TORIES ATTACK WORKERS’ RIGHTS

RMT helpline 0800 376 3706 :: may 2013 :: RMTnews 8 T ories on the London Assembly recently proposed an assault on trade union rights across London Underground and potentially across the public sector in London. Whilst the report Struck Out restates GLA Tory policy of requiring a turnout for any ballot of 50 per cent plus one of eligible voters, it goes much further by setting out three proposals for changes in law which would have to be legislated for by Parliament and which all ban strike action. The first policy proposal is for binding arbitration in the style of New York’s Taylor Law which shows that this is not an issue for London Underground workers alone. Taylor Law was introduced following a number of subway strikes in the US city and prohibits all public employees in New York from striking. Instead a system of binding arbitration is used, which both sides must accept the judge’s decision. Workers who refuse to accept the arbitration decision will then be fined an additional days wage for each day of strike – and their democratically elected representatives can face imprisonment. The second policy proposal in the document is Binding Pendulum Arbitration in which strike action also becomes illegal but where the judge cannot seek to order a compromise but must accept the position of either the employer of the trade union in full. The Tories in the Assembly believe that this would incentive both the unions and the employers to make “reasonable demands and find a reasonable compromise”, but also incentive workers “to choose to belong to a reasonable union” as opposed to “an extremist union that pushes for the greatest possible wage increase”. Given that the document only attributes such “extremist” characteristics to RMT, it is clear that the attack is not only on the trade union rights and freedoms but also attacks the particular style of democratic and class-orientated trade unionism that the members of RMT support. The final proposal is for a complete ban which would mean that a London Underground worker who went on strike would be sacked for breach of contract, in a similar fashion to the police force and Armed Forces. It is important to note that each of these proposals were supported by only 16 per cent of those surveyed by the GLA Tories. Two alternatives are also highlighted including the introduction of driverless trains, and increasing the number of Londoners who work from home. The second idea is to reduce the “cost to London’s economy of a day of strike action”. The final recommendations are to legislate for the following: 1. Ban strike action on London Underground 2. Replaces the right to strike with a right to binding pendulum arbitration 3. Require a minimum of 50 per cent plus one of all eligible trade union members to vote in favour of binding pendulum arbitration for it to happen. GLA Tories claim that “this would bring together the best of the various options in order to remove the threat of strike action” and “stop the practice of a small minority dictating a confrontational approach to negotiation”. The International Labour Organisation has previously commented on binding pendulum arbitration when introduced by the Canadian government to attack postal workers. The expert committee of the ILO stated: “the Committee is bound to recall that it has always recognized the right to strike by workers and their organisations as a legitimate means of defending their economic and social interests, and that the right to strike may be restricted or prohibited: (1) in the public service only for public servants exercising authority in the name of the State; or (2) in essential services in the strict sense of the term, that is, services the interruption of which would endanger the life, personal safety or health of the whole or part of the population” and “considered that whatever the case may be, and however unfortunate such consequences are, they do not justify a restriction of the fundamental rights of freedom of association, unless they become so serious as to endanger the life, safety or health of part or all of the population”. It is also clear that the introduction of such legislation in Britain would be a clear violation of the government’s obligations under international human rights law. TORIES ATTACK WORKERS’ RIGHTS