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RMT helpline 0800 376 3706 :: march 2011 :: RMTnews
8
RMT has secured a major
victory in the Court of Appeal
over UK strike laws that will
pave the way for millions to
take action over cuts to jobs and
services in the months ahead.
The union had appealed an
injunction granted in the High
Court in January preventing a
48 hour strike on Docklands
Light Railway.
That injunction - which
would have taken the anti-trade
union laws in this country to
within a whisker of effectively
banning the right to strike - was
overturned in the Court of
Appeal.
Lord justices Mummery,
Etheron and Elias rejected the
previous ruling which said the
ballot notice to Serco were not
“as accurate as reasonably
practicable”.
The judges upheld the right
to strike and said that the any
minor inaccuracies were a
matter of human error.
They ruled that the legal test
for ballot notices was “as
accurate as reasonably
practicable in the light of the
information in the possession of
the union”.
The judgment has massive
implications for ongoing
disputes, including on Arriva
Trains Wales and London
Underground, and clears a path
for unions in all sectors
planning ballots over jobs,
pensions and cuts to living
standards.
RMT general secretary Bob
Crow said that the judgment
was not only a victory for staff
on Serco Docklands and RMT
members but it is also a massive
victory for the seven million
trade unionists in the UK.
“The Serco Docklands
injunction on balloting process
would have effectively banned
the right to strike if it had been
allowed to stand and would
have tightened the noose
around the necks of nurses,
firefighters, ambulance crew,
home helps and others engaged
in fighting back to the point of
strangulation.
“This victory today helps
clear the path for those workers
to take action,” he said.
He said that the landmark
victory for working people in
this country could not have
been secured without the
sterling work of Richard Arthur
and Doug Christie from
Thompson’s solicitors and the
advocacy of RMT’s standing
counsel John Hendy QC.
The result means that the
best part of £100,000 in RMT’s
legal costs will be paid back to
the union.
“We said on the steps of the
High Court last year after the
union lost the Network Rail case
over the right to strike that it
was round one to the employers.
“Well, this is round two to
the trade unions and the
millions who count on us to
defend their jobs, pensions and
workplace rights,” Bob said.
RMT WINS RIGHT TO
STRIKE FOR MILLIONS
Union secures major court victory on right to
strike paving the way for workers to take action
over cuts to jobs and services
ROUND ONE: Bob Crow with
RMT president Alex Gordon
and executive committee
members outside the High
Court in London last April
after Mrs Justice Sharp
granted an injunction to
Network Rail banning
legitimate strike action