Unite's Len McCluskey & the lucrative libel lawyers

THE current PRIVATE EYE's TUC NEWS column reminded the Unite union's membership of 1.1m that though they may be worried for their jobs or in fear of Covid-19, their union is assuring the libel lawyers that they can count on bounteous harvest of refreshers following the lucrative case of Turley v Unite the Union.  Totting-up the costs of the trial which took up 7-days of court time, legal experts have told Private Eye 'the premium would be around £200,000' and the 'final bill to its luckless members members [of Unite] may be not far short of £2m.'

The Eye concludes:  'London's libel lawyers won't be going hungry any time soon.'  


However, only last January Ms Anna Turley was claiming on twitter that:

'Unite and Skwawkbox have failed to pay the damages and costs following my libel trial last month as ordered by the court. My solicitors are starting enforcement proceedings in the morning.' pic.twitter.com/pS8wpwIekF

— Anna Turley (@annaturley) January 16, 2020

At that time Guido Fawkes reported these developments on his Blog:
'In the latest development, the former MP has published a letter from her solicitors declaring given Unite’s failure to pay up, “The only conclusion we can draw is that your clients have deliberately chosen to cause further distress to Ms Turley or they are incompetent. Which is it?”, going on to say'

“We have prepared enforcement papers that will permit bailiffs to attend at your clinets’ premises to enforce the two final judgements. We shall issue these when the Court opens on Monday morning if the full judgement debts, together with ongoing interest, have not been satisfied.”

Guido Fawkes claimed:
This is much more entertaining than the Labour leadership contest…
UPDATE: Unite and Skwawkbox have finally coughed up

And Private Eye described the squabble as 'even by Labour's internecine standards it was a vicious fight.'

And then Ms. Turley was to announce on twitter:

'Unite & Skwawkbox have belatedly paid the damages and costs as ordered by the court. Proving after all that they are not above the law. What an avoidable waste of members’ money. Lesson is... don’t break the law.'

— Anna Turley (@annaturley) January 21, 2020

The judgement of Justice Nicklin J held that Unite was responsible for the defamatory statement because its Director of Communications sent the Second Defendant [Skwawkbox] a press summary fully aware that he intended to publish an article which would identify the Claimant and contain substantially the same defamatory sting about her 'being dishonest'.

The Defendant's Unite and Skwawkbox had claimed the Claimant “should have known” she was ineligible for Unite Community membership, but his Lordship emphasised that, even if that had been so, “negligence is unlikely to provide an objective basis upon which to reasonably suspect dishonesty” [134].

Skwawkbox the website that published the offending report had claimed that Turley, then Labour MP for Redcar, had called the leader of Unite an 'arsehole' and had joined Unite at cut price rate reserved 'exclusively for the unwaged' so she could 'undermine Jeremy Corbyn'.  Steve Walker, who runs Skwawkbox  according to the Mail Online 'Mr Walker, .... is the sales director and CEO of a company called Foojit, which provides mailing solutions to the NHS.'

Meanwhile Ms. Turley managed to lose her Redcar seat at last December's general election when the Labour Party backers Unite had declared in the High Court that she was 'not fit to be an MP'.  The £84,500  paid to Turley in aggravated damages, should help ease the pain of this defeat.  Probably Unite and its leader, Len McCluskey, now wish they had settled out of court when Turley's solicitors offered a settlement last June, if Unite agreed to pay her £25,000.  Now because the union refused this compromise it must now pay interest of 8% on the costs.  By rejecting this offer, it also lost the right to demand that Turley's legal advisors prove their costs were reasonable.

Ms Turley, MP for Redcar before losing her seat in the General Election, has said she was 'thrilled and relieved' after winning the case

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

Unite resolves bin worker distancing row

from Joe Bailey

UNITE in Scotland has welcomed an agreement with Perth and Kinross council that should reduce the risk of coronavirus exposures in bin workers.  The union said it had received numerous reports that refuse workers’ health and safety was being put at risk at the council’s Friarton depot.  This was due to the council's insistence on maintaining three operatives in a bin lorry.  Most local authorities across Scotland have now moved to a maximum of two operatives in a lorry, while others have been operating with just the driver in the cab with the rest of the crew following behind in separate vehicles.  However, Unite said following constructive talks with Perth and Kinross council, an agreement has been reached to move to a maximum of two operatives in a lorry and one operator following behind in a separate vehicle.

Unite regional industrial officer Susan Robertson said: “Unite fully appreciates that Perth and Kinross council wants to continue to provide its excellent waste collection service to the public.  However, this can’t come by putting in jeopardy the health and safety of the bin operatives which was happening. We are pleased that following productive talks we have now been able to find an amicable solution, which puts the safety of the workers first, while providing this essential service.”
Unite news release.

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

Coronavirus: Wirral binmen walk out

Coronavirus: Wirral binmen walk out over three-in-a cab fears

 The union claims workers concerns have been ignored Refuse collectors in Merseyside have walked out over fears they are being put at risk of catching coronavirus.
Workers from the union Unite claim Biffa Waste Services, which empties bins for Wirral Council, does not have strict enough social distancing.
Unite said Biffa was still instructing crews of up to three workers to share a cab on their collection rounds.
Wirral Council said it was working closely with Biffa to "come to a speedy and appropriate resolution".
In a statement Biffa said: "We strongly refute Unite's claim that we have failed to take the health concerns of our employees seriously."
It added: "We are closely monitoring and strictly following the guidance set out by both Public Health England (PHE) and the Waste Industry Safety and Health Forum (Wish)."
Unite said it had been demanding for more than a fortnight that Biffa introduced strict social distancing measures to help ensure the workforce was not exposed to the coronavirus.
It claimed the company had failed to take the workforce's "concerns seriously", and up to three crew members were still being told to share a cab on refuse rounds.

'Failed to protect'

This was at odds with measures taken in other areas which ensured bin workers were appropriately spaced out, the union added.
Unite regional officer Steven Gerrard said: "For over a fortnight Unite has been trying to ensure that Biffa introduced measures to protect our members and they have failed to do so.
"We have been calling for an urgent meeting to find a safe workable solution to our members' health concerns, but these calls have been ignored."
A Wirral Council spokesman said: "It is our understanding that all the health and safety measures currently in place for Biffa crews in Wirral are in line with national guidelines for key workers from the waste industry, as set out by the Waste Industry Safety and Health Forum."
Last week bin men in Birmingham refused to pick up rubbish bags with used face masks spilling out of them found at a block of flats.

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

Bargaining through the Pandemic

Dear Brian,

We are dealing with an unprecedented economic situation due to COVID 19. Some employers are making quick and at times ill-informed decisions, whilst our members are rightly demanding representation in this ever changing environment.

Officers of course are dealing with the situation with our reps and in response to requests on Work, Voice & Pay I have produced guidance (click here) in the form of a template ‘Lockdown Agreement’. Of course it is understood that as workplaces are different, many Shop Stewards will want to adapt it as they see fit. This can be done easily as the draft is in Word. I will also be looking at producing further templates and guidance including for agency and casual workers.

If you need any further information, including the finances of your employer, please let me know. Employers should not be able to abdicate their responsibility and workers can’t again be made to pay the price.

Thanks,

Sharon Graham,

Executive Officer, Organising and Leverage, Unite the Union

Click here for a template Lockdown Agreement.

Turley wins £75,000 in damages against UNITE and Skwawkbox.

The Dartford Warbler - Anna Turley

The former Labour MP for Redcar, Anna Turley, has won her High Court libel case against Unite the Union and Stephen Walker, who runs the 'Skwawkbox' blog. Mr Justice Nicklin, who presided over the High Court trial in London last month, ruled in her favour on Thursday, awarding Turley, £75,000 in damages plus costs.

Ms Turley, who originates from Dartford, Kent,  claimed in court that Unite had misused her private information and had issued a public statement in 2017, giving the impression that she was dishonest in her application to join the union. 

The Unite statement had said that Turley had wanted to join the union so she could vote against Unite general secretary Len McCluskey and undermine Labour leader, Jeremy Corbyn, without the union knowing she was an MP. Unite and Mr Walker had fought the case insisting that Ms Turley was not fit to be an MP and that the article - published on Skwawkbox- was true or justified in the public interest.

Turley who lost her parliamentary seat of Redcar in the general election, had been seeking £100,000 in damages, told the court: 

"My reputation for integrity and honesty are of the utmost importance to me."

A Unite spokeswoman said the union was "very disappointed" with the decision. Lawyers said Unite and Mr Walker wanted to appeal. 

Labour candidate sues Unite & Skwawkbox for libel in High Court.

The Dartford Warbler - Anna Turley MP

Anna Turley (40) is hoping to retain her parliamentary seat of Redcar in the forthcoming general election on 12 December. Turley has been the Member of Parliament for Redcar since 2015.  A former Home Office civil servant from Dartford in Kent, Turley was elected to stand in the Redcar constituency in 2013, from an all-women shortlist.

Three years ago she made the headlines after calling Unite general secretary, Len McCluskey, an 'arsehole' on twitter. Turley has now made the headlines because she's suing Unite over an article published on Skwawkbox that related to an application she made for union membership. She's also suing Stephen Walker, a journalist who writes, edits, and publishes Skwawkbox, and says that Unite also misused her private information. Unite and Walker are fighting the case at a High Court trial in central London.

Yesterday, Anthony Hudson QC, who represents Unite, told Mr. Justice Nicklin that Turley had been dishonest and 'regrettably' was "not fit to be an MP." He added: "Turley's dishonesty permeates through every part of the case." 

The court was also told that Turley had wanted to join a trade union with the ultimate aim of ousting her own party leader Jeremy Corbyn and had links to a WhatsApp group opposing Corbyn. The court was also told that she had broken the rules when applying to join the union at the reduced rate of 50p a week. 

The trial is due to last several days with lawyers outlining their case to the Judge.

Justice Posponed is Justice Denied!

 Brian Higgins dies before Unite does its duty!

NV Editor: ON this Blog we recently reported

that Private Eye had revealed that bricklayer 

Brian Higgins, a blacklisted trade unionist in the building 

trade, had given evidence that some union officials had

been a font of information in fingering militants. One

such is alleged to be Jerry Swain, now a Unite national

officer.  That was last month's news on this Blog, and we 

regret to announce below the news from Dave Smith of

the Blacklist Support Group that Brian Higgins, the 

victim of blacklisting, is now dead.  So much for justice 

on the building sites.

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

IT is with sadness that we report the death last weekend of blacklisted bricklayer Brian Higgins, former secretary of Northampton UCATT and the the rank and file Building Worker Group.  Our sincere condolences go out to his wife Helen, his daughters, plus the rest of his family and friends. 

Brian's blacklist file starts in 1978 and ran to 49 pages, the largest held by The Consulting Association. During the miners strike, Brian was part of the Laing's Lock Out Committee, and was presented with a High Court injunction to stop picketing after he and other activists were sacked for their union activities on a building site in South London. He ignored it. 

He was also spied on by Mark Jenner, the undercover police agent provocateur from the Special Demonstration Squad, and was a core participant in the public inquiry into undercover policing. 

Brain sat on the BSG executive and spoke at our AGMs, until ill health led to him to stand down. Brian was instrumental in setting up a private meeting in Brussels with the European Commissioner Laszlo Andor, which resulted in new anti-blacklisting legislation being presented to the European parliament. 

Brian was uncompromising in his call for an independent investigation into possible union collusion in blacklisting. This is Brian in his own words, when he wrote a review for Blacklisted:

"The book says I raged against the blacklist. I did and still do. But I have to say the thing about it which angers, in fact, enrages me most, is that some full time officials undoubtedly aided and abetted blacklisting of rank and file union members and some are probably still doing this as the Blacklist continues. It is painfully obvious building employers – who regularly wined and dined full time union officials, took some on golf outings and to sporting contests, to very expensive posh hotels, and even on visits to the Naval and Military Gentlemen’s Club – would demand some things in return! After all there is no such thing as a free lunch and we’re talking about this with knobs on here! Don’t tell us that sometimes the names of site union militants and activists did not come up, and what full time officials said, in these circumstances, did not end up on some Consulting Association (CA) files. This sort of socialising, fraternising and consorting with building employers masquerading as ‘negotiations’ is corrupt and corrupting in the extreme. It’s absolutely disgusting to think that while fulltime union officials were doing this many rank and file union members were being blacklisted out of existence!"

Brian was one of the blacklisted construction workers who signed the Open Letter to UNITE calling for an investigation to be set up. It is now too late for Brian, but we hope that the UNITE EC will set up the investigation into possible collusion ASAP. 

Anyone who has heard Brain speak will remember his booming Glaswegian voice, disdain for union bureaucracy and his liberal use of industrial language. I've stood on pickets lines and attended union conference with Brian. I didn't always agree with everything Brian said (but that is not unusual in the labour movement) and internal union polemics were part of his persona, but it is undeniable that Brian was one of the leading rank and file industrial militants of his generation, who had a significant impact on trade unionism in the construction industry. 

As a fitting tribute, former bricklayer, Neil Findlay MSP submitted

Motion S5M-17548 to the Scottish Parliament titled: 

Brian Higgins - a working class hero (full text attached)

Further details to follow. Our thoughts are with his family.

Dave Smith

Blacklist Support Group

book: http://newint.org/books/politics/blacklisted-secret-war/

video: https://www.youtube.com/watch?v=eNcgrNs6pB8

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

blog: www.hazards.org/blacklistblog

Unite, Len McCluskey & Labour's Squabble

YESTERDAY Len McCluskey accused Labour'a deputy leader, Tom Watson, of being a 'poor imitation of Machiavelli' as alleged rumours were rife of another challenge against Jeremy Corbyn's leadership following Labour's poor showing in the EU elections.

McCluskey's remarks matter because his union is a major paymaster for the Labour Party.  Judging by what he had to say he seemed to suggest that Sir Keir Starmer was likely to be a challenger for the leader's job.


The Unite union's policy agreed by the union’s 2016 policy conference made it clear that the union accepted the result of the 2016 referendum on membership of the European Union.  It also set out our union’s priorities for dealing with the process of Brexit, which included protecting jobs, defending employment rights, and opposing the racist backlash that the referendum campaign unleashed.

In June 2018, Unite even joined the National Shop Steward's Network (NSSN) which has long been dominated by the Socialist Party (formerly Militant).  The ideology of this group has been bitterly anti-EU and has been rooted in a belief in the old-fashion concept of the 'British Road to Socialism'.
The recent affiliation of McCluskey's Unite seems to have been encouraged by a decision by the NSSN in 2018 not to field candidates against the Labour Party in elections. 

By linking up with the hole-in-the-corner anti-EU Trotskyist NSSN must now suggest that Unite, which formerly backed Remain, is stuck in the BREXIT trough.

Sir Keir Starmer has now said a second referendum is the 'only way' to break the Brexit deadlock, after Labour suffered a mauling from voters in the European elections.

 Meanwhile,three former ministers are now daring Corbyn to sack them in solidarity with Alastair Campbell who was expelled yesterday for saying that he voted LibDem in the European elections.

Mr Corbyn's office has thus far refused to say if the trio would be expelled

**********

Double-dealing & union blackballs?

UCATT was the trade union that merged with Unite in January 2017.  It was also the union that had allegedly full-time union officers who according to the current Private Eye 'shopped their "comrades",' and 'Blackleg', in the same journal writes:  'Two years ago, Unite general secretary Len McCluskey and assistant general secretary Gail Cartmail promised an inquiry into union officials' collusion with the big building firms - but there's still no sign of it.'

In December 2016, an open letter signed by blacklisted construction workers was circulated:

'.... one issue threatens to cause internal friction: possible union collusion in blacklisting.
Some years ago, both UCATT and UNITE carried out internal investigations into possible union involvement in blacklisting. But that was at a time when barely any of the documentation was available.
'Since the High Court, all that has changed. The employers were forced to provide witness statements and disclose 40 years worth of documentary evidence. It is now in the public domain that officials in both unions were recorded as the source of information on Economic League and Consulting Association blacklist files. Some of those named, remain senior officials in UNITE and UCATT to this day. Every union activist in construction knows who the named officials are, as does every major employer.'

Gail Cartmail had called for a 'full public inquiry with judicial authority'.  

Now Private Eye reveals:  'The joint head of Unite Construction, formed in January 2017 when Ucatt trade union merged with Unite, is Jerry Swain, who is also a Unite national officer.  Despite the tardiness of Unite, scores of blacklisted trade unionists have received compenstation, having taken their cases to the high court.  Among them was bricklayer Brian Higgins who presented evidence to the court in pre-hearings that union officials were the source of information given to construction firms about union activities in 1992, 2002 and 2003.'

Private Eye adds:   'Although the officials' names were redacted in pre-hearings of the high court case, Higgins subsequently obtained an unredacted copy of his file.  Among those who were said to have shopped their "comrades" was one, er, Jerry Swain, from 1991 to 2016 the London and South East regional secretary of Ucatt.  Just fancy that!'

***********

Rochdale Housing Assoc. Ballot on Strike Action

MEMBERs of Unite, the UK and Ireland’s largest union, working in a Rochdale housing association are to be balloted for strike action in a dispute over low pay.

Huge pay cuts

The 170 plus members of Unite, employed by Rochdale Boroughwide Housing (RBH), have seen their pay cut by 21.7 per cent in recent years, as a result of a series of pay freezes and below inflation pay increases. The housing association was hived off from Rochdale council and manages 13,500 homes.

Unite members have rejected a below inflation pay offer of two per cent. However, rather than return to the negotiating table RBH instead imposed the pay offer on the staff, which has caused widespread anger and damaged industrial relations.

Balloting to begin

Workers will begin balloting for industrial action, including strike action on Wednesday 8 May and the ballot will close on Wednesday 29 May. If the membership votes for industrial action, strikes could begin in June.

No real terms pay cut

Unite regional officer Tanya Sweeney said: “Members of Unite will not accept a further real terms pay cut. Year on year workers have been getting poorer.
“Industrial relations have been further damaged by the ham-fisted manner in which the management at RBH has gone about responding to the dispute. Rather than return to negotiations, they instead imposed the offer, which has just caused further ill feeling among staff.
“If RBH wants to avoid strike action then it needs to return to the negotiating table with an offer which at least begins to meet our members’ expectations.”

***&**

Memorial to Crewe's Spanish Civil War volunteers

¡No Pasaran!

A poignant event took place at Crewe Cemetery on Saturday 4th May, with the unveiling of a bench to commemorate George Fletcher and Edward McQuade, both volunteers in the 15th International Brigade fighting fascism in the Spanish Civil War of 1936-39.  Both men are buried in Crewe Cemetery just a few yards away from the bench that now bears their names.

The result of a long and determined campaign by Councillor Joy Bratherton, the ceremony was attended by relatives of the two men, representatives of the International Brigade Memorial Trust, and local civic figures including Laura Smith MP and Cllr. Brian Roberts, Mayor of Crewe and representatives from Unite the Union, Crewe No.1 RMT Branch and ASLEF.

A big shout out has to be made to: Unite (NW region), NW/64 Wharton and Salmesbury, NW/1400/5 Wigan, NW0269 and NW/0270,Crewe and NE/0604 Manchester Central.  All of whom made financial contributions towards the purchase and future maintenance of the memorial.

The Spanish Civil War of 1936-39 is largely eclipsed by the two monumental struggles that went before and immediately after it, and yet it represents a crucial episode in the fight against fascism, militarism and dictatorship.  It is all the more remarkable in that those who fought - some 2,500 of whom came from Britain and Ireland - were volunteers.  They were fighting to uphold democracy and social justice, at a time when Governments (including that of the UK) were actively appeasing fascist dictators in Europe.  Many of them died for the cause and lie to this day in Spanish soil.

Delores Ibárruri, the republican heroine of the Civil War, said of the International Brigades' volunteers - "You are history. You are legend. You are the heroic example of the solidarity and universality of democracy."

George and Edward finally have a proper and fitting recognition of their bravery.

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

While the cat's away, the mice will play!

COMMUNITY UNION'S HOT HEADED COMRADES

Comrade Pritchard (in flat cap) GMCUB Chairman

WHEN Sheila Coleman, the Unite union Community Membership Officer, failed to attend the branch meeting of  the Greater Manchester Unite Community Union Branch (GMCUB), on Tuesday 24th April at Unite Salford Quays Office trouble erupted.  Sister Coleman seems to act as a kind of chaperone for this troubled and wayward union branch.

In consequence without her loving and caring attention all hell broke lose, with one robust and militant branch member, Paul Kelly, taking to flailing with his fists at a fellow branch member.  So seemingly frenzied and demented was the Kelly outburst that he had to be restrained briefly by colleagues, while he recovered his composure.  

The Unite Greater Manchester Community Branch has gained a such a reputation of wayward conduct of late, that it has been the subject of special investigation and has had the undivided attention of the Unite officer Ms. Sheila Coleman, who has a distinguished background on Merseyside for campaigning for the victims and families of Hillsborough. 

Last month, it was hoped that with the successful banishment of two disgruntled branch members by suspending them just before the branch AGM, the climate of the branch would cool down a bit.

Alas, it was not to be!  

Last month's suspensions seem merely to have excited people like Mr Kelly, to try to create the conditions for further suspensions and havoc.  

The taste of the blood of the earlier suspensions was apparently too rich for Mr Kelly, and he seems to have become overwrought as the report below of recent allegations in the Salford Star  suggests:

'The President of Salford TUC Paul Kelly has been reported to the Unite Regional Office. The substance of the complaint is that he verbally abused a Unite member prior to a meeting of the Greater Manchester Community Branch on Tuesday 24th April at Unite Salford Quays Office. Furthermore he raised his fists in a threatening and menacing manner and threatened to beat the member up!'

None of this bodes well for May Day and worker's solidarity.  Indeed next Monday, the excitable Mr. Kelly will be speaking on such issues as international comradeship at a May Day event in Salford's Bexley Square alongside the delightful Labour shadow business secretary, Rebecca Long-Bailey MP.  

****** 

McCluskey's former love tipped for top Labour Job!

Jennie Formby - Unite Political Director

UNITE union boss, Jennie Formby, is in the running to be the next Labour General Secretary following the resignation of current General Secretary, Ian McNicholl.

Before marrying Frederick Formby in 2004, she was the ex-partner of Len McCluskey - now the General Secretary of Unite - and was then known as Jennifer Louise Sandle.  In 1991, she gave birth to McCluskey's son at the Princess Anne Hospital, Southampton.  In February, Formby was given the job as Unite's Political Director on a salary of £75,000.

Although amiable and avuncular, McCluskey's love life has been the subject of a great deal of gossip since he stood for re-election as General Secretary of Unite in 2017.  When Formby gave birth to his child in 1991, McCluskey had been married to Ann his first wife, for 28-years, and had a son.  He was also living in union subsidised property, while his wife continued to live in Liverpool.  He then set up home with another lover called Paula Lace, in a union-subsidised property.

During last years election for Unite General Secretary, which McCluskey won by a narrow margin, there were allegations that he had used union funds to help him buy properties in London.   The union said that the "purchase agreement" was not a loan of £400,000 but "an equity share arrangement."  His re-election is now the subject of an official probe by the Certification Officer.

Apart from being a close friend of Len McCluskey, Jennie Formby is also a close friend of Karie Murphy, a former Unison union official who was embroiled in the "Falkirk Fix Scandal."   A former nurse from Glasgow, Murphy is said to be the director of the Labour leader's office. 

When the New Statesman called Karie Murphy the "courtesan in the court of Corbyn" and revealed that she was Len's 'partner', they received a legal letter insisting on a correction to the effect that she was merely "a close friend of Len McCluskey" and nothing else.

Whatever attracted many of these women to the ageing libidinous Liverpudlian, is something that will always remain a mystery.  But power is said to be one of the most potent of aphrodisiacs, even though it is said to corrupt.  Personally,  I think Telemaque, sums the situation up most succinctly - "Services! talents! merit! bah! - join a clique."

On Bro. Pritchard's Penchant for Mr. Carillion

Editor:  

The post below was sent to Northern Voices by 
Mr. Pearson, a member of  Unite Greater Manchester 
Community branch.
We understand that this branch has been under investigation
by the North West Region of Unite owing to a series of 
complants by members.  Until the regional authorities of
Unite have determined what problems exist in this branch,
if any, the editors of NV have no views on this matter, except 
to say that we support the freedom to publish.
******
 by John Pearson

I THINK it is deplorable that Bro. Pritchard, the Chair of the Unite Greater Manchester Community branch should post such abusive material on the public internet.

He might have disliked the reference to the late Councillor Quinn in your article on the deep embedment that Carillion had in Tameside Council and the consequent repercussions in that borough of the firm's collapse.  A reasonable commentator would have complained at what you published but to call the publishers "lowlifes" is ad hominem excess at its extreme.

Not only is Bro. Pritchard's action deplorable but it is highly hypocritical since he and his supporters in the Unite Greater Manchester Community Branch officer's group have insisted upon, not only banning Bro. Chris McBride, for over a year now, from the branch's official Facebook group but they have also - unconstitutionally (per the decision of the Unite North West Regional Deputy Secretary, dated 18 January 2016) - removed Bro. McBride from his elected position as the branch's press and media Officer (Communications Liaison Officer) role.  Their primary charge against Bro. McBride was that he allegedly made ad hominem attacks on branch officers on social media.

******

Leaked ledgers confirm Carillion’s blacklisting

                                     sent to NV by Joe Bailey (Unite) 
FAILED construction giant Carillion was a major supporter of an illegal blacklisting outfit that targeted safety activists and trade union reps, leaked documents have confirmed.  The firm has been linked to blacklisting for years, with the Scottish Affairs Select Committee in 2013 publishing evidence about how Carillion liaised with the blacklisting agency, the Consulting Association, either directly or via its subsidiaries.  Six managers directly involved with the association were named in the document.  Subsequently, the GMB union estimated that from October 1999 to April 2004 Carillion checked at least 14,724 names against files illegally held by the covert blacklister. Invoices and sales book records, seized by the Information Commissioner’s Office during a raid in 2009, showed that Carillion paid £37,814.72 to the Consulting Association between 1999 and 2006.  This month the Canary obtained the Consulting Association’s entire set of ledgers, which confirmed Carillion’s routine payments for data from the Consulting Association files. Dave Smith, joint secretary of the Blacklist Support Group, said: “Carillion blacklisted me after I raised concerns about safety on their building sites; it ended up in the European Court of Human Rights. At the very same time the company were milking public sector contracts including in the NHS. Not another penny of taxpayers’ money should be given to these wretches. 
In May 2015, Carillion, together with several other construction companies, agreed on a payout of around £80m in compensation to almost 800 blacklisted workers.

Ÿ  The Canary. The Metro.

******

Defend jobs & UNITE the union

UNITE members at IT Services giant Fujitsu need your support.Manchester members have voted for a third time to strike in the long running dispute, following 27 previous strike days.  Members are opposing Compulsory Redundancies, opposing victimisation of their union reps, and demanding that Fujitsu honours its redundancy agreements.

Six Manchester members have been fighting their redundancy.  Of the six, a majority were ethnic minority, a majority were disabled, two were union reps and one had complained of sexual harassment linked to her selection.  Fujitsu dismissed Saj Patel despite jobs being available in her
department and her grievance not being heard.  The third of the six was dismissed on New Year’s Eve.  Fujitsu wrote to Ian Allinson, chair of Unite @ Fujitsu in the UK, while he was on
compassionate leave attending a family funeral to tell him he will be dismissed on 12 January despite having an outstanding internal job application.

Ian is one of three reps fighting victimisation. Ian is in a tiny fake redundancy selection pool where the company cut 100% of the jobs. Ian has worked at Fujitsu for 30 years and has led union growth there since the early 1990s. Fujitsu stopped Lynne Hodge doing most of her job in May 2016 and
told colleagues not to work with her. Denis Morris was selected for redundancy on the basis of scoring that mainly focused on his rep role and disability, not his skills, knowledge etc.

Fujitsu Services Limited, the main UK company, remains profitable, and one director got £1.635m last year, up 13%.  Fujitsu planned to cut 1800 UK jobs through offshoring, automation and outsourcing. First it terminated the UK works council through which the company had agreed
enhanced redundancy terms/protection leaving little more than statutory redundancy terms for the majority, removing the incentive for Fujitsu to retrain and redeploy rather than making avoidable compulsory redundancies.

We have always given and received great solidarity.  We are asking for your support now

Manchester Mears Group Strike explained

NV Editorial comment on Mears dispute:  Dave Smith, joint secretary of the Blacklist Support Group, wrote to a shop steward involved in the strike at Mears Group plc [see e-mail below].  Mears is a housing repair and maintenance body.  The Mears workers walked out in a strike over pay and conditions, begining with a 48-hour stoppage on the 16th, November 2017.  Some  180 Unite members who work at Mears in Manchester and at 'Manchester Working', a joint venture organisation operated by Mears, voted in favour of industrial action in a ballot last in October 2017.  The affected employees undertake housing maintenance work across 12,000 properties managed by the housing association Northwards, via a contract tendered by Manchester council.
The dispute seems to be complicated by the fact that  Manchester City Council was in the process of breaking up the joint venture company and much of the workforce has been TUPE – [Transfer of Undertakings (Protection of Employment) Regulations] transferred to Mears.In the run-up to the TUPE transfer in January 2017, Mears reneged on a previous commitment to tackle pay differentials.  In the run-up to the TUPE transfer in January 2017, Mears reneged on a previous commitment to tackle pay differentials.  
The new contract the Mears workforce are expected to follow demands a more flexible approach to shift working, additional working hours and days as well as greater use of technology, without any real increase in pay.  Mears is also seeking to introduce a ‘productivity procedure’ which is effectively a ‘sackers charter’ and has been pressurising the workforce into accepting poorer conditions regarding sick pay and vehicle policies.
 Even before the collapse of Carillion, the workforce was disappointed with the attitude of Manchester City Council, which was aware of the ongoing problems at Manchester Working but went ahead with the TUPE process regardless.

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Hi people,

SEE below email from the steward at Mears who are building workers in Manchester who have been on strike for the past 8 weeks now.   I've only just really heard about the dispute, so forgive me if its a really big deal up in the North West..  Any chance some of you guys contacting him and hopefully organizing some solidarity?

Dave

Hi Dave,

Unfortunately, Brother we are still very much out.

We are in our 7th week of a 12 week Strike Action with work only being undertaken on a Wednesday. This is our second wave of action in the same dispute.  Back in May 2017 we had our first 12 week strike that ended in 24/7 action against the companies MWL (a JVC) and Mears.

Any show of Solidarity is food for our members here in Manchester, be it a financial donation or just a message of support to remind us we are not alone.  This has been a difficult Winter for all involved in the action with Christmas falling within the period of action.  Truly a testing time for our members, there spouses and dependants.

Our Fighting Fund has helped releave the pressure on many of our younger members who are sole income householders woth young families and large mortgages.

One of my fellow Workplace Reps William Sinclair became a victim of Blacklisting here in Manchester back in the day.  He tells me how he had to find alternative employment away from the Building Trade at that time. Appalling.

Your Solidarity is greatly appreciated Dave and any monies raised will continue to go to those members in need to help bolster our resolve and prevent any considerations of a return to work through hardship. Our fund details are....

UCATT UD.393 Manchester 1st Branch

Sort Code  60-83-01

Account no.  46034412

Col Pitt

07930276010

Carillion Crash follows death of Councillor Quinn

'He hath put down the mighty from [their] seats, and exalted them of low degree' 
(Luke 1:52: King James Bible)

by Brian Bamford  

Www.northernvoicesmag.blogspot.com/2012/06/tameside-council-leader-kieran-quinn.html

To see readable press cuttings left click on image

GOD KNOWS BEST!  What need be there for anarchist assassins when the Gods are so clearly on the side of the righteous?  When the market so mercilessly murders those who most worship it.

Many blacklisted electricians and other building workers must be feeling chuffed today, as the news breaks of the expected collapse of leading construction company Carillion PLC.  They will feel that there is some justice in the world,

In May 2016, Carillion was one of a range of building firms which issued an apology in the high court in London, admitting that since the late 1960s they had been 'involved in secretly collecting, storing and distributing among themselves information about workers who had, or who were applying for, work in the construction industry'.

At the time this cohort of blacklisters said:   'The simple purpose of this operation was to create a database of information to vet particular workers in the construction industry.'  The firms accepted that 'their secret vetting operation should never have happened.   It caused harm to the employment opportunities of many workers.  The secret nature of the operation meant that those on the database had no way of establishing whether they were included in it, or any chance to challenge the information that was kept and available for dissemination.'

The firms – Balfour Beatty, Carillion, Costain, Kier, Laing O’Rourke, Sir Robert McAlpine, Skanska UK and Vinci – told the court that they hoped their apology meant that 'this matter can be treated as a closed chapter'.

The Road to the Blacklist

Carillion was created in 1999 by the famous road surfacing business Tarmac in a demerger.  Today, it employs 19,500 people in the UK alone, and is based in Wolverhampton.

Carillion's major projects have included 'the doughnut' - the iconic circular office building of the UK's Government Communications Headquarters (GCHQ) - completed in 2003.   Alongside new facilities for the Royal Opera House, Carillion completed the Tate Modern in London in 2000.
Its other projects have included the Grand Mosque in Oman, completed in 2001, as well as an expansion to Liverpool FC's Anfield stadium in 2016.

The company’s extensive expansion into acquiring outsourced public sector contracts means that as well as construction staff, the workforce also includes hospital cleaners, prison maintenance workers, port staff and workers in the energy and utilities sector.

Only today Unite's assistant general secretary Gail Cartmail, will have had these workers in mind when she said:
'The Carillion crisis has become a major story but it must not be allowed to go over the heads of its loyal workforce, who are effectively being held hostage by the whims of the market.

'Carillion can’t keep its workforce in the dark any longer it needs to clearly tell them and their union representatives, how they are trying to overcome the current problems, with an honest assessment of what the future holds.'

  Consequences of Carillion Crisis: 'muddle through'

Manchester electricians campaign against blacklist in Tameside

Kieran Quinn became Mr. Carillion in Manchester

Meanwhile, last September one of Carillion's greatest promoters in the North West, was Tameside's Council leader Kieran Quinn* and chair of Greater Manchester Pension Fund, told Construction News journalist Charlie Schouten:

'We underwent a vigorous and lengthy process to ensure that the right contractor (Carillion) was selected for the construction of One St Peter’s Square.
'Experience, reputation and ability to deliver were of paramount importance as we are committed to ensuring that this is a very high quality scheme and that it is completed within the projected time frame.'

The Greater Manchester Pension Fund, formally administered by Tameside Borough Council, represents all 10 local authorities in Greater Manchester, has assets of over £21bn and includes more than 500 employers and over 350,000 members

Quinn has been in-bed with the Carillion blacklisters, both in terms of Tameside Labour Council's long local partnership with what some financial pundits are now calling a 'structurally unstable' company, but also regionally in Greater Manchester, as chair of Greater Manchester Pension Fund [GMPF], in which as recent as last September, he was calling for closer relations with the company.  We don't know how heavily invested the GMPF is in Carillion, especially because sources close to Tameside Council have told Northern Voices that Tameside Council's deals with Carillion were conducted 'behind closed doors' by a tiny clique of councillors and officers.  As I write this other sources are saying that their is talk of engaging another contractor to replace Carillion in Tameside or of bringing estate management services back in-house.
 
Given what's happening now, it looks like Councillor Quinn picked a convenient time to leave this mortal coil.  At least he escaped the current wrekage of Carillion.

Tameside Trades Union Council anxious about Carillion deal

The scheme 'One St Peter’s Square' Quinn promoted was typical of the office developments that have made Manchester so successful, not to mention so attractive to investors – although Mr Quinn declines to reveal to  Charlie Schouten what the fund’s return on the development was.

'Pension funds like to have a stake when a project is completed, but they prefer not to have a stake when something is still in the ground.  Again, we want to change that,' he says.

For Mr Quinn, according to an interview he did with Construction News last September, it’s about not only helping Greater Manchester to grow, but grow in the right way.

'One of my pleasures of acting as GMPF chairman is using workers’ money to invest in the city they work in,' he says, 'and there will be plenty more investment to come'

Yet what Kieran Quinn ought to have known was the contents of the Farmer Review which was published in October 2016 by the Construction Leadership Council (CLC);  Mark Farmer in this review of the UK Construction Labour Model stated:   'This review adopts a structure of evaluating he construction industry’s current and future state which has a strong medical process analogy'.

Mr. Farmer illustrated the ongoing problems and dangers in the British building trade: 

'The evidence reviewed indicates that the construction industry and its labour model is at a critical crossroads in terms of its long-term health.  Whilst the diagnosis points to a deep-seated market failure, there are certain industry trends and wider societal changes happening now that represent both unprecedented risk and opportunity for the industry and its clients.  If the opportunities are not harnessed, the risks may become overwhelming.  The prognosis for the industry, if action is not taken quickly, is that it will become seriously debilitated.  It is facing challenges that have not been seen before, which create an absolute imperative for change.  Previous calls to arms have not been acted on by the industry or its clients at any real scale and somehow the industry has continued to "muddle through".' **

The snag with Carillion is that its plans were based on continuing growth and its strategy fuel by debt to the banks, But what must not now happen is that the tax payers bail out the banks and the investors.  The Liberal Democrat leader. Vince Cable, has said that we can't have a situation in which the profits are privatised, while losses are nationalised.

*    Kieran Quinn died on Xmas Day.

**   https://www.designingbuildings.co.uk/wiki/Farmer_Review_2016:_Modernise_or_die

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A little local problem in Liverpool

Lee James Fowler   posted on BLACKLIST SUPPORT GROUP Facebook site  8 hours ago:

A MOTION was put before Liverpool Construction Branch tonight,

It reads: Unite Branch NW/0541 notes Liverpool City Council's continued, ill-fated relationship with two of the most prolific Consulting Association Blacklisters  - namely Carillion and Laing O'Rourke,which has been brought into even sharper focus by the collapse of Carillion.

The Unite Branch NW/0541 shares  The Blacklist Support Group's dismay that these rogue contractors have been securing public contracts within Our City, thereby rendering the Cabinets motion,passed in 2013, meaningless; to the point of dereliction of duty.  It also contravenes the ethos of the document referred to as the "Workers Charter".  The Unite Branch NW/0541 therefore resolves to instruct the Council that blacklisting was and still is an unacceptable practice,which cannot be condoned.  We therefore urge that those companies who were members of the clandestine organisation,the Consulting Association,and any others found to be engaging in Blacklisting,be removed forthwith from the approved list for future construction work procured by the Council.

Since these discredited contractors have continued to be awarded work in the City, this Unite Branch NW/0541 calls for a working group to be set up,comprising of two elected members of the Blacklist Support Group, and the appropriate cabinet council members,to monitor this process of disengagement.

Sorry I forgot to say it was passed unanimously.

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Instirute of Employment Rights for blacklist inquiry

14 December 2017:
A new report published by independent think tank the Institute of Employment Rights recommends a public inquiry is conducted into the blacklisting scandal, and sets out a 'Manifesto Against Blacklisting', proposing changes to the law, including criminal sanctions for employers operating blacklists.
It has been eight years since the Information Commissioner's Office (ICO) raid of blacklist operation The Consulting Association found evidence that thousands of workers had been locked out of employment in the construction industry for such reasons as highlighting dangerous working practices or being a member of a trade union.
Despite continued legal action, justice has not yet been served, with Unite the Union now seeking compensation for 70 further workers who did not benefit from previous out-of-court settlements, and new evidence of continued blacklisting in the construction industry being debated in parliament.
In the latest IER publication – Blacklisting: The need for a public inquiry – Secretary of the Blacklist Support Group, Dave Smith, maps out the barriers to justice experienced by workers, both in terms of accessing the tribunal system and in securing a guilty verdict for their former employers. He emphasises that what the thousands of victims of blacklisting want the most is for the individuals responsible for their plight to be publically held to account.
"It's been an ongoing fight for decades and the end still seems distant," Dave Smith, Secretary of the Blacklist Support Group and co-author of the report, said. "Before the 2009 ICO raid that finally proved us right, we were labelled conspiracy theorists, and even after we had the evidence it was an uphill struggle to be heard in court.
"Even for those who eventually received compensation, money alone is not justice.  Blacklisted workers spent years of their lives struggling to make ends meet, with many reporting to me that the strain stretched beyond finances, to their families and relationships, their mental health, their social lives."
What blacklisted workers most want to see is the individuals responsible for their suffering to be held to account.  We want a full public inquiry to investigate the truth behind what happened, and we want a change in the law to prevent other workers from going through what we have."
The publication concludes with a Manifesto Against Blacklisting drafted by employment law expert Alex Just, who makes several recommendations for changes in the law. Key recommendations include:

• Criminal sanctions for employers that illegally blacklist workers, including personal criminal liability for staff who knowingly blacklist
• A 10-year ban on holding a directorship for any person found guilty of blacklisting
• A ban from public contracts for firms that illegally blacklist workers
• Compulsory training for HR directors and staff on the law around blacklisting
• Stronger powers for the Information Commissioner's Office (ICO) to investigate cases of suspected blacklisting
• The establishment of a new UK Data Court to consider civil and criminal charges jointly so that judges are able to hear all of the evidence pertaining to a case
  

"It is clear that the law as it stands is not robust enough to protect workers or to bring those operating illegal blacklists to account. Not only is there still a requirement for further legal action eight years on, but the employers involved continue to make billions in profit from public contracts having been able to evade being found officially 'guilty' of acts they have publically admitted to," employment law expert and co-author of the report, Alex Just, explains.
"A thorough examination of the obstacles faced by blacklisted workers over the last eight years has revealed several key factors that we recommend are reviewed and changed in order to prevent another years-long scandal being dragged through the courts in the future. The law must provide justice to those workers who have lost years of their lives, and it must act as a deterrent to the secret continuation of blacklisting by holding those responsible to account."
 Ÿ  IER news release

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