RE: TRADE UNION BILL

RE: TRADE UNION BILL  

The Government published its Trade Union Reform Bill on 15th July 2015, which set out a series of changes to the laws applying to Trade Unions in the UK. It has also launched two consultations on further reforms it is proposing to bring forward (by other legislative means) alongside the Bill.  

 

This LTB is to update Branches on the details of the proposed changes and to outline the NEC’s initial strategy for campaigning against the bill. Attached to this LTB in hard copy is a booklet which contains three briefing papers from the CWU Research Department, TUC and TULO. The Trade Union Bill and the briefing documents can viewed on the Union’s website and can be accessed via the following: – http://www.cwu.org/tradeUnionbill.html

 

The Government’s Proposals

 

Taken together it is clear that the proposed reforms represent a very significant attack on our movement and includes wide ranging measures to reduce the influence and freedoms of UK Trade Unions and our rights to organise collectively.

 

The Reforms also constitute a significant restriction on civil liberties and the rights of individuals that are generally taken for granted in a modern democracy.

 

The key changes in the Bill are as follows:

 

1. A 50% turnout requirement for industrial action ballots.

 

2. An additional requirement in ‘important public services’ for 40% of those balloted to vote in favour of industrial action.

 

3. A requirement to re-ballot for industrial action every four months in longer disputes.

 

4. Requirements for greater information to be included on ballot papers including a description of the dispute, the expected timetable for action and the form of action-short-of-a-strike being proposed.

 

5. A 14-day notice period for industrial action (replacing the existing 7 day period).

 

6. Upgrading restrictions on from the Code of Practice on picketing into legal requirements on Unions, meaning a failure to comply will leave a Union open to an injunction or liability for damages.

 

7. A requirement for members to expressly opt-in to paying into a Union’s political fund every five years.

 

8. Limits on facility time for Unions in the public sector.

 

9. Increased reporting requirements to the Certification Officer and new powers for it to investigate trade Unions and impose financial penalties.

 

The key issues being consulted on by the Government are:

 

1. A proposal to remove the ban on the use of agency workers in place of striking workers during industrial action.

 

2. A proposal to create a new criminal offence of intimidation for workers on picket lines.

 

3. A proposal to require Unions to report in advance their plans for picketing and running social media campaigns on industrial action to employers and the police.

 

Although the specific impact of the threshold reforms would not have made a difference to the validity of the majority of CWU ballots conducted in recent years, this will clearly be an important factor in holding and conducting ballots for the Union in the future.

 

Furthermore, whilst the threshold issue has dominated much of the media scrutiny of the Bill thus far, it is the combined impact of all the changes that will definitely restrict all Unions’ ability to stand up for workers, completely undermine collective bargaining and increase both the financial and administrative pressures on our movement.

 

The second reading of the Bill is expected to be in October and the consultations (running to a shortened timetable) close in September. The campaign against this therefore needs to get underway quickly and the CWU will play a full part in it. This commenced with a major public meeting on Wednesday 29th July with numerous organisations coming together under the banner of “Kill the Bill”. The meeting was very well attended and as General Secretary I spoke in support of the campaign.

 

The NEC has agreed to campaign against the proposals by all means necessary and to co-ordinate effectively with other Unions and the TUC. We will be publishing details soon of a TUC demonstration on Sunday 4th October at the Conservative Party Conference in Manchester and we will expect all Branches to attend this rally. The TUC are also organising a mass lobby of Parliament for the Bill’s report stage on the 2nd November.  

 

There is no doubt that if we want to change the balance of forces in the world of work and wider society, then the Union movement must now come together and mobilise workers in both its opposition to this Bill, but also in making a positive case for new workers’ rights and solidarity amongst working people throughout the country. This campaigning approach is reflected in a CWU Motion submitted to this year’s TUC Congress on reasserting Trade Union values in society, a copy of which is also attached.

 

Further information will be issued and we would ask Branches for your full participation and support in any campaign activities in the coming weeks and months. Branches are asked to familiarise themselves with the briefing document booklet and to circulate copies (or the link) above to their Branch representatives.

 

If you have any enquiries on this LTB, these should be addressed to the General Secretary’s Office at gsoffice@cwu.org quoting the reference GS1.3/LTB 506/15.

 

Yours sincerely

​​​ ​​

 

Dave Ward​​​​​​

General Secretary

TUC MOTION 2015

 

 

1. Reasserting trade union values in society

 

Congress agrees that in the aftermath of the general election it has never been more important for the TUC to come together and re-assert trade union values in society.

 

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.

 

With the proposed anti-trade union laws, and welfare and public spending cuts that will hit the poorest hardest, we cannot sit back in the hope that a new government will come around to our way of thinking in five years’ time.

 

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

 

– a joint campaign against anti-trade union laws;

– the development of a workers’ charter, pursued by every trade union signing up to a co-ordinated collective bargaining approach;

– a co-ordinated day of action; and a programme of ongoing action.

– a national campaign engaging working people and a wider coalition of groups to redress the balance of forces in society and the workplace.

 

Congress agrees that the General Council should prepare a report outlining this strategy for a special TUC Conference by March 2016.