in defence of trade unionism Jim Mortimer
“These rights – to organise and to bargain collectively – should be regarded as fundamental social rights derived from the need to redress the imbalance of power in the employment relationship.”
in defence of trade unionism
in defence of trade unionism Jim Mortimer
1
in defence of trade unionism
This publication is based on a Lecture given by Jim Mortimer on 26th February 1998. The opening address was given by John Hendy qc. The Lecture was held to celebrate the 10th Anniversary of the Institute of Employment Rights. This publication, like all publications of the Institute, represents not the collective views of the Institute but only the views of the authors. The responsibility of the Institute is limited to approving its publications as worthy of consideration within the labour movement.
ISBN 1 8732 71 603 The Institute of Employment Rights 160 Falcon Road, London sw11 2ln 0171 738 9511. email ier@gn.apc.org Designed by Megan Dobney 0181 761 7532 Printed by Upstream 0171 358 1344 ÂŁ5 for trade unions and students. ÂŁ10 others
THE
INSTITUTE OF
EMPLOYMENT RIGHTS
2
in defence of trade unionism
from institute to institution t h a n k yo u a l l for coming to this celebration of 10 years of the Institute of Employment Rights. This event is sponsored by Thompsons, and Pattinson & Brewer, and takes place in this wonderful venue courtesy of the NUT. In the bleak days of 1988, at the very height of the tide of Thatcherism in the long years of Tory onslaught on the unions it was decided to make a small but significant stand against the flood. Wave after wave of anti-union laws was justified by propaganda designed to suggest that trade union rights and freedoms were disreputable, undemocratic and unjustified. They were presented as privileges the effect of which was to prevent the free operation of the labour market which created the wealth which would trickle down to the benefit of workers and the poor. A number of us decided that there should be a counter-attack to this portrayal of union rights. And so the Institute of Employment Rights was born. It was to be a think tank for the labour movement. It has a unique blend of legal practitioners, academics of many disciplines and, of course, trade unionists. Over the years we have attempted to illuminate the fact that trade union rights and workers’ rights are human rights: fundamental, universal, authoritative, and respectable. Our impact on the media at large and hence the general public has been, as we anticipated, modest. But within the Institute’s spiritual family, the labour movement, I do believe we have had some influence in providing substantial arguments as to why and how employment rights can be defended and advanced. Of course the outlook now is very different to 1988. Now the Tories are gone, hopefully never to return. Now we have a government which is committed to recognition and a minimum wage. Which has freed the GCHQ workers from their legislative bonds and which will take the legal restraints from checkoff. After the election in May 1997 the Executive Committee asked itself and our Vice Presidents, whether we should turn to some task other than that which we had pursued during the Tory years.
3
in defence of trade unionism
The answer was a resounding “no”. Whatever government is in power the labour movement (and hence its little daughter, the Institute of Employment Rights) has its own agenda. It is a different and simple agenda: the defence and advance of the rights of workers and their unions. Mr. Blair has been frank with us: “Let me state the position clearly, so that no one is in any doubt. The essential elements of the trade union legislation of the 1980s will remain. There will be no return to secondary action, flying pickets, strikes without ballots, the closed shop and all the rest. “The changes that we do propose would leave British law the most restrictive on trade unions in the western world.” But the laws which the Tories introduced and this government has pledged to retain are in breach of the UK’s international legal obligation. The ILO has said so. So have the Council of Europe’s Committee of Experts and Council of Ministers. So too, and only three months ago, did the United Nations Committee on Economic, Social and Cultural Rights. The Institute of Employment Rights, of course, is not concerned with government policy. Its job is to serve the trade union and labour movement. It is for them to take up these issues. In the service of the labour movement over the last 10 years the Institute has produced 65 titles and sold 120,000 copies. Without disrespect to all our esteemed authors the single most important publication must be Working Life (1996) in which a distinguished team of 50 or so practitioners, academics and trade unionists reviewed the whole of labour law. The Institute’s publications and projects continue: 1. Recognition and Representation Issues Two booklets now available – one a comparative paper looking at how recognition and collective bargaining operates in other countries and one focusing on the individual right to be represented by a trade union.
4
What is the institute? t h e i n s t i t u t e o f e m p l o y m e n t r i g h t s was launched on 28th February 1989. As a labour law “think tank”, supported by the trade union movement its purpose is to provide research, ideas and detailed argument. In 1994 the Institute was granted charitable status. The Institute has attracted wide and distinguished support. Among the membership are John Hendy qc, Professor Keith Ewing, Lord McCarthy, Sir Peter Pain, and the general secretaries of Britain’s largest trade unions. The results of the work of the Institute are published in papers and booklets. It also provides short articles, free of legal jargon, for trade union journals and other publications. The Institute provides tools of analysis and debate for the trade union movement in the area of labour law. We are not a campaigning organisation. The Institute does not assume that legal measures can offer aultimate solutions for political, economic and social problems. However, it recognises that law has a part to play in influencing the employment relationship, both individually and collectively. Funding is from various sources, including subscriptions which entitle subscribers to a copy of all our new publications. If you are interested in subscribing or would like to know more about the Institute, then contact us at 160 Falcon Road, London sw11 2ln, 0171 738 9511. £5 trade unions and students £ 10 o t h e rs THE
INSTITUTE OF
EMPLOYMENT RIGHTS