Showing posts with label Howard Beckett. Show all posts
Showing posts with label Howard Beckett. Show all posts

Sunday, 12 April 2020

Unions welcome Welsh social distancing rule

forwarded to NV by Joe Bailey
UNIONs have welcomed the decision by the Welsh Assembly to enforce new social distancing rules at work. Peter Hughes, Unite Wales regional secretary, said: “Unite in Wales applauds this move. We have been repeatedly raising our members' safety concerns during this health crisis, and airing our fears that some employers are not respecting the two metres distance, so it is good that the Welsh government is listening.”  He added: “We hope that employers will understand the intention behind this law and act now to take every possible step to keep workers safe at work, rather than wait to be hit by a fine. Unite will work with our members to promote this new law and with employers to ensure that they adhere to these new regulations.”    

Howard Beckett, Unite's assistant general secretary for legal affairs, added: “This law will send a clear signal to bosses that they are now required by law to put their workers’ safety first.  Our members are putting themselves on the line to keep public services and businesses functioning during these extraordinary times, so we say to employers, keep them safe, provide them with the protective and sanitation equipment they need, or find yourselves in legal conflict with Unite because we have vowed to do whatever it takes to keep our members safe.” 

Dan Shears, GMB health, safety and environment director, said many employers have been ignoring the 2-metre stipulation.  “Those companies will now need to fall into line or fear the consequences,” he said.  Nick Ireland, a divisional officer with the shopworkers’ union Usdaw, said:  “Our communities need shops, but we need to keep all workers in the food supply chain safe so they can stay open. So we are pleased that the Welsh government recognises the heroic efforts our members are making and have introduced these new social distancing rules.” David Evans, Wales secretary for the teaching union NEU Cymru, said “we would urge our members to stick as closely as possible to the 2-metre rule where practicable.  It will be difficult, but ultimately, we need to ensure educators and learners are as safe as possible, and of course we should continue to ensure that as few students and staff as possible are in school.”

***************************

Saturday, 2 March 2019

Unite aim to put blacklister in Court


RISKS Number 887:
RISKS is the TUC's weekly online bulletin for safety reps and others sponsored by Thompsons Solicitors.   Sign up to receive this bulletin every week.  Past issues are available. Disclaimer and Privacy Editor: Rory O'Neill of Hazards magazine.  Comments to the TUC at healthandsafety@tuc.org.uk. 
SENT TO NV by Joe Bailey:
A CONSTRUCTION boss who played a pivotal role in orchestrating a blacklisting scandal that targeted union safety activists will face the courts, the union Unite has pledged.   The union said it “is closing in” on Cullum McAlpine who it wants to account for his actions in court. Unite is taking fresh legal action on behalf of workers who were blacklisted by the Consulting Association.  Most of the major construction companies in the UK used the illegal service.   Unlike the previous court case which concluded in 2016, Unite says it will be seeking to ensure Cullum McAlpine, the original chair of the Consulting Association and a director of UK construction giant Sir Robert McAlpine, is required to give evidence in court under oath. The trial is set to begin on 4 June and could last for six weeks.

Unite assistant general secretary Howard Beckett said: “Unite is totally committed to ensuring that the key individuals behind blacklisting workers and ruining their lives as a result are required to account for their crimes in the public arena of a court.”   He added: “This is the minimum that the affected workers deserve.   They need to see those responsible in the dock and finally forced to account for their actions.   The forthcoming court case will finally ensure this will happen.”   

Unite assistant general secretary Gail Cartmail said: “There remain employers in construction and other industries who continue to believe it is somehow acceptable to engage in the disgusting and deceitful practice of blacklisting, to ruin people’s lives.  We are seeing blacklisting ‘outsourced’ to labour suppliers at the beck and call of large firms and acting as unaccountable instigators of union busting.  That’s why Unite is still fighting for justice for those who were previously affected but is also fighting to stamp out contemporary blacklisting.”


Wednesday, 19 September 2018

Blacklist Support Group

TUC Congress 

Last week, John McDonnell announced that a public inquiry into blacklisting would form part of the first Queen's Speech for an incoming Labour Government.  
More from the TUC Congress 
Righting working class miscarriages of Justice:
Working class miscarriages of justice:  Ensuring they never happen again chaired by Unite assistant general secretary Howard Beckett.  Speakers include: Sheila Coleman from the Hillsborough Justice Campaign, Chris Peace from Orgreave Truth and Justice Campaign, Dave Smith from the Blacklist Support Campaign, Campaign Opposing Police Surveillance (COPS) and Terry Renshaw from Shrewsbury Picket.
Major Morning Star Article at TUC congress on the need for a radical manifesto for employment rights - including a public inquiry into blacklisting. Lee Fowler representing. 

Spycops
Great article in the Daily Mirror on the Spycops inquiry 
Good luck to Kate Wilson in court on 3rd October exposing the human rights abuses of the undercover police officer Mark Kennedy
Major report published by Big Brother watch UK with article on blacklisting by Phil Chamberlain. John Bryan representing at the launch party. 

Labour Party Conference
Kier are to build the new County Council HQ. The 2 contractors bidding for City Council's historic Town Hall renovation are Laing O'Rourke & Lendlease. Why can't some Labour councillors understand the policy: No Public Contracts for firms?
Roy Bentham will represent the Blacklist Support Group at this session at the parallel The World Transformed conference to the Labour Party's.  
Haldane Fringe meeting 6pm, Monday 24th Sept - The miners strike and undercover policing (flyer attached)
Tackling the Housing Crisis meeting - Unite the Union Holborn - 6pm Thursday 27th September.  Speakers include: John McDonnell MP and blacklisted safety campaigner Tony O'Brien, whose book, 'Tackling the Housing Crisis', was published in July 
Carillon
BSG demonstrated at Royal Liverpool Hospital project when exposing Carillion back in 2015. There’s a public meeting over the embarrassing predicament the long from complete Hospital now finds itself. Roy Bentham will speak on behalf of the Blacklist Support Group. 

An independent review is being carried out into the impact of policing on affected communities in Scotland during the 1984 to 1985 miners' strike.

Launch of a major new oral history archive from post war construction workers covering building the new towns, the Southbank and the Barbican. Many blacklisted workers took part in the project. Prof. Linda Clarke (long time friend of the BSG) is the curator and project leader. 
10th October @ Bishopsgate Centre

BBC story - Suicide risk for construction workers is 3 times the male average. One of the main reasons is precarious work. Top work Simon Pantry for representing.

No toilets? Seriously? Crossrail is a multi-billion pound publicly funded project. But watch out if you complain about it - Skanska & Costain have form on blacklisting workers who speak up about their safety concerns.

Gary Doolan R.I.P.
Blacklist Support Group send our deepest condolences to the family and friends of Gary Doolan, National Political Officer for GMB who has passed away. Gary always fought our corner; standing with us on pickets, protests and at the High Court. Gary also got us private meetings in parliament which led to the Labour manifesto pledging a public inquiry into blacklisting (under Ed Milliband). In his role as Labour Councillor in Islington, he took the £16m a year housing maintenance contract away from Kier because of their role in the blacklisting scandal. All the workers were taken back in-house. Islington were the first local authority in the country to publicly take that step. This is what solidarity looks like and what our movement should aspire to. 
"There are times when doing the right thing is easy. There was no other way to deal with this, but to send a message loud and very clear to any contractor wishing to bid for work in our borough, in that those contractors who are guilty of blacklisting will be excluded from any tendering for work. Islington is the first local council that’s made this statement. If it’s right for one council to stand up for workers, it’s good enough for all the others to take the same stance. Perhaps that way blacklisting will finally be eradicated". Gary Doolan R.I.P.

Blacklist Support Group

Friday, 19 January 2018

'Deep Throat' Delivers Rebuke

Who Knew What About Carillion?

Editor:  The observations below appeared in a post on the Alan Wainwright Blog yesterday.  It makes serious claims that the characters named were aware of the situation regarding Carillion.  Northern Voices is not in a position to judge the validity of what Alan Wainwright is saying.  But we believe Mr. Wainwright ought to be listened to.  In 2007, Mr. Wainwright performed the role of the 'Deep Throat' in the context of the blacklist in the British building trade.  Without the help of the whistle-blower Wainwright, the blacklist would very likely never have been exposed.

www.alanwainwright.blogspot.com/2017/03/capenhurst.html

www.alanwainwright.blogspot.com/

Thursday, 18 January 2018:


CARILLION LIES - WHO KNEW AND DID NOTHING?

Theresa May, Greg Clark, Margot James - Government

John McDonnell - Land of Make Believe

Aidan Kehoe - Chief Executive Liverpool Royal Hospital

Board of Directors - Liverpool Football Club

Steve Rotheram MP 

Philip Green, Keith Cochrane, Steve Mogford, Andrew Dougal, Alison Horner, Ceri Powell - All Carillion

& many others
******
I was National Labour Manager at Carillion for seven years, reporting directly to the managing directors. With responsibility for around 2,500 mechanical and electrical operatives and a £60 million annual labour bill, I had access to key financial personnel and the relevant financials.

This post should be read in conjunction with the other Carillion Lies posts HERE.

As you will see from the three letters to Philip Green, Keith Cochrane and the other Carillion non-execs, John McDonnell was also copied in the correspondence and I have alerted both him directly and his team on many occasions to my concerns about Carillion.

McDonnell ignores me, as I continue to campaign to expose the trade union officials involved in the blacklisting, and current senior trade union leaders such as McCluskey, Cartmail and Beckett who ignore all the evidence I've presented to them about this and Unites cover up of the blacklisting back in 2006 to protect the millions they were receiving from the construction companies at the time, which is detailed HERE.

As no one was responding to the very serious concerns I was raising about Carillion, I asked my MP David Hanson to get involved and set out all the correspondence between him and Theresa May, Greg Clark, Margot James. No 10 and John McDonnell below.

David Hanson to Theresa May - 18 October 2016 (download link)

David Hanson write to the PM, highlighting my correspondence to Philip Green (and the other Carillion non-execs) and questioning his suitability to advise the PM on Corporate Social Responsibility. Theresa May punts this off to Greg Clark on 28 October 2016.

David Hanson to Greg Clark - 10 January 2017 (download link)

David Hanson follows this up with Greg Clark on 10 January 2017, as no response had been received to date.

Margot James to David Hanson - 22 February 2017 (download link)

Margot James responds on behalf of Clark, stating that Mr Green was appointed by the previous PM, David Cameron and that she had been advised by No10 that he no longer held the position.

David Hanson to Theresa May - 17 March 2017 (download link)

David Hanson writes to Theresa May highlighting further questions from me about Mr Green and steps taken to ensure he was suitable for the role as Special Adviser on Corporate Social Responsibility.

David Hanson to John McDonnell - 17 March 2017 (download link)

David Hanson writes to John McDonnell, highlighting my letters to him from January, March and April 2016 and asking what steps he had taken in relation to the concerns raised about Carillion.

McDonnell ignores him for months, so I ask David to chase this up, which he did. McDonnell eventually responds by email on 2 August 2017 stating: 
'In response to the correspondence from your constituent Mr Wainwright, I was working on the basis from his past correspondence that Mr Wainwright had expressed such a virulent lack of confidence in me that he was continuing to pursue his concerns via yourself as his constituency MP.'

McDonnell had been aware of the fact that Carillion had blatantly lied to the City, their clients, shareholders and employees, and a parliamentary select committee since January 2016 and his first response 18 months later is that?

The response didn't even make sense, as I only contacted David Hanson for help as McDonnell had been ignoring me all this time.

10 Downing Street to David Hanson - 13 June 2017 (download link)

Andrew Paterson responds to the above 17 March 2017 letter to Theresa May, but does not provide the information requested.

So everyone knew about Carillion Lies and the fact that Howson & Co were prepared to lie to their clients, shareholders and employees, and a parliamentary select committee, but nobody did anything about it.
******

Saturday, 18 November 2017

Court Win for Birmingham Bin Men

FOLLOWING a High Court decision supporting the Birmingham binmen in September. Birmingham City Council has had to withdraw the redundancy notices it had served on 113 binmen.  This was after a long 'Summer of Discontent' and a work-to-rule by the lads over job losses and pay cuts.

It is reported in his union's magazine Autumn issue Unite Works:'The shock redundancies came after Unite and the council agreed to an Acas deal with compromise on both sides - the coucil then reneged on the deal without warning, later prompting council leader John Clancy to resign.'

Now Howard Beckett, Unite's assistant general secretary, says:
'This judgement will be a huge relief to Birmingham bin workers, who in just a matter of weeks facing losing their job or pay cuts of up to £5,000 a year.'

MR. Beckett  called on Birmingham City Council Cheif Executive, Stella Manzie, to follow Mr. Clancy and stand down for her part in scuppering the Acas deal.

'{The High Court] ruling underlines that Unite will not shrink away from using all the tools at its disposal to defend its members and the services they deliver,' Beckett said.

'We urge the council to stop wasting further taxpayer's money in defending its dishourable actions and honour Acas deal which offers compromises on all sides and will settle this dispute once and for all.'

This dispute was caused by Birmingham Council trying to drop the grade 3 bin loader's job which would have left workers facing pay cuts of up to £5,000 to keep a position in the refuse service.

Friday, 25 August 2017

Bin strike victory protects ‘vital’ safety role

sent from former council worker & Unite member, Joe Bailey
UNITE has said last week’s victory in the long running Birmingham bins dispute has protected a vital safety role.  The union said that the city council had accepted the refuse workers’ case and restored the grade 3 jobs, which are responsible for safety at the rear of the refuse vehicles, leading to the suspension of the industrial action.  Unite said the union and the city council would hold further talks at the conciliation service Acas to resolve outstanding issues. 
Unite assistant general secretary Howard Beckett said: “We are very pleased that we have reached the stage where we can suspend the industrial action while we hold further talks about the future of the refuse service.”  He added: “The council has addressed our members’ concerns, including the safeguarding of the grade 3 post that is vital to the safety at the rear of the refuse vehicles. Unite also welcomes the fact that our suspended rep is now returning to work.” 
The vehicle safety risks to the public and refuse workers has led to the introduction of specific new laws in in the US.  Last year, New York State become the latest in the US to introduce a ‘slow down’ law to protect garbage workers.  Slow down laws had already been introduced in 11 other states over the last decade in response to distracted driving that has led to sometimes fatal incidents for refuse collection workers.

Monday, 9 May 2016

Blacklist: £200 million settlement victory

THE group litigation blacklist High Court trial originally scheduled to start today (Monday 9th May) has settled following last minute increased compensation offers by the 8 major construction companies at the heart of the scandal.  Additional offers were made to blacklisted workers represented by Unite the Union late on Friday.  A hastily called hearing will now take place on Wednesday 11th May at which a public apology and admissions about the firms involvement in the Consulting Association secret conspiracy will be read out in open court. 

The total figure for compensation paid out by the blacklisting firms is estimated at £50million with an additional £200 million worth of legal costs for the different legal teams involved. The defendants are: Balfour Beatty, Carillion, Costain, Kier, Laing O’Rourke, Sir Robert McAlpine, Skanska UK and VINCI - No doubt shareholders and non-executive directors will be asking questions about those responsible for this big hit to the bottom line.  

Dave Smith - secretary Blacklist Support Group commented:
'Despite all of the denials and attempts to cover up their secret conspiracy, the largest multinationals in the construction sector have been forced to to pay out millions in compensation.  Make no mistake, the High Court action is a historic victory for the trade union movement against the vicious face of free market capitalism.

The blacklist firms might have hoped that by buying their way out of a show trial, that the scandal that has disgraced an entire industry will go away: it won't.  Blacklisting is a human rights conspiracy against trade unionism by big business and shady anti-democratic political policing units within the British state. 

These fat cats and their friends in the police took food off of our children's table, causing years of family hardship.
We take this personally.  A few quid and a mealy mouthed apology is a long way from justice.  We intend to continue our fight to expose those who orchestrated and colluded with blacklisting.  In any civilized society, the wretches would be in jail by now.

Blacklist Support Group would like to pay tribute to all the legal teams who have taken us this
far, especially Guney Clark & Ryan solicitors who have been working with us since the blacklist
was discovered in 2009.  Without the ground breaking work by GCR, there would never have been any High Court litigation at all.'

High Court Photo-Opportunity
Blacklist Support Group 
9:15am Wednesday 11th May 


UNITE the Union press release: 
THE biggest 'blacklisting' scandal in UK construction industry history has seen the court case end in victory as 256 workers are set to receive more than £10 million in compensation.    Construction ‘blacklisting’ victory sees £10 million pay-out to 256 workers.
Unite, the country's biggest union, said today (Monday 9 May) that the pay-outs could range from £25,000 up to £200,000 per claimant, depending on such factors as the loss of income and the seriousness of the defamation.   
Unite’s determined legal stance last week resulted in a further £4 million for 97 of the 256 claimants, whose original compensation offers the union deemed inadequate. This brought the total compensation package to £10,435,000.   
Unite waged a five-year fight, following the election of Len McCluskey as general secretary of Unite, against household names, such as Sir Robert McAlpine Ltd and Balfour Beatty Engineering Services as well as more than 30 other firms, which were part of a blacklisting conspiracy that saw hundreds of workers lose those jobs and have their lives ruined for carrying out legitimate trade union activities, such as health and safety.   
At the centre of the scandal were the machinations of the secretive Consulting Association which was raided by the Information Commissioner in 2009.   
Today (Monday 9 May) Unite general secretary Len McCluskey said:
‘The massive scale of the agreed damages - more than £10 million - shows the gravity of the misdeeds of these major construction companies which created and used the Consulting Group
as a vehicle to enable them to blacklist trade unionists on behalf of more than 30 construction companies.   
‘The sums to be paid out go a considerable way to acknowledge the hurt, suffering and loss of income our members and their families have been through over many years.   
‘Under the agreement they can once more apply for jobs in the construction industry without fear of discrimination.   
'This settlement is a clear statement on behalf of the trade union movement that never again can such nefarious activities be allowed to happen against decent working people trying to earn an honest living in a tough industry.   
 ‘The message is clear that there can never be any hiding place for bosses in the construction and any other industry thinking of reverting to shameful blacklisting practices against committed trade unionists.’
Unite director of legal services Howard Beckett said:
‘Unite is proud to have fought right to the end to get the maximum we believed was possible against companies that had to be dragged kicking and screaming to make unprecedented admissions of guilt last October.
‘In addition to financial compensation, admissions of guilt and formal apologies, the companies have agreed, as a result of this litigation, to issue guidance to site managers to ensure blacklisting is not occurring on a local level and to ensure that Unite members receive no less favourable treatment for job applications, as a result of this litigation.  
‘However, what remains outstanding from the agreement is the legislative definition of blacklisting, as outlined in the Employment Relations Act 1999 (Blacklisting) Regulations 2010.
‘We view the secret vetting operation carried out by the Consulting Association as a blacklist, and hence in contravention of the Act. This is the core reason as to why these companies should be answerable to a public inquiry and why the Westminster and the devolved governments should continue to ask serious questions of these companies before they are engaged for public contracts.
‘Finally, Unite would like to thank its legal team – Anthony Hudson QC at Matrix; Ben Cooper, counsel at Old Square and Richard Arthur and his team at Thompsons Solicitors – who stood should to shoulder with the trade union movement during this lengthy - and ultimately victorious - landmark case.’


The Unite case centred on a number of key legal issues, including defamation, breaches of the 1988 Data Protection Act, conspiracy and misuse of private information.
 
Blacklist Support Group






Monday, 2 May 2016

Cullum McAlpine Coy About Going to Court


Blacklisting mastermind’ refuses to give evidence
Shaun Noble, Tuesday, April 12th, 2016
The alleged architect of the construction ‘blacklisting’ scandal, Cullum McAlpine, has declined to give evidence in the High Court case, due to start next month, to establish the extent of wrong-doing in the industry.

Unite condemned the decision by Cullum McAlpine not to take the witness box as ‘a further gross insult’ to the thousands of construction workers who have lost their jobs because of the machinations of the secretive Consulting Association and Services Group of the Economic League.

The revelations about Cullum  McAlpine, a director of Sir Robert McAlpine Ltd, came when the companies’ evidence was filed for the High Court  trial which is due to start on Monday May 9 – and is expected to last 11 weeks.

The complex multi-strand case will centre on a number of key legal issues, including defamation, breaches of the 1988 Data Protection Act, conspiracy and misuse of private information. The outcome of the trial will determine the level of compensation those ‘blacklisted’ may receive.

Unite is supporting the claims of about 290 construction workers for damages for years of lost income because they were ‘blacklisted’. The claims are against Sir Robert McAlpine Ltd, Balfour Beatty Engineering Services and more than 30 other firms.

Unite also pledged to challenge Sir Robert McAlpine Ltd every time that the company tenders for future public procurement contracts, unless Cullum McAlpine gives evidence at the High Court.

'Despite last October’s unprecedented admission of guilt by construction firms involved in blacklisting, those that masterminded this campaign of blacklisting are still twisting and turning to avoid appearing in court where the media and public will be present,' said Unite director of legal services Howard Beckett.

'It is Unite’s belief that that Cullum McAlpine, as founder chairman, was the key architect in the operation of the Consulting Association until it was raided by the Information Commissioner in 2009.

'The fact that he is refusing to give evidence to help bring closure for the suffering that our members and their families have endured is shaming.

'You judge the character of a person if they are prepared to stand up and defend their actions in open court – you don’t skulk in the legal twilight protected by a platoon of expensive City lawyers,' Beckett added.

'How can a company run by a man who hides from his victims and the justice system ever hope to convince ministers that they have learnt from the sins of the past and deserve to be involved in public procurement contracts.

'Unite says loud and clear to Cullum McAlpine: Turn up and give evidence or expect your dispute with us to go on long after this litigation has concluded. We will object at every turn to your company benefiting from public procurement contracts.

'It is only now after sustained legal action, with the support of Unite, that the lid is being finally lifted on a scandal which has ruined countless lives and led to hardship for many more,” Beckett noted.

'However, the stain of blacklisting won’t be removed until there is a full public inquiry and the livelihoods of the blacklisted are restored by the firms involved giving them a permanent job,' he added.

'Many Unite members, who are the victims of blacklisting, have rejected the employers’ financial offers. The employers make mention of headline figures in regard to their top offers, but the reality is that they continue to attempt to buy off the majority of claims with low offers.

'The employers need to understand that compensation is only one part of the blacklisting struggle and until the employers are prepared to issue unreserved admissions as to the practices they undertook, prepared to disclose all documentation they hold regarding the blacklist and show a willingness to positively intervene in favour of employing victims then the fight goes on.'

Sunday, 1 May 2016

Unite statement on 'blacklisting'


UNITE director of legal services, Howard Beckett said:
'Unite is continuing to litigate on behalf of those construction workers whose lives were ruined by the 'blacklisting' scandal.

 'Unite has issued a witness summons for Callum McAlpine, the alleged architect of 'blacklisting' and a named defendant, to give evidence at the High Court trial next month. He has, so far, steadfastly refused to give a statement in response to the serious allegations made against him.

 'Last October, the construction firms involved in blacklisting made an unprecedented admission of guilt and Unite intends to seek justice and compensation to the maximum extent on behalf of our members following those admissions.'

29/04/2016 | Press release | Distributed by Public on 29/04/2016 19:23  

Tuesday, 19 April 2016

Blacklisting: 'How far did this conspiracy go'?

THE BLACKLIST Support Group today announced that it intends to make a formal submission to the Metropolitan Police calling for an investigation into the destruction of documents and computer files by multinationals involved in the blacklisting scandal. 

High Court orders have resulted in retrieved computer records from construction firms only recently being disclosed to the lawyers of blacklisted workers. This previously hidden evidence indicates that computer hard drives were destroyed, email accounts were deleted and correspondence was shredded by companies appearing in the High Court litigation. 

Witness evidence and documents provided by Ian Kerr (chief executive of The Consulting Association) to a Select Committee investigation indicate that over 90% of the paperwork held by the blacklisting body was burnt on a bonfire and instructions were given to destroy other evidence. The destruction of the documents and computer files occurred at the same time as the ICO was carrying out an investigation, a criminal trial was taking place, hundreds of Employment Tribunal cases were still live, cases were submitted to the European Court of Human Rights and a High Court group litigation trial was being prepared. 

Now the newly disclosed evidence is available to blacklisted workers, it is felt that there is a strong case that the course of justice may have been deliberately perverted. A dossier is being compiled for legal opinion before considering pressing for the DPP to charge individuals involved with the Consulting Association and possibly the CEOs who sanctioned their illegal activity.  Perverting the course of justice is an indictable criminal offence without statute of limitations. If a person is found guilty of concealing evidence sentencing guidelines suggest a two year term of imprisonment.   

Dave Smith - the Blacklist Support Group secretary commented: 
'The pieces in the jigsaw are now coming together, albeit many are lost forever. The stench of corporate wrongdoing is no longer a moral issue but potentially a serious criminal offence. We will be doing everything in our power to make sure the police and the DPP take this matter seriously. The rich and powerful may think they are above the law but blacklisting will not be covered up like Saville was. Whatever the outcome in the High Court, our dossier will be handed into the police. If senior individuals gave orders or knowingly colluded in destroying documents that anyone could have predicted would undoubtedly have been used as evidence in numerous legal proceedings, they need to be held to account for their actions.' 

Howard Beckett Legal Director at Unite said: 
'The reason given by the defendants for poor disclosure is to openly admit to a corporate policy of ensuring the destruction of documents.  Their attempts to deny meaningful levels of compensation and to deny conspiracy allegations rely upon the lack of records.  Multiple legal cases became inevitable the very day that the Consulting Association was established, let alone the day it was raided.  People clearly felt their actions were unlawful, why else the secrecy and why else routinely destroy documents.  The Consulting Association was a secret conspiracy and Cullum McAlpine, a named defendant was at the core of it.  McAlpine is determined to avoid giving evidence at the High Court but for the sake of justice, he needs to now confirm he will appear to finally allow the victims of blacklisting to ask how far this conspiracy goes.'


Monday, 18 April 2016

UNITE Report on Cullum McAlpine!


‘Blacklisting mastermind’ refuses to give evidence
Shaun Noble, Tuesday, April 12th, 2016
THE alleged architect of the construction ‘blacklisting’ scandal, Cullum McAlpine, has declined to give evidence in the High Court case, due to start next month, to establish the extent of wrong-doing in the industry.

Unite condemned the decision by Cullum McAlpine not to take the witness box as ‘a further gross insult’ to the thousands of construction workers who have lost their jobs because of the machinations of the secretive Consulting Association and Services Group of the Economic League.

The revelations about Cullum  McAlpine, a director of Sir Robert McAlpine Ltd, came when the companies’ evidence was filed for the High Court  trial which is due to start on Monday May 9 – and is expected to last 11 weeks.

The complex multi-strand case will centre on a number of key legal issues, including defamation, breaches of the 1988 Data Protection Act, conspiracy and misuse of private information. The outcome of the trial will determine the level of compensation those ‘blacklisted’ may receive.

Unite is supporting the claims of about 290 construction workers for damages for years of lost income because they were ‘blacklisted’. The claims are against Sir Robert McAlpine Ltd, Balfour Beatty Engineering Services and more than 30 other firms.

Unite also pledged to challenge Sir Robert McAlpine Ltd every time that the company tenders for future public procurement contracts, unless Cullum McAlpine gives evidence at the High Court.
 
'Despite last October’s unprecedented admission of guilt by construction firms involved in blacklisting, those that masterminded this campaign of blacklisting are still twisting and turning to avoid appearing in court where the media and public will be present,' said Unite director of legal services Howard Beckett.
 
'It is Unite’s belief that that Cullum McAlpine, as founder chairman, was the key architect in the operation of the Consulting Association until it was raided by the Information Commissioner in 2009.
 
'The fact that he is refusing to give evidence to help bring closure for the suffering that our members and their families have endured is shaming.
 
'You judge the character of a person if they are prepared to stand up and defend their actions in open court – you don’t skulk in the legal twilight protected by a platoon of expensive City lawyers,'
Beckett added.
 
'How can a company run by a man who hides from his victims and the justice system ever hope to convince ministers that they have learnt from the sins of the past and deserve to be involved in public procurement contracts.
 
'Unite says loud and clear to Cullum McAlpine: Turn up and give evidence or expect your dispute with us to go on long after this litigation has concluded. We will object at every turn to your company benefiting from public procurement contracts.
 
'It is only now after sustained legal action, with the support of Unite, that the lid is being finally lifted on a scandal which has ruined countless lives and led to hardship for many more,” Beckett noted.
 
'However, the stain of blacklisting won’t be removed until there is a full public inquiry and the livelihoods of the blacklisted are restored by the firms involved giving them a permanent job,” he added.
 
'Many Unite members, who are the victims of blacklisting, have rejected the employers’ financial offers. The employers make mention of headline figures in regard to their top offers, but the reality is that they continue to attempt to buy off the majority of claims with low offers.
 
'The employers need to understand that compensation is only one part of the blacklisting struggle and until the employers are prepared to issue unreserved admissions as to the practices they undertook, prepared to disclose all documentation they hold regarding the blacklist and show a willingness to positively intervene in favour of employing victims then the fight goes on.'

 

Monday, 4 April 2016

Mystery of Computer Blacklist File


THE computer used by the illegal blacklisting organisation The Consulting Association (TCA) has dramatically been found after being 'lost' of more than 7 years. The PC was seized during the Information Commissioners' Office raid in 2009 but unbelievably the ICO returned the computer to Ian Kerr, chief executive of the blacklisting body without even turning it on to analyse it. The government department believed they had enough evidence for a conviction but their actions were subsequently roundly condemned by MPs during a Select Committee investigation into the systematic victimsation of union members in the construction industry.

According to Kerr, once the PC had been returned, it was destroyed along with all the data on it. But this has now turned out to be incorrect. During research for his book 'Blacklisted: the secret war between big business and union activists', investigative journalist Phil Chamberlain acquired the PC from the one time TCA book keeper Mary Kerr, who is set to be a witness in the imminent High Court blacklisting trial.

Phil Chamberlain commented: 
'The Consulting Association and the construction industry went to great lengths to keep their operation secret but we've gone to even greater lengths to gather evidence of their activities. It was only at the end of hours of interviews at her home that Mary Kerr mentioned a computer stored in her garage. I hadn't expected to be driving home with that in the boot of my car. Despite their best efforts, the secrets of the construction industry blacklist are being dragged into the light. Investigative journalism should and can change the public discourse but it often relies on persistence and lucky breaks.'

Apart from one letter chasing an unpaid invoice, all of the documents relating to the blacklisting operation have been deleted from the computer. The hard drive from the PC is now undergoing expert forensic computer examination to discover if previously deleted emails, word documents and spreadsheets can be recovered from hidden historical archives and ghost files. Any retrieved documents would then be used as evidence in the High Court. Sir Robert McAlpine Ltd, Balfour Beatty, Carillion, Costain, Skanska, Kier, Vinci and Laing O’Rourke are the defendants in the trial.

The rediscovery of the computer has the potential to blown apart the wall of secrecy surrounding the blacklisting conspiracy.  Despite numerous Court Orders, the blacklisting firms have repeatedly failed to disclose documents and in some cases the High Court has been told about evidence being deliberately destroyed. Not a single set of minutes from 16 years of TCA meetings have so far been disclosed. Not a single letter or email to or from Cullum McAlpine, the founding chairman of the blacklist conspiracy has been disclosed to the court. In a few days, the entire cover up may start to fall apart at the seams.

Howard Beckett, Legal Director at Unite the Union said: 
'These defendants openly admit to the destruction of documents. Their attempts to deny meaningful levels of compensation and to deny conspiracy allegations rely upon the lack of records. This discovery allows the victims legal teams to further explore the possibility that undisclosed documents still exist showing the true extent of those involved in the disgraceful practice of blacklisting.'

The hard drive also has the potential to shed further light on the involvement of the police in the human rights scandal. In 2008, Detective Chief Inspector Gordon Mills from the National Extremism Tactical Coordination Unit (NETCU), one of the infamous and now disbanded police political surveillance units gave a PowerPoint presentation to senior managers and company directors at a TCA meeting in Oxfordshire. Ian Kerr claimed that a 'two way exchange of information' was established following the secret meeting. Both the police and the companies claim that no correspondence whatsoever relating to this meeting exists.   

Dave Smith, BSG secretary and core participant in the Pitchford inquiry into undercover policing commented: 

'Its like Indiana Jones finding the Lost Ark. No one knows what secrets might be locked away inside but if you're one of the bad guys, you might want to keep your eyes closed.  Lots of people involved in the blacklisting conspiracy will be having sleepness nights worrying what is about to come out. My heart bleeds for them.' 

Next Blacklisting High Court hearing Thursday 7th April Royal Courts of Justice, The Strand

Photo-opportunity with blacklisted workers at: 9;15am


'Blacklisted: the secret war between big business and union activists' has been shortlisted for the Bread & Roses Book Award . 



Blacklist Support Group: 



facebook: http://www.facebook.com/groups/blacklistSG/

Tuesday, 20 January 2015

Liverpool TUC & the Blacklist

Unite's Gail Cartmail & the Northern Narative!

'Boys on the Blacklist' talk given by
Brian Bamford, Secretary of Tameside TUC,
to Liverpool TUC on the 19th, January 2015:
 
I first met the 'Boys on the Blacklist' in Manchester's Piccadilly Square one afternoon on a picket during the DAF DISPUTE in 2003.  

At that time I was on a mission to give them a cheque for all of £10 from Tameside TUC.
I didn't know then, what we all know now, that this would lead the most significant industrial struggles of this century so far.   

The battle against the blacklist in the BRITISH building trade began in there Manchester Piccadilly, in 2003.   There in 2003, in both Manchester Piccadilly and later on in the pickets in Crown Square near the Law courts was where it all began. 
 
None of us knew where all this would end up!

 Soon after these early pickets was when at the Manchester Employment Tribunal that Michael Fahey, a manager for the sub-contractor DAF Electricial Contractors PLC, famously declared:
'AMICUS IS OUR UNION!'
 
 Bringing the natural response from the union barrister:
'YOUR UNION, MR FAHEY?'

 'YES' ,  he says, 'We pay the union dues!'

 Thus  the boss of DAF Electrical Contractors PLC pays the union affiliations for his own workforce on site.
 
When Michael Fahey said:  'IT'S OUR UNION'   

 That was a signal, the vital signal that something is anmiss in the culture of labour relations on the British building sites.  

Sometime in 2004, on a picket in Crown Square, while standing with the electrician Sean Keaveney I took a photo of Dave Fahey, the senior boss or managing director of DAF. 
 
The photo I took of Mr. Fahey was later to appear in this small booklet entitled 'Locked-Out Manchester Electricians' published by Tameside TUC.  This pamphlet was financially backed by the Greater Manchester Fire Brigades Union; Tameside TUC; Manchester Social Forum; Oldham Trades Council; the North West TUC, the Greater Manchester County Associatioon of TUCs and the regional journal Northern Voices.

In this booklet over a decade ago we stated that: 
'it aims  to capture the essence of /// a small but important dispute:    The Manchester Lockout of the DAF electricians.'
and in our conclusion, at that time in 2004, we stated an analysis that was very different from that that we are proposing today in the 'Boys on the Blacklist'
 

'it aims to capture the essence of ///  a small but important dispute':  /// 

In the 'Locked-out Electricians' we simply concluded that the dispute was '...important because it reflects a decline in the standards of workmanship in Britain by bringing in semi-skilled workers to do skilled work [producing] a willingness to run risks with safety at work through cutting corners and casualisation.'
 
What has happened here is, that in just over a decade, a dispute that kicked-off with health and safety issues on the British building sites, and cheap labour on British building sites, has clearly moved on to something much more significant.

With this new book I think that we have now come to realise that we're up against something very much more radical; and fundemental than health and safety or cheap labour however important these issues are.  Now in this later book the 'Boys on the Blacklist' I think we now know that we're up against something more serious, and that in dealing with the affiliates of the Consulting Assocaition we have seen a culture, a spirit of capital, that both red raw in tooth and claw.

There are two areas of serious concern which are alluded to in both these books - the 'Manchester Locked-out Electricians' and the 'Boys on the Blacklist'.  Both deal with what are for all of us trade unionists two serious matters, but neither resolve the two problems:

PROBLEM 1.    TO WHAT EXTENT WERE FULL-TIME TRADE UNION OFFICIALS INVOLVED IN EITHER PROVIDING INTELLEGENCE OR ENFORCING THE BUILDING SITE BLACKLIST? 

This has been alleged many times by lads in the building trade & some names has been put forward.  The whistle-blower & Agency manager Jim Simms has argued that this was the case but when I met him while we were producing this book he didn't provide us with a smoking gun.

In our earlier book 'The Lock-out Electricians' an academic Dave White, then working at Leeds University wrote:
'In the Manchester DAF dispute, workers have evidence that Amicus officials sanctioned their sacking in order to preserve good relations with management.'

At the time of the Manchester Employment Tribunal hearing in 2003, I believe one Amicus official was named as being present at meetings that excluded certain electricians from the CROWN SQUARE site.

PROBLEM 2.   WHAT ABOUT THE CLAIM // THAT AMICUS WAS /// FOR YEARS INREIPT OF UNION DUES FROM THE CONTRACTING COMPANIES?

Over this there has been strong evidence and convincing claims from another whistle-blower called Alan Wainwright:  I think he told Gail Cartmail, Deputy General Secretary of UNite, that the company Carillion paid AMICU £100,000 a year in union dues. 

When, while researching this latest pamphlet we came to read GAIL CARTMAIL'S own report on blacklisting produced for UNITE in 2011; we found that she hadn't even interviewed  ALAN WAINWRIGHT//

We naturally asked her while producing this book  WHY SHE HADN'T BOTHERED to interview such an important witness:  We are still waiting for her answer.
 
BUT GAIL CARTMAIL HAS FOUND TIME TO E-MAIL SOME OF HER COLLEAGUES and

ON THE 5th, November 2014, about 2 weeks after the 'BOYS ON THE BLACKLIST' went on sale.  GAIL CARTMAIL an e-mail to the Unite head of legal services, Howard Becket, and several of her senior colleagues.  This e-mail was leaked to us at tameside TUC and reads as follows: 

'Colleagues, 

'PLEASE BE AWARE MATERIAL IN THIS PUBLICATION WAS PUBLISHED WITHOUT AGREEMENT and I BELIEVE BREACHES THE TUC POLICY ON FUNDING TRADES COUNCIL PROJECTS.   

'WE HAVE REITERATED THAT ONLY AN INDEPENDENT PUBLIC INQUIRY INTO BLACKLISTING WITH THE POWER TO FORENSICALLY ANALYSIS EVIDENCE & TAKE WITNESS STATEMENTS & CROSS EXAMINE UNDER OATH WILL REVEAL THE TRUTH ABOUT THE SCANDAL OF BLACKLISTING - LABOUR HAS COMMITTED TO THIS  & IN THE MEANTIME, WELL INTENTIONED BUT AMATEUR EFFORTS ARE JUST THAT,   AMATEUR & POTENTIALLY SELF-DEFEATING. 

CONTACT ME IF YOU WISH TO DISCUSS.   

AND BY THE WAY THERE WERE 'GIRLS' ON THE BLACKLIST TOO -  EVERYDAY SEXISM.'

THANKS,  GAIL.
 _____________________________________

So there you go comrades!  & that you know that we're 'EVERYDAY SEXISTS!'

I'll bet somebody got his or her arse chewed when Gail found out that her e-mail had been leaked to us.

What's interesting here is that Gail Cartmail didn't really want to dig the dirt on AMICUS  and full-time officials who may have been involved in the blacklist.  She just wants to hand the problem over to a future Labour Government.  The last thing she wants to do is to say the Emperor has no clothes.  Of course, Gail talks of an 'independent public inquiry' into blacklisting but how can it be genuinely independent when the biggest donor to the Labour Party is Unite the Union