Sep 06 2010

Brian Higgins Anti-Blacklist Campaign

Updates on anti-blacklisting campaign and Brian Higgins

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Tribunal process grinds on… and on

After months of being involved in the tribunal process, Brian Higgins, with other UCATT and UNITE members, has now reached the stage where he is waiting for a preliminary hearing which will decide whether he has a case that will be heard at a full hearing.  You would think being named on the Consulting Association Construction Database Blacklist (CACD), along with the naming of one of the companies, Laing (now Laing O’Rourke) would be enough for a full hearing. Fraid not.

The wheels of industrial ‘justice’, which are very heavily weighted in favour of the employers anyway, turn ever so slowly, and usually fall off, both for blacklisted trade unionists and for workers in general. Most particularly, when employers want this to be the case and they are clearly slowing things down in the matter of the named blacklisted construction workers versus the CACD and named building employers. Coupled with the fact that industrial tribunals were never meant to deal with something as serious, sinister and political as blacklisting and the attack on and denial of civil, trade union and human rights. No one holds out much hope for any sort of justice via this route. But you have to fail before a British court before you can take your case to the European Court of Human Rights. These cases should be dealt with in a criminal court, but of course it is not a criminal offence to blacklist trade unionists in the UK. This is an absolute disgrace.

British ‘justice’ for building trade unionists – remember Shrewsbury

The British state, building employers and the so-called justice system already have serious form when it comes to building trade unionists organising and fighting for their rights and safety on site. They showed exactly what they think of this when they conspired with MacAlpine to put a group of building trade unionists, who were members of UCATT and TGWU, in jail on trumped up charges at Shrewsbury Crown Court, following the national building workers’ strike in 1972. Des Warren and Ricky Tomlinson got the most severe sentences. Des died prematurely because of drugs – the liquid cosh – they forcibly administer to him, while in prison, basically to try to silence him. This is a campaign going on today to try to clear the names of the Shrewsbury pickets. So it is no surprise that the law continues to allow building employers to get away with conspiring against building trades unionists by the truly appalling use of blacklisting. As a lawyer said, It’s a scandal there is not an effective law against blacklisting.

They also get away with murder

It’s also worth remembering that building employers get away with murder with the killing week in, week out, of building workers in so-called site accidents. So again, it’s really no surprise they get away with blacklisting.

Glenis Willmot, MEP, and leader of EU Parliamentary Labour Party

The only chance of getting any sort of justice for all blacklisted building trade unionists is by going to the European Court of Human Rights, This means going to the European parliament to campaign for a law to outlaw blacklisting EU-wide, and have the UK subject to European law in this regard. Knowing this, Brian got in contact with Glenis Willmot MEP. With the help of Steve Murphy, UCATT Midlands Regional Secretary, Glenis got back to Brian and they now correspond.  She has also put a written question on blacklisting in the UK, and in general, to the European Commission, with the hope of getting a favourable response, If this is achieved, it can be used to campaign for a law against blacklisting in the European Parliament.

Of course, even if the answer is unfavourable, the issue and the need for a Euro-law to cover this, is still the same. Glenis and like-minded MEPs should campaign for a law against blacklisting and blacklists.

Blacklisting is a crime against humanity and any kind of justice, freedom and democracy. It should have no place whatsoever in a modern society, which professes to espouse these values and principles. Surely this cries out for the UK and European Parliaments to make blacklisting a criminal offence and one which sees the perpetrators of this horrific practice punished severely enough to put a stop to this industrial evil once and for all.

Motion passed by Aberdeen branch of Oil Industry Liaison Committee

Blacklisting has always been a curse in both the oil and construction industries. But employers have always denied its existence. However now with the discovery and exposition by the Information Commissioners Office of a list of 3,200 names construction trade unionists held by an organisation entitled The Consulting Construction Database, and naming of so many multi-national construction firms, who used and paid for this blacklist, this has provided undeniable evidence and proof of the blacklist in construction.

The blacklisting by the CACD of Brian Higgins, Secretary of Northampton UCATT Branch, is an example of just how bad blacklisting can get, and will continue to be, for all construction trade unionists if it is not stopped. Bro, Higgins has spent in total about 25 years unemployed as a direct result of the blacklist in construction. An injury to one is an injury to all, we call on the RMT Executive to support all campaigns against the blacklist.

The OILC Branch calls for the Council of Executives to ask RMT-sponsored MO, John McDonnell, to raise Bro. Higgins’s case in Parliament and to work for the existing, toothless law on blacklisting to be massively toughened to deter and punish ruthless, callous employers resorting to this vile and sinister practice that is a denial of human and trade union rights. Blacklisting makes a mockery of all employer/union agreements.

We also ask for the EC to support pursuing the struggle for justice all the way to the European Court of Human rights. Plus a campaign for a European Employment Law which criminalises blacklisting and severely punishes employers who use the practice and which forces guilty employers to pay substantial damages to those they try to blacklist.

Previous article written about this campaign.

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