always we remain available for talks to resolve the dispute.

 

I will of course keep you advised of all further developments.

 

BREAKDOWN IN INDUSTRIAL RELATIONS – KEOLIS AMEY DOCKLANDS (DLR/14/2)

 

Further to my previous Circular (IR/211/15, 3rd September 2015), a report has been received from the Lead Officer who has discussed the issues with our DLR Branch Secretary and written to Keolis Amey Docklands to seek an urgent meeting with a view to resolving the serious issues at hand.

 

This matter has been considered by the General Grades Committee, which has instructed me to place the matter back before them when the Lead Officer has received a reply from KAD. I will of course keep you advised of all further developments.

 

Yours sincerely

Mick Cash

General Secretary

 

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