Sunday, February 04, 2007
Saturday, February 03, 2007
The Nationalism of the CPB (ML) number 3
Some comments:
Those within the Trade union apparatus who secretly or publically support the views of groups like the CPB (ML) should be ashamed of themselves. If you google the articles I have posted you will come up with all sorts of weird places that support such right wing viewpoints on immigration and immigration. Such as the very right wing nationailst American grouping "National Vanguard". I think that supporting the CPB(ML) is a contradiction to being a member or appointed official of any trade union at any level and therefore one can guess what comes next in my view...
...The union I am in which is UNISON has a good position on this subject, and this motion was passed at the National Conference in 2005
National Delegate Conference 2005
Composite : AgendaID G - Amnesty for Illegal Workers to End ExploitationConference notes:
1) there are many thousands of paperless workers out there, without whose work the economy would grind to a standstill;
2) paperless workers are the invisible engine room of twilight London. No Londoner can easily escape involvement in this exploitation. Paperless workers serve us meals in restaurants, clean our hospitals, our hotels, streets and tube stations, produce the sandwiches and snacks we have for lunch and many of the clothes, CDs and consumer goods we buy in west end shops. London is not at all unique in this respect;
3) trade unions in the United Kingdom (UK) have found a number of employers with up to a quarter of their workforce without papers or legal status, employed directly or via gangmasters and agencies;
4) these workers are mostly paid cash in hand at rates as low as £2.50 per hour and made to work 80 hours per week without weekends or holidays, often under the threat of deportation;
5) such employers are guilty of defrauding the inland revenue as well as being responsible for the massive scale of illegal working. Many workers have been deported when caught;
6) that UNISON in Greater London has carried out a migrant workers project based upon the experience and perceptions of migrant workers employed at three hospital sites in East London.
Conference believes:
a) that no worker should be classed as illegal;
b) all workers have a right to put a roof over their head and food on the table;
c) all workers should enjoy the same rights at work, including the right to organise a union;
d) it is not the workers who should be blamed, prosecuted and deported for working here without papers, it is the employers and gangmasters who make it possible. Only with an amnesty for the workers and a few company directors prosecuted will we see any improvement in this shameful situation.
Conference also notes the many positive initiatives taken by UNISON with both the UK and Scottish government support including:the UNISON Scotland New Workers Project. This pilot project, funded by the Home Office, provides trade union learning and work experience for refugees in Glasgow;
the UNISON Scotland Overseas Nursing and Health Workers Network. A support network for several hundred overseas workers in Scotland;
One Scotland Many Cultures is the Scottish Executive campaign designed to tackle racism in Scotland and is linked to the fresh talent initiative that positively encourages people to consider coming to live and work in Scotland."
UNISON should take account of the recommendations of the UNISON migrant workers project and in particular should consider the following recommendations:
i) UNISON should identify areas where there is significant employment of migrant workers in public services and seek to ensure that UNISON's recruitment approach in those areas matches the needs of those workers;
ii) UNISON should build upon the work done by the TUC and HSE in producing basic workers' rights information targeted at migrant workers. Key recruitment materials should be produced in languages other than English, on a phased and planned basis, and UNISON should develop a standard application form to be available in a variety of languages, in hard copy and online formats.
iii) UNISON should ensure that it is able to provide initial advice to migrant workers who are employed in public services on immigration, accommodation and access to and eligibility for social amenities. Training should be provided to both lay activists and full time officials to enable them to offer this advice;
iv) UNISON should provide services tailored to migrant workers working in public services and in membership in UNISON, including specifically legal advice on immigration, assistance with opening a bank account, low commission overseas money transfer and the production of an advice pack on tax, national insurance, pensions and benefits;
v) UNISON already plays a significant role in providing training in English as a Second Language (ESL) through Lifelong Learning. UNISON should publicise this work and ensure that it is coordinated with recruitment of migrant workers;
vi) UNISON should actively promote our anti-racist and anti-discrimination work amongst migrant workers. And, in line with the 2005-2006 national objectives, should promote respect for asylum seekers and humane immigration rules. Campaigning to ensure that migrant workers are treated both fairly and with respect in the workplace;
vii) branches should be encouraged to set up migrant workers' networks, where appropriate, and guidelines issued as to how such networks should relate to existing branch structures such as self-organised groups.
Conference therefore agrees:
A) in order to put these principles into effect, we call upon the government to grant an amnesty for any worker in the UK currently working without the knowledge of the authorities, in order to put an end to employer-led tax fraud and exploitation of migrant workers;
B) we instruct the National Executive Council to communicate this demand to government, and to seek the support of the TUC and of other trade unions;
C) we urge UNISON Labour Link to raise this demand within the Labour party;
D) we call upon all branches to set out to recruit and organise migrant workers in public services, and instruct the National Executive Council to issue guidance to branches and regions drawing upon the recommendations of the UNISON migrant workers' research project.
Carried as Amended
and say no more...
Mikey
at 12:02 pm 2 comments Labels: Albanian Goat Herders
Posted by Mikeybear
The Nationalism of the CPB (ML) number 2
class power
WORKERS, NOV 2005 ISSUE
This article is an edited version of a talk entitled "Migration and Class Power", given at a CPBML public meeting in London on 20 October.
As a class, we have got ourselves into an awful mess. Of course, it's not all of our own making. For over three decades, we have been subjected to an unrelenting, escalating ruling class assault: more than 30 years of reaction and counter-revolution from our ruling class, which has pressed down on our daily lives, shattered our trade union culture and traditions, circumscribed our hopes and strangled our aspirations.
With only some exceptions, notably the strategic offensive undertaken by the engineers and others in the 1970s against the Industrial Relations Act and the miners' stalwart but ultimately gladiatorial defence of their industry in 1984–85, our class has not attempted to fend off, let alone repulse, these regressive attacks.
We have seen, in the mere span of a person's lifetime, the situation in Britain turned dramatically upside down. From the days of the early 1970s when the media (superficial as always) could clamour "Who rules Britain?" to now, when capitalism is naked and callous in its operations, trade unions are studiously ignored and Big Business is slavishly kow-towed to.
In the 1960s and early 1970s it was possible for Mao Tse-tung to talk about revolution being the main trend. And though with hindsight perhaps it was a slight embellishment, you still had a Soviet Union: not as revolutionary a force as it once was, showing signs of fraying round the edges and with capitulationist talk emerging at times from the likes of Kruschev and Kosygin, but still exerting a restraining influence on the world of capitalism.
The extent of migration
What is the scale of the recent migration into Britain? Official figures reveal the following:
1997
285,000
1998
332,000
1999
354,000
2000
364,000
Obviously the figures do not count any illegal immigration.
In these 4 years alone, before the accession of the new EU countries, immigration at 1,335,000 exceeded emigration by about 400,000. Since those years immigration has continued to rise. Take the months between May and December 2004: according to Home Office estimates about 130,000 nationals from eight of the new member states alone applied to work in Britain; about 123,000 of them successfully obtained work permits.
Figures from the Office for National Statistics show that 223,000 more people came into Britain than left in 2004 (more than double the annual average from 1997 to 2000). Some 583,000 entered the country. Separate figures predict the population may increase by up to 7.2 million over the next ten years.
The number of migrants from Eastern Europe EU member states has risen dramatically, due to the government's open door policy. The Home Office admits that 14,000 are now arriving every month from Eastern Europe (170,000 a year).
It is estimated that anywhere up to 200,000 illegal Turkish Kurds have entered Britain recently. Of course, if Turkey joins the EU, then that will all become legal immigration.
Employment
Post-1945 there was not a commitment to full employment: it was there in reality – or at least capitalism's definition of full employment, with no more than half a million people out of work at any time. Even at the start of the 1970s, the unemployment rate (as calculated at the time, so divide by half to equate with current figures) was around 3%.
We were in a position to defeat the Labour Party's 1969 attempt to control unions, In Place of Strife and, in the early 1970s, the Tories' Industrial Relations Act. If today it was a truce, tomorrow it could be war.
Workers are thinking beings, and depending on how they think they may then decide to act or not. Workers do not act spontaneously, nor do they act responsively, as a result of cause and effect. Actions and struggle depend on us knowing our circumstances.
In recent years there has been a marked lessening of working class confidence, clarity of thought and class organisation. Material factors were at work, the greatest of which was the rundown and destruction of our industrial manufacturing base.
From 1968 we saw an end to full employment and the re-creation of the reserve army of the unemployed; anti-trade union legislation and reduction of trade union strength; deindustrialisation; and the removal of manufacturing heartlands. Along with this came membership of the European Economic Community (now the EU), privatisation and, at the end of the 1970s, Thatcherism.
The latest weapon in the armoury of capitalism is a massive increase in the numbers of people migrating to Britain. It is not accidental; it is not without purpose. The EU requires free movement of capital and labour. This measure benefits capital, while making labour weaker, more insecure.
The migration attack
Speaking in Bradford in June, the Governor of the Bank of England, Mervyn King, put it starkly: "Immigration has reduced wage inflation. The inflow of migrant labour, especially in the past year or so from Eastern Europe, has probably led to a diminution of inflationary pressure on the labour market."
Cheap mass labour from Eastern Europe has been used to keep wages stagnant or reduce them. The real purpose of an open-door immigration policy is revealed for what it is: to undermine the wages and conditions of British workers.
Apart from Ireland, only Britain (courtesy of Jack Straw and the Labour Government) decided from 1 August 2004 to give unrestricted access to workers from the new Eastern European member states, even though transitional arrangements allowed restrictions for up to seven years.
Many of the EU's original 15 member states, including Germany, France and Italy, still have tough limits on economic migration from the ten countries which joined the EU last May. Even by the EU's regulations, countries can apply their own national migration legislation until at least 2006 and also impose entry quotas in certain professions. In contrast, the United Kingdom and Ireland have moved quickly to remove barriers in their labour markets.
Britain already has millions unemployed, however much the government attempts to reclassify them. This massive influx of labour, often concentrated in our leading urban conurbations, particularly London, will have a significant impact on our wages and conditions and on our creaking services already struggling to cope with needs and reduced financial budgets. In fact, the impact is already there in many areas.
Much of our infrastructure was already under great stress and struggling to cope – schools, hospitals, transport – and now it has this sudden, unexpected demographic change thrown into the equation. It is evident in London as you go about daily life.
Take schools as an example. In June 2005, the Association of London Government published a report entitled "Breaking Point: Examining the disruption caused by pupil mobility". It points out that government does not provide any additional resources for schools with high pupil movement.
High pupil turnover is heavily concentrated in specific geographical locations (usually where housing is cheaper – generally poorer areas) and in specific schools. One of the key factors in pupil mobility is international migration. Many of these children do not speak English or do not have fluency in the language.
The report notes that the failure to fund pupil turnover means that schools, particularly those with the additional challenges of high deprivation, do not have the capacity to meet the true level of need associated with mobile pupils or existing pupils with diverse multiple disadvantages. Most rely heavily on staff to provide support for new pupils by working additional unpaid hours – which in part reflects a dilution of teaching and learning support to all children in that school.
Research undertaken by London Metropolitan University in 2002 concluded there were approximately 80,000 asylum-seeking and refugee children in British schools, with an estimated 62,666 in schools and nurseries in London. In seven London education authorities, refugee children comprise more than 10% of the school roll: a significant concentration. Teachers feel overwhelmed by the numbers of children without English from so many backgrounds.
These levels of migration if allowed to continue will put massive strain not just on the fabric of British society but also on its mental complexion too. A nation must retain the right to control entry if it is to maintain the glue that holds it together. We wish to retain an integrated society.
Most migrants to Britain are aged under 34. Research suggests that many are university educated, prompting real concerns about a brain drain in the countries they have left.
Those coming are attempting to escape hardship elsewhere. Do they really think it's going to be easy here? Do they imagine a land flowing with milk and honey? They are in for a rude awakening. We cannot tolerate being dragged backwards by certain other groups of migrants. There is, for example, no place in Britain for African ritual murders, for devilry exorcism with its maltreatment of children. We tamed our religion a long time ago, and we shall not let religion persecute workers again. What it means to be British Are nations outmoded? Capitalism says so. Once capitalism was the spur to the building of nations, sweeping aside the localism and feudal land structures.
Now it prefers to create larger economic bases such as the EU, giving power to the larger corporations, weakening working class power. Yet as workers we only have Britain, so we have to save it. How do we see the composition of a nation? Immigrants to Britain who are serious about staying have the same choice as any other British worker: either join with other workers to improve wages and conditions, preserve liberties and quality of life or ally with capitalists. True integration has nothing to do with appreciation of the national cricket team and warm beer (though many more will be supporting England rather than Pakistan or Bangladesh or the West Indies after this summer). From 1750 to 1840 our class was torn from the land, drawn to the factories and the towns and thrown into conditions in which survival was a daily achievement. They could look to no one else but themselves for protection and alleviation. Without stars, without do-gooders and without political parties, our class founded its own bodies to defend and further the interests of its own.
The whole force of the employers' state was brought to bear upon these emerging working class organisations which, despite imprisonment, transportation to Australia, penury, acts of parliament, spies, provocateurs and even death itself, were never vanquished. In these years, the British working class first discovered for the world this absolute truth: the necessity of working class solidarity, of combination of labour against capital, of trade unionism.
In contemporary times, have we started to forget, discard, shun or just fail to apply what we knew – the vital local pride; skills; communities; brotherhoods of workers; the culture of mutual support? Guidance for the future The Labour Party now is trying to preserve capitalism in absolute decline by elevating the rights of capital above all other interests. It must be pushed aside. We must treat the Labour Party with the disdain it deserves – do not waste efforts over it. Certainly do not attempt to resurrect it as a true labour party. Do we really want to re-run the setback and disillusionment and betrayal of the last 100 years? Let it wither on the vine.
It can go the way of the Liberal party after the First World War and seemingly what has happened to the Conservative Party after the debacle of Thatcherism. Let the decline be terminal for them all. And then our class has to face squarely the conclusion that there is no way out of their predicament courtesy of one of the bourgeois parties or through capitalism's representative democracy. But how to do for ourselves when trade unions have been allowed to degenerate? Look at class for what it is, not what we want it to be. Rebuild class organisation again. Explore the experience of the British working class organisation. Start with the local. The greatest gift that the British have made to the world is in ideas: our thinking, our attitude to life.
These are largely based on our response to the material changes of industry, manufacture and science – raising collective forms of survival in the simple but stubborn form of organisation: trade unions. We have a way of life to lose; we have a future to gain. Those going – 360,000 emigrated in 2004 – have a lack of belief in Britain. Good riddance! The ones left will be those with sterner resolution, more mettle, the root and branch. Cul-de-sacs and the open road Workers must do for themselves: we are many, they are few. There are but two classes and class is everything. Without clarity about it we do not know who we are or what we are doing.
We must be in charge of our professions and protect and develop skill. We are in a guerrilla war against the capitalist enemy who for the past few decades has analysed our strengths, largely in manufacture, largely in trade unions, and been undermining and destroying these sources of our strength, letting our life-blood trickle out bit by bit. How do we break out of their encirclement? We need to know what we are defending and when. Choose terrain favourable to ourselves, employ active and passive defence, conserve our strength, and await an opportunity to defeat the enemy.
Do not underestimate, do not overestimate the enemy: the ruling class only has apparent strength due largely to our lack of activity. Developments will occur: if we don't respond, then the response of the capitalists will simply get more intense. Don't wait, or there will be worse ahead
at 11:48 am 0 comments Labels: Albanian Goat Herders, Leftism, Polemic
Posted by Mikeybear
The Nationalism of the CPB (ML)
MP Frank Field has called for a debate on immigration. Jack Dromey, Deputy General Secretary of the T&GWU, has called for an amnesty for illegal immigrants. Here's a contribution to that debate from a working class and trade union perspective...
Let's have a working class debate on immigration
WORKERS,
The government forecast that there would be 15,000 immigrants from Eastern Europe in the year after their entry to the European Union on 1 January 2004. The actual number was 300,000, followed by another 300,000 in 2005. Due to the increased supply of labour, wages in several unskilled and low-skilled job sectors have fallen, hitting the indigenous working class. The extra demand for housing has forced prices and rents ever higher, and in many cities students now find it almost impossible to get part-time jobs to help them through college.
Consequently, three-quarters of the population now wants far stricter limits on immigrant numbers, according to an Ipsos MORI poll carried out on behalf of the Sunday Times between 11 and 13 August: 63 per cent say immigration laws should be "much tougher", up from 58 per cent 18 months ago, while a further 11 per cent say there should be no more immigration. 77 per cent think the government should set a strict limit on the number of immigrants allowed into Britain each year. Just 14 per cent of people strongly agree that immigration is "generally good" for Britain, with double that number taking the opposite view. Incidentally, the same poll also revealed widespread impatience with Tony Blair, with almost half of the nearly 1,000 people questioned believing that he should resign immediately. This popular pressure against unlimited and uncontrolled immigration may force the government to impose limits on migrants from Romania and Bulgaria when the two countries join the EU in 1 January. The government predicts that 350,000 Romanians will come to Britain next year. Alistair Darling, the Trade and Industry Secretary, told the BBC that migration would be "properly controlled". Home Secretary John Reid said, "I don't believe in the free movement of labour: I believe the situation should be managed. You hear the same from ethnic minorities. There's nothing racist about it." But the Home Office insists that no final decision has been made and the Foreign Office is lobbying hard for no limits to be introduced. Whose decision is it? The point is, who decides? In a democracy, the majority should decide, even if some think they are wrong. What does it say about Britain, if the government imposes its view, against the clearly expressed wishes of the majority of the British people? Immigration is and always has been a mechanism for depressing wages and undermining working class organisation. That is why the government and the CBI have declared that immigration is a good thing. To its shame, the TUC has endorsed their sentiments despite unemployment approaching 2 million and the decline in average earnings, including bonuses (National Office of Statistics June 2006). And removing skilled labour from other economies does nothing for the development of those nations denuded of those skills; nor does it assist in the development of an organised working class in those countries. In the past 12 months both the South African Health Minister and the Pakistani ambassador to Britain have put in pleas to Britain to stop seizing their nurses and computer programmers respectively. Their polite requests have been ignored. The West Indian immigrants who came here in the fifties and sixties were invited to take the low-paid jobs that British workers could not afford to take. This helped to maintain the low wages of those jobs, although to the credit of the unions, these workers did become organised. The immigrants from the Indian subcontinent who came to fill jobs in the textile industry were by and large confined to the lower-paid jobs. Sometimes unions such as the Knitwear and Hosiery Workers Union, as it was then, would insist that highly skilled knitting jobs be ring-fenced for British workers in order to maintain wage rates while lower-paid, less skilled jobs would be reserved for immigrants who would be outside the union. This is history – workers' defence of their skills and livelihood in a bad situation. There has always been a relationship between immigration and wage rates. Today, that relationship is no different but much more critical. Our borders are open, immigration is on a gigantic scale and we face an influx of cheap Romanian and Bulgarian labour from January 2007. Better life? Of course migrants aspire to a better life, but they should fight for it in their own country – or how will it ever make progress. Poland's economy, for example, is being hamstrung by a shortage of workers. Even drafting in convicts to do essential work is not plugging the gap. And the situation in some African countries is even more dire. Young men who abandon their country make things worse, not better. And we in Britain need to fight for progress here. Further, British working people should not be cast as racists or against people from other nations. The question of training our own people is fundamental. Employers moan at the lack of skills – quite understandably – but seek the cheap way forward. The same is occurring in the public sector. For example, local government will sponsor overseas workers to gain British recognised qualifications – running courses in London for Australian, New Zealand and South African teachers to boost their qualifications to British standards while completely failing to produce courses that could raise Londoners with qualifications just short of the required level. People who squeak that racism is the core of the opposition to an unfettered movement of labour need to look at some of the consequences. White teachers from Commonwealth countries get preference over mature Londoners (black and white) who would otherwise be fast-tracked into teaching. Some of the inner London boroughs have unemployment levels (mainly black people) of over 8 per cent, yet jobs are going to EU migrants (mainly white). What can be more racist in our context than denying someone indigenous work by importing overseas labour? Here are a few ideas to throw into the debate about what should be done:
Restrict the free movement of labour to Britain from Romania and Bulgaria if these countries join the EU on 1 January. Better still, don't let them join.
Control the export of capital. Because of the deliberately engineered skills shortage – abolition of apprenticeship, etc – manufacturing employers are threatening to move production abroad to Eastern Europe or China if their workforce refuses to accept Polish, Lithuanian or other East European skilled workers whom they want to employ on the National Minimum Wage instead of the skilled rate. How might we deal with this? Well, one way would be to put in place controls on the export of capital to prevent them carrying out their threat. We could then insist that all immigrant workers require work permits, which would only be issued if the employers agreed to take on and train local workers to replace immigrant labour when they qualified or became indentured, and on condition that the employer paid the rate for the job. Government funds could assist this training. The immigrant labour would then be required to leave the country when this process was complete.
Prove no one can be recruited here. In the case of unskilled immigrant labour, perhaps the work permits would only be issued after the employer could prove that it had exhausted all means of local recruitment including substantially increasing pay. The employer would be required to pay the immigrant labour the highest rate of pay on which it had failed to recruit local labour. The immigrant labour contracts would be limited to a defined duration when the employer would be forced to try and recruit local labour again. If the employer is contracted to a public service, the contract would be terminated if the employer failed to recruit local non-immigrant labour on the second attempt. Immigrant labour would be required to leave the country at the end of any work permit unless it was proven that it was impossible to recruit local labour on established rates of pay, in which case they could stay as British citizens and British workers.
Secure our borders. The concept of an amnesty for illegal immigrants is foolish if we don't have control over our own borders, as it would simply be followed by another wave of immigration. The first step must be to secure and control our borders. Every sovereign country has the right to know and control who comes in and who goes out of the country. Then maybe we should tackle the problem for what it is – 21st century slavery. If a ship repair yard employer on Tyneside brings in a Polish workforce on the National Minimum Wage rather than the rate for the job, houses them in cabins inside the yard, and rotates them every ten weeks for a new workforce to prevent unionisation, that's slavery. People smugglers, gangsters and gang masters, and the new breed of employment agencies are the new slave traders, and illegal immigrants working in sweatshop conditions are the new slaves. Let's outlaw new slavery in all its forms with punitive sentences appropriate to slavery. Any employer paying below the National Minimum Wage should be treated similarly. After this, we could put the illegal immigrants to the same test as skilled or unskilled immigrants referred to above. Those who choose not to work, or are involved in the black market or crime to survive, will have to leave the country. Basic ideas to protect Britain These are very basic ideas designed to protect British manufacturing, British workers and wage rates. To secure our borders we should bring British troops home from Iraq and Afghanistan to help create a border, security and customs force along with existing agencies and maybe a strong unit to enforce anti-slavery and immigration laws. That surely should be within the power of a sovereign state. Unfortunately, all of this would be incompatible with EU laws and policy. In fact, the expanded EU was solely about free movement of labour and capital to help capitalism survive. This means that the British parliament has no real control over issues such as immigration and so the first step to controlling it would have to be withdrawal from the European Union. The notion, shared by those on the ultra left through to the leadership of the TUC, that everyone in the world has a right to come here to work must be quashed: it is anti working class. If we decide to do these necessary things, we decide to take charge of the state ourselves as a class.
at 11:23 am 0 comments Labels: Albanian Goat Herders, Leftism, Polemic
Posted by Mikeybear
Single Status: from the Socialist
The following article is nicked from The Socialist, weekly newspaper of the Socialist party, one of the two successor organisations to the Militant Tendency.
Mikey
TRIBUNAL RULING MEANS FURTHER PROBLEMS FOR LOCAL GOVERNMENT’S SINGLE STATUS AGREEMENT
An Employment Tribunal ruling on equal pay has panicked both employers and trade union leaders throughout local government. But it is a trade union, in this case the GMB, that has been found guilty of discrimination and victimisation on gender lines against its own members!
The decision, on behalf of low-paid women workers in Middlesbrough, which will be appealed, may, according to press reports, cost the GMB £1 million.
Unison activists in the Socialist Party examine the implications and pitfalls that unions face.
Paralysis
The ruling, which runs to 140 pages, and incidentally shows the employment tribunal panel were not intrinsically ‘anti-union’, has sent shockwaves through local government.
The fear of the wider implications of the ruling, and concerns at the prospects in similar cases being brought against them has given rise to an awed paralysis at the tops of the other unions. Whilst the case was against the GMB the tribunal’s full rulings does not cast these ‘other unions’ in a better light.
Mass Privatisation
Many local authority leaders are threatening wholesale privatisation of services as a consequence. Whatever happens in the future, it is now widely accepted that the Single Status Agreement is under severe strain, and privately union officials are often heard making statements to the effect that local authorities cannot afford to pay equal pay, so that mass privatisation is inevitable. Collective bargaining in what is currently the largest trade union organised sector of the British economy may well be at risk.
Single Status
Single Status, in existence since 1997, seeks to bring together Manual and Non-Manual workers, previously covered by separate agreements, under one agreement. Whilst this aim has the support of all socialists, the manner in which it attempts to do this was opposed by Socialist Party members in UNISON at the time. They played a key role via the Campaign for a Fighting Democratic UNISON (CFDU) in leading opposition to the Agreement.
Single Status does not seek to combine the strengths of the old agreements into a new one, but rather jettisons key elements of these agreements such as national gradings, overtime payments, weekend and evening pay rates, taking them out of the national agreement and leaving them to be defended (or not) on a branch by branch basis. Wild promises were made by the union bureaucracies to persuade members to accept the Agreement. They saw it a panacea – an answer to unequal pay for women members and, also wrongly, an answer to low pay.
In practice its implementation has been characterised by cuts in pay and conditions of service and a rash of localised disputes (Coventry, Hull and elsewhere). UNISON’s bureaucracy were so incensed at the CFDU’s campaign against Single Status that they launched a ferocious political witch hunt against CFDU supporters, which was extended to others on the left. The history since 1997, and in particular these recent events, clearly demonstrates how correct the Socialist Party and others on the left were to oppose Single Status.
Job Evaluation
The Middlesbrough Tribunal ruling revolves around the implementation of Job Evaluation (JE). This is a complicated procedure by which each job is evaluated and given a number of points, after which a new grading structure for each authority is determined, replacing the old mixed system of national gradings, and national grades applied on a locally determined basis. The JE scheme is intrinsic to the Agreement. It is allegedly Equal Value Based meaning it has been structured to overcome clearly recognised discriminatory pay anomalies amongst occupations traditionally worked by women, such as home and other carer posts in comparison to those, such as road-workers, who are predominantly male.
A large percentage of the workforce is in clerical and administrative posts. Whilst low pay is endemic in local government, many white-collar workers have traditionally benefited from higher comparative wages to those sections of the manual workforce where women predominate. With no extra funding, councils have sought to tackle unequal pay not by increasing substantially the wages of these ‘former manual workers’ but by seeking to effectively lower the pay of others. Many women in clerical and admin jobs suffer from JE and face pay cuts, a reflection of the lack of familiarity of the bureaucracy with the nature of the membership as a whole. For them women members are nearly all perceived as carers, so they have been catered for in the scheme. The vast majority of women members, low paid clerical workers, have been ignored, and are now suffering.
JE poses a host of problems to local negotiators;
Protection for members whose posts are downgraded
Payment of back pay for members whose posts are regraded as a result of the exercise (and in particular where JE identifies gender-based discrimination)
Establishing future pay grades
The most contentious point, according to law, is that bonus schemes, predominantly appearing in male-dominated workgroups, hinder equal pay. Astonishingly, in the unions’ advice to members in 1998 was the statement "Existing local bonus schemes and bonus arrangements are local agreements and therefore not affected by this agreement". Even then, this was a legally ‘dodgy’ argument to say the least!
As the ruling clearly demonstrates, and has been known for some time, the existence of such schemes, which can account for 40-50% of workers’ take-home pay, is discriminatory. Union negotiators, whilst trying to keep to the correct principle of ‘no losers’ cannot argue for continued protection for existing workers on bonus schemes, if it can be proved that this continuation also continues the discriminatory element.
Despite the 6-year protection in the Health Service under Agenda for Change, local government negotiators have been warned not to seek more than 2 years for protection for workers losing their bonus schemes.
Post-JE negotiations inevitably focus on these elements, along with attempting to defend the conditions of service which have been removed from national pay bargaining provisions. (The 2004 local government pay settlement, which the Socialist Party campaigned against, has worsened the situation with even more elements moved from the national bargaining arena to a local level). Single Status almost inevitably raises the wages bill of each council, and the Government has refused to give councils extra funding to meet these commitments.
The scene is set for major conflicts. Prior to Single Status Councils were being hit on a weekly basis with a series of equal pay rulings at the Employment Tribunal. They signed the Single Status Agreement in an attempt to take this pressure off, but have done nothing in the meantime to increase funding to pay for the costs of rectifying equal pay anomalies.
No Win No Fee Lawyers
Into this scenario stepped No Win No Fee lawyers, seizing their chance to make money. Under anti-discrimination law anybody found to have suffered gender-based pay discrimination can expect to get six years back pay. In a number of instances agreements have been reached which give discriminated-against workers less than six years back pay, but which involve better protection for downgraded workers, and/or a better grading structure than might otherwise be expected. On the basis that the discrimination element is the only element that can be pursued at the Employment Tribunal, ET cases can be lodged against the employer and the union, which in the case of Middlesbrough have been upheld.
Thus in future no local negotiators will feel able to settle with less than six years back pay for discriminated against groups, and employers will refuse or severely limit what is available to protect downgraded posts, and will insist on lower grades in the overall structure. The estimated costs of such protection are behind the mood of panic in local authorities, and the wild threats of privatisation.
Poor Performance
The ET ruling suggests the performance of the GMB and by implication, other unions, in the Middlesbrough case has been particularly poor, having all the hallmarks of unions, led not by members but by bureaucracy. The Tribunal makes some damning comments about the GMB’s handling of the situation, and the ET accuses the union of being less than honest with its members, and scaring them into agreeing the package with threats of privatisation.
The Tribunal also highlights the role of a trade union bureaucracy in the collective bargaining process as "selling a line" on an agreement, (as opposed to explaining its full implications so that the members can make an informed choice on it). The prospect of providing full, transparent and honest information to members before they decide whether or not to accept any proposed agreements will worry many trade union bureaucracies!
Yet the Tribunal ruling opens the door to this kind of approach by indicating that if the women in Middlesbrough had been informed they could expect higher back pay from a tribunal case, been given a realistic assessment of their chances of success with such a case and the reasons why they were being recommended to accept less than six years back pay, (in terms of better protection for downgraded colleagues and/or a better grading structure), the union could have defended itself against the allegation of discrimination.
Threats
Local authority trade unionists need to determine how to proceed given the ramifications of the Middlesbrough ruling, clearly distinguishing between the best interests of their members and the doom and gloom sounds of panic emanating from the national bureaucracies of their unions.
Whilst under New Labour the threat of privatisation of all public services is an ever-present aim such moves, in order to dodge the costs of implementing the Single Status Agreement will not be as simple as is now being suggested. Under law workers transferred to a different employer have their full Contracts of Employment, including collective agreements, transferred with them. Few private employers would be willing to take over a group of workers in the knowledge that they would have to pay them six years back pay. Conversely there would be little point in the local authorities paying them the back pay and then privatising the services.
It must also be born in mind that in Middlesbrough, despite the threats of doom if the Single Status package was not accepted, and the subsequent ET ruling, no affected services have been privatised, and the council has found the money to fund the back pay! At the risk of complacency it does appear that too much weight was placed on the council’s pleading of poverty. In fact, the ruling criticises the unions for not demanding the council use ‘other resources’ rather than their pay budget, to fund equal pay.
Divisive and Reactionary
As trade unionists see the chickens come home to roost on the Single Status Agreement, and witness undemocratic, poor performing union bureaucrats get a kick in the pants from the Employment Tribunal, a wry smile or two from them is understandable. But the overall effect of the intervention of lawyers into the collective bargaining arena in this way is dangerous.
All workers are entitled to a decent deal at work, and not just those who are able to pursue their cases at law (an extremely limited right under capitalism). Rulings such as this, which undermine collective bargaining in the workplace, are ultimately reactionary and divisive. To move to a situation where the worker with the best lawyer gets the best deal would leave million of workers with no adequate protection or representation at all, and moves away from the important principle of the collective approach that is intrinsic to trade unionism itself.
No Win No Fee -v- No Fight No Win!
The problems illustrated by the Middlesbrough ruling are inherent in the Single Status Agreement itself, which held out the illusion to over a million local government workers that their pay and grading problems at work, including historic problems of discriminatory pay, could be solved without a fight.
This ruling illustrates that relying solely on legal means will not provide an answer to either equal pay or low pay. History has taught us that it is only through struggle will workers achieve an end to such discrimination and exploitation.
As the Single Status Agreement continues to unravel, workers are increasingly left with the stark fact that despite the rash promises of the union bureaucracies when Single Status was introduced, there are no easy ways to sort out their pay and grading problems, and they will have to be prepared to fight for fair treatment at work. Local authorities must be told now that threats of privatisation and cuts in pay and jobs will be met by industrial action.
The New Labour Government should understand that they must ensure that local government is adequately funded if it is not to develop into the kind of battleground that the national Health Service is currently becoming, where massive job losses are announced on a daily basis…and public support for the Government collapses as a result.
at 11:10 am 0 comments Labels: militant tendency, UNISON
Posted by Mikeybear