TUC Motion on Illegal Corporate Bullying 2012: Final Version

Motion 15 - Illegal corporate bullying


Congress agrees the maintenance of secret lists of individuals or groups, (so-called 'blacklisting'), is illegal corporate bullying causing misery for individuals and their families.

Congress:

i condemns activities exposed in 2009 when the Information Commissioner’s Office raided the Consulting Association, which operated lists on behalf of over 40 UK companies including Carillion, Balfour Beatty, Mowlem, Laing O’Rourke and Wimpey, and maintained records on trade unionists, politicians, journalists, lawyers and academics.

ii agrees with Keith Ewing this was 'the worst human rights abuse in relation to workers' in the UK in 50 years

iii is alarmed that only a fraction of the 3,213 listed are aware of their inclusion

iv believes the ICO list is evidence of an endemic, systemic and deep-rooted culture

v agrees the level of wrong-doing and abuse exposed in the construction industry is equivalent to newspaper phone-hacking

vi welcomes assurances won by Labour MEPs from the European Commission on 'blacklisting' of trade union activists.

Building on the resolution agreed by Congress 2010, Congress instructs the General Council to:

a campaign to expose these illegal activities

b enable the ICO to reveal the names of the known victims of the Consulting Association

c call on politicians to bring social justice for the victims and their families

d encourage public bodies to review whether public contracts be awarded to companies involved in such activities

e call for a public enquiry on a par with the Leveson Inquiry and changes in the law to make “blacklisting” an imprisonable offence with unlimited fines for damages.

GMB

Amendment

» In paragraph 3, at end of sub-paragraph a, add: “including a day of action”

» Insert new sub-paragraph b and re-number subsequently:

'b campaign for stronger legal protection, including for agency workers'

» Add a new final sub-paragraph (g) at end:

“g support a complaint to the European Court of Human Rights on behalf of blacklisted workers in

respect of a breach of their Convention rights – Article 8 on privacy and Article 11 on freedom of association.”

UNITE

Amendment

» In paragraph 2, add new sub-paragraph vii:

“vii welcomes the attempt by Liberty to get the ICO to reopen an investigation into the construction companies involved in blacklisting. This could lead to criminal prosecutions, fines and enforcement notices.”

Union of Construction, Allied Trades and Technicians

Amendment

» Add final paragraph at end:

'Congress welcomes the recent intervention by Liberty which has written to the Information Commissioner accusing him of inaction over a privacy scandal it compares to phone hacking. Congress also welcomes and supports those blacklisted workers who have recently commenced legal action for damages against construction industry giant Sir Robert McAlpine.'

Transport Salaried Staffs’ Association