INTERNAL TRADE UNION DISCIPLINE

Union Disipline, Free Speech & Dissent? *
by Brian Bamford

PAUL EMBERY, has been a trade union member since he was 16, but Andrew Penman in the Daily Mirror on 27 JUN 2019 wrote that he:  'was kicked out after speaking in favour of Brexit at a Leave Means Leave rally.  The official policy of the FBU is to oppose leaving the EU.'

Paul, who represented the London region of the FBU on its national executive, seems to have paid a high price for publicly disagreeing.


Now the London Regional Committee has issued a statement saying his sacking from the national executive “is wrong and goes against the entire ethos of our union” and has demanded his immediate reinstatement.

'Having considered the evidence, it is clear to us that Paul has been debarred from office because of the content of a speech that he made at a pro-Brexit event organised by Leave Means Leave on the evening of 29 March 2019,' it wrote:
'People are, of course, free to agree or disagree with Paul's personal opinions on this and other matters, but the London Regional Committee recognises the right of all officials to hold and express political views that are not necessarily the views of the FBU.'

And it quoted the FBU general secretary Matt Wrack previously claiming to support free speech, saying:  'To address the huge challenges our movement faces today, we need to build a culture of debate and democracy which accepts that there will be different views and sharp difference of opinion. Democracy must include the right to express those differences.'

Andrew Penman writes:  'That sentiment does not seem to apply when it comes to his members who oppose the EU.'

To be consistent in its support of freedom Northern Voices supports this statement although I do prefer the remain option mainly because I identify with Europe as my eldest lad was born there in the 1960s.   I also believe that the UK will be drawn into the orbit of NAFTA and the USA if it is not inside the EU.

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*  INTERNAL UNION DISCIPLINE – EXECUTIVE COUNCIL MEMBER: BROTHER PAUL EMBERY

It is not usual for the Union to report matters in respect of an Internal Union Discipline case via an All Members’ circular, but I feel on this occasion it is necessary to provide some limited information in order to ensure that the members are provided with accurate details. This is because Head Office has been in receipt of a number of email communications from members, the content of which indicates that the material that has been circulated is resulting in a false perception of what transpired at the hearing.

An Executive Council-level Internal Union Discipline hearing took place on Wednesday 12 June 2019 to consider a report concerning Executive Council member Paul Embery, where the standard process of presentations and deliberations took place before decisions were made. Evidence in respect of six complaints was heard in accordance with the rules, over a period approaching 12 hours. The outcome was the award of a range of penalties in respect of a total of four complaints by the Executive Council. In the case of one of those complaints, it was resolved to award a debarment lasting two years.

As was explained when making this finding known to Brother Embery on 12 June, the rules allow for an appeal to the Union’s conference which may be an ordinary meeting or an especially recalled conference. It was made clear that the rules require that the sanction, i.e. the debarment, shall not be implemented until:-

• Either, where there is no appeal e.g. the date of the period for the appeal to be lodged has expired;
• Or, where an appeal is lodged, the outcome of the appeal has been determined.

Finally, it was made clear that the rules require that in the meantime, Brother Embery’s suspension from office, which took effect in May, shall remain in place until:-

• Either there is no appeal to be heard;
• Or, where an appeal has been lodged, the findings of the appeal have been determined.

The period for an appeal to be lodged is 14 days from the date on which the letter confirming the outcomes of the first hearing was sent to the Brother Embery.

This is a factual account.  We do not intend to make further comment.  We intend to respect the due confidentiality required by the process and indeed, Brother Embery has asked for such confidentiality to be observed.

Yours fraternally

ANDY DARK
Assistant General Secretary