‘Automatic' union recognition is here at last. But all the signs are it is far from automatic'.

The much-heralded legislation giving unions the right to force employers to negotiate over hours and conditions is now in force. But, as so often is the case with New Labour, it doesn't add up to much.

The legislation is modelled on US labour laws and has not prevented union membership plummeting to below 18% of the workforce. To make sure it stays that way, bosses in the UK have been learning from US ‘experts' on how to confront workers to keep unions out of the workplace. UK legal firm Eversheds has been prompted to put on a nationwide roadshow tour, aimed at providing precisely this advice to employers. Meanwhile, PTI Labour Research, an anti-trade union US consultancy firm, have stated that they have held meetings with a number of legal firms interested in union busting work.

The legislation itself is complex and places a number of hurdles that must be overcome before union recognition can be granted. Firms that employ less than 21 workers are excluded from the act. Such small companies are often the most exploitative in terms of pay, conditions and safety. For larger firms, even when a clear majority of the workforce are union members, a ballot must take place. For automatic recognition, the result must be a claer majority in favour, with at least 40% of all those entitled to vote backing union recognition (-if political elections were undertaken on this basis, Labour would have failed at the last election, despite their huge ‘majority'!) If the employers then refuse to accept automatic union recognition, then the Central Arbitration Committee (CAC) can (and theoretically should) impose collective bargaining methods on them.

The government hopes that unions and employers will reach agreements prior to the involvement of the CAC. Even when the CAC is involved, time is allocated at each stage of the process to encourage early CAC-assisted agreement. In most cases, the likely outcome is that union leaders and management will reach a deal over the heads of the workers themselves, with very little worker involvement.

This need not happen. The act can be used as a cover for establishing the framework for effective future workplace organisation. The process of recruitment and the meeting allowed under the Act in the run-up to the ballot can be used to establish the democratic principles of a new type of union organisation - one run by the workers and not the union leaders. In order to do so, it is crucial that workers keep control of the recognition process, especially the size and the nature of the bargaining unit.

The Act gives considerable scope as to what form the bargaining unit can take. It has only to consist of a definable group, for example, it can consist of all hourly paid workers, or those in certain grades or departments. Workers should collectively restrict the bargaining unit to those who are interested in union organisation based on worker participation. Setting up for direct democracy at the start will prevent union organisation being made up of an apathetic paper membership in the future.

Floplast bosses show their true colours

Management at Floplast in Bobbing, Kent responded to moves by the workforce to get recognition under the 50% rule by promptly sacking 6 people. Since the new legislation came into force, employers in Britain have been employing law firms to get advice on union busting and intimidating workers. If Floplast get away with it, other bosses will follow suit.

So, send support/solidarity and get action details;
Floplast Workers C/O GPMU Kent Branch, 155 London Rd, Sittingbourne, Kent ME10 1PA
Telephone: 01795 423 993 Fax: 01795 471 791
Email: dannym@gpmukent.demon.co.uk
Also, let Floplast Operations manager Derek Bartrip know what you think - Fax him on 01795 431 188

Casualisation Kills

Simon Jones was killed in April 1998 as a casual worker at Shoreham dock. A student, he was forced to take the job after threats from the dole, and was decapitated within hours of starting work. He had received no training, nor had the employment agency who hired him checked that the job was safe - as required by health and safety law. The Simon Jones Memorial Campaign is fighting against such injustices happening again in the future. See www.simonjones.org.uk. Stickers, posters and a campaign video are available for a donation; cheques should be sent to Simon Jones Memorial Campaign, PO Box 2600, Brighton BN2 2DX
 

Power Threats

Scottish Power, Britain's biggest energy group, have withdrawn their threat to axe 450 jobs in the face of threatened strike action. Candle sales have plumetted. D. Rooney, AEEU energy officer commented on the bosses' climbdown: "This is a victory for common sense. We have avoided confrontation and now have an opportunity to work with the company in partnership". Trust the union to snatch defeat from the jaws of victory.
 

Cheap labour

North Ayrshire Council has a website which proclaims us to “invest in North Ayrshire”. Fairly standard stuff, until the bit which boasts that workers in the area get paid a full 12% less than the national average. The low wages are described as one of the key attractions of the area. Especially for businesses looking for cheap labour, apparently. Yes, you guessed, North Ayrshire is a solid Labour Council.
 

Women Strike Back

Women's groups in Spain are trying to get a book by one of Spain's foremost Muslim leaders banned. In “Women in Islam”, by Mohamed Kemal Mostafa, instructions are given as to how men can beat their wives without leaving any external marks. Translations into Arabic and English are planned. Prepare for 8th March 2001 - strike for a world which values all women's work & all women's lives, an end to no pay, low pay & too much work. Called & co-ordinated by the International Wages for Housework Campaign, Crossroads Women's Centre, 230a Kentish Town Road, London NW5 2AB Website: http://womenstrike8m.server101.com
 

Unequal Opps

After 30 years of equal pay legislation, pay is anything but equal. The average gap between full-time male and female workers stands at 20%, while that between part-time workers is over 40%. It is the part-time, casual, manual women workers who have been left furthest behind. Worse, the statistics do not take into account the many areas of low-paid work types dominated by women workers. For example, cleaners are the lowest paid workers in Britain, and they are mainly women.

I work in a textile factory that employs around 30 workers. We have complained to management about low temperatures, the lack of heating and poor ventilation but they ignore us and have threatened to victimise some workers. Some of us are members of a union, but there is no recognition. What are our options?

Whether you are in a recognised union or not, the first step for dealing with a health and safety issue is to establish what the problem is and how it is affecting workers. The best way to do this is for as many workers as possible to meet together to talk about the problems. The boss may immediately try and victimise any workers involved. Decide what, where and how to meet to get organised. Consider what contact you want with the union, if any.

In law, you are protected from dismissal for Health and Safety issues. But this can be difficult to prove in an industrial tribunal (and will realistically only get you financial compensation, and not get you your job back). So your only real protection is for workers to all stick together in what you agree to do. Also, document everything for use in a future tribunal, if necessary.

If workers lack confidence to get together, you could sort out some relevant health and safety information, with some suggestions about actions workers could take, and circulate a few copies anonymously (the Solidarity Federation's new pamphlet “Health and Safety at Work” has info to help with this - available from Catalyst for £1.50). This will probably get people talking. Once the first few people are interested, others may get a bit more confidence to come forward and speak up. And then you can start looking at what action you can take.

Health and safety information can also be documented through questionnaire, inspection, or “unofficial” documentation by means of a diary or record book, depending on your situation. You can get model questionnaires or suggested checklists for inspections from most unions. Your own union (I would guess you are in the Transport and General Workers Union) will have information on this, plus staff who can advise on health and safety issues. Or you can devise your own. Inspections don't have to be just going round ticking a clipboard - they could involve simply taking statements from workers about a particular problem, and how it is affecting them.

The next step is to find out what your boss should be doing about it. The Labour Research Department (78 Blackfriars Road, London SE1 8HF; tel: 020 7928 3649) is a vital source of information. They produce a monthly magazine and regular pamphlets on health and safety, etc. They also have a list of local resources/hazard centres up and down the country. Your local SolFed group can also help (contact Catalyst or write to SF, PO Box 1681, London N8 7DN).

It's workers that are the experts about what is unsafe or unhealthy, and we can collectively force the boss to implement health and safety improvements - by well-chosen direct action.

Write to catalyst for a full & frank answer to a problem at work. Or contact the ansaphone helpline for advice - 0161 232 7889

Plus:
-Feel free to send your snippets, news and views to Catalyst
-Write to make contact with others in your type of work, and for details of doing local actions with like-minded people

Catalyst, SF, PO Box 29, SW PDO, Manchester M15 5HW