CPGB-ML » Posts for tag 'ucatt'

The case of the Shrewsbury 24 – an object lesson in the workings of the state and the treachery of our social-democratic misleaders

United We Stand is a gripping theatrical account of the case of the Shrewsbury 24, currently on tour around independent theatres in Britain.

United We Stand is a gripping theatrical account of the case of the Shrewsbury 24, currently on tour around independent theatres in Britain.

Some episodes in working-class history remain stubbornly in the collective memory, resisting all efforts either to consign them to oblivion or ‘reinterpret’ them to make them fit the bourgeois falsification of history. One such episode was the persecution of building workers back in the seventies, thrown into jail for the ‘crime’ of picketing construction sites to persuade workers to join the 1972 builders’ strike.

The central issue of the strike was the battle against the ‘lump’ – the practice whereby workers were hired on a daily basis and paid in cash, robbing them of all employment rights and also putting downward pressure on the wages and job security of contracted employees. The strike itself, which achieved some of its aims, concluded after three months. But for the Shrewsbury 24 the nightmare had just begun.

The use of ‘flying pickets’ to spread the strike had been a runaway success, helping to close hundreds of building sites, and was a tactic which the miners were to develop in 1972 (against Edward Heath’s government) and 1984 (against Margaret Thatcher’s government). The threat of such a good example, cheering to the working class but terrifying for the capitalist state, was not lost on the powers that be, who decided to pick on one routine picket in one particular town and do their utmost to criminalise it.

Accordingly, police in the west country and north Wales spent a full ten weeks investigating what did or did not happen when 24 building workers dropped in for a chat at a construction site in Shrewsbury on 6 September. Police interrogated over 800 witnesses in a frantic effort to find, or manufacture, evidence of intimidation.

Then, on 14 February, months after the strike was over, police raided houses in north Wales, arresting six men, including Des Warren and Ricky Tomlinson (later of Royle Family fame). Further arrests thereafter brought the number up to 24 – the ‘Shrewsbury 24’.

After a jury had acquitted eight of the defendants of the charge of intimidation on the grounds of zero evidence, overruling the judge, the state shifted its ground and hit Warren and Tomlinson with ‘conspiracy’ charges – charges which were more vague but carried heavier sentences.

Both were sent down, Tomlinson for two years and Warren for three. Both correctly asserted that they were political prisoners; both took the blanket sooner than wear prison clothes, and both also undertook hunger strikes. Because of his defiant stand, Warren was subjected to a ‘liquid cosh’, consisting of increasing doses of tranquilliser – a form of violence which left him with the symptoms of Parkinson’s disease and contributed to his early demise.

Last chance to see Neil Gore’s fantastic play about the Shrewsbury 24, United We Stand, in Bristol on Tuesday 5 May. Call 07718 666 593 for tickets. £10 / £3.

Facebook event page for the showing with full details

Since his release, Tomlinson and his supporters have been tireless in pursuing justice. In 2012, Tomlinson tried to get the convictions overturned by the Criminal Cases Review Commission, and the following year he raised the issue again at the Durham Miners’ Gala. In 2014, MPs voted for the disclosure of files relating to the arrests in 1973, but still the government stonewalls.

Labour hypocrisy

As election day approaches, the Labour PR machine has scented a cost-free opportunity to strike a ‘progressive’ pose on the issue and pull in a few ‘left’ votes.

Labour’s shadow minister Lisa Nandy pointed out that the government had “no justification” for keeping the Shrewsbury 24 files under wraps, declaiming that “The minister may refuse to act, but a Labour government will act. We will release those papers with the urgency that the situation demands.”

Stirring words. Yet when Heath’s Tory government was replaced by Harold Wilson’s Labour administration in 1974, at a time when the issue of the Shrewsbury 24 was convulsing the whole labour movement, how did Labour approach the question?

Did it bravely denounce this naked exercise of class war against workers? Did it release these political prisoners? On the contrary: the Labour home secretary Roy Jenkins withstood all pleas and kept them under lock and key.

And what about when the papers relating to the case came up for release under the 30-year rule in 2002? Did the Labour Lord Chancellor Lord Irvine (Tony Blair’s former pupil master) release the papers as expected? Not a bit of it. Did the then Labour home secretary David Blunkett insist that he do so? Of course not. He duly signed them away for another 10 years under the pretext that their release was ‘not in the public interest’.

How about the TUC, did it support the campaign? Quite the reverse. The TUC did nothing beyond issuing a few ritual declarations to get the convictions overturned and the prisoners released. Still, on his release in 1975, Tomlinson sought the help of the TUC. Instead of assisting the campaign, the TUC refused to let him address the annual conference, obliging him to disrupt the proceedings to hold the labour aristocracy to account.

And what did Des Warren think? In his book The Key to My Cell, he made his disgust at the cowardice of the trade-union movement very plain, writing: “I feel bitterness, anger and loathing when I think of some of our trade-union ‘leaders’ bemoaning the nation’s ills and how the workers must endure a cut in their living standards in order to save the country from disaster – even my kids would recognise that as a load of crap. [But not evidently those who today campaign for a Labour government committed to austerity!]

“Their phoney dealing with the government (which is holding me prisoner) is to batten down the working class and force them to accept capitalist answers to capitalism’s problems. Leaders? As far as I can see, the only time some of them take a lead is when they go to the front of the queue when honours are dished out.”

Scorning those who supposed his anger was just a subjective response, Warren had this to say:

If I’ve said it once I’ve said it a thousand times that I don’t take my imprisonment personally.

The Tory government wasn’t interested in me or my 23 co-victims. They were attacking the trade-union movement and, by failing to stand by us, the Executive Committees of Ucatt and the T&G failed to protect the movement – a job they were well paid to do. (The Key To My Cell, 1982, p190)

Fight the blacklist

What has helped stir the pot and bring this burning historical injustice back to the boil is the continuing struggle to expose and resist the blacklisting in the construction industry of union reps who dare to blow the whistle on unsafe practices.

Such practices took the lives of 42 construction workers last year, 14 of whom were self-employed (the lump by any other name). Whilst the construction industry only accounts for 5 percent of the working population, it accounted for 31 percent of fatalities.

On 12 March, Home Secretary Theresa May announced a public inquiry into undercover police espionage operations targeting peaceful protests and bereaved parents of murder victims. But on the same day that the state embarked upon yet another damage-limitation whitewash exercise, the exposure of police malpractice went up another notch with the publication of a book by leading anti-blacklist campaigners Dave Smith and Phil Chamberlain: Blacklisted: the Secret War Between Big Business and Union Activists.

Launching the book, Dave Smith pointed out that

There are secret political police in the UK; they are called Special Branch, MI5, GCHQ, Netcu and SDS. These coercive arms of the state see their role as supporting big business against anyone who may threaten their profits.

Trade unions and peaceful campaign groups are viewed as the enemy. Undercover police infiltration of justice campaigns set up by bereaved relatives, anti-racist and environmental groups and trade unions is an affront to democracy – it is essential that this is part of the remit of the public inquiry announced by Theresa May.

Blacklisted workers should be consulted before the inquiry starts. Blacklisting is no longer an industrial-relations issue: it is a conspiracy orchestrated by directors of multinational companies and the security services against trade unions.

Blacklisting is not just in construction, it is endemic across UK industry from NHS whistleblowers, airlines, North Sea, retail and railways. We now know that the fire brigades’ union, Unison, CWU and NUT were also targets of this national scandal. The full extent of the corporate and police spying against trade unions demands that blacklisting is given a full standalone public inquiry of its own.”

Less then a week after publication of the book, Dave Smith was arrested on a peaceful protest outside the Construction News Awards in the Park Lane Hilton. The protest was to highlight the sacking of workers on the Crossrail project for raising health and safety issues.

One example was the sacking of employees who objected to working in the darkness without torches on their helmets. Days after the sackings, 13 workers suffered falls. Campaigners reported that the police went in mob-handed at the demo and made a beeline for Smith.

As Smith’s own book makes plain, such arrests are entirely political in character and demand a political response from unions.

As was to be expected, ‘left’ Labour luminaries are now clutching onto the coat-tails of this momentous grass-roots revolt for all they are worth in the hope of getting some reflected glory and a few more working-class votes. The reality, however, is that blacklist operations have been in full swing throughout Tory and Labour administrations alike – an immutable necessity for the functioning of the secret state.

What’s more, when the notorious Consulting Association was busted in 2009, the then Labour government declined the opportunity to criminalise the actual practice of blacklisting itself, outlawing only such instances where it could be proved that someone had been forbidden employment on the sole grounds of a negative comment on a blacklisting database – a basically impossible requirement which lets MacAlpine and the rest of the unsavoury bunch completely off the hook.

Unite: the gloves come off?

On 19 March, Len McCluskey took to the columns of the Guardian with an article with the promising title ‘Unions must be able to fight for workers – even if it means breaking bad laws’.

He reported that the previous week Unite had decided to recommend “the deletion from our rules of six little words that have governed our union’s actions: ‘so far as may be lawful’”.

McCluskey reassured the fainthearted that “Our executive wants these words gone not because we are anarchists, not because we are suddenly planning a bank robbery, but because we have to ask ourselves the question: can we any longer make that commitment to stick, under any and all circumstances, within the law as it stands?”

The answer, coyly withheld until the final paragraph, was basically ‘No’. “When the law is misguided, when it oppresses the people and removes their freedoms, can we respect it? I am not really posing the question. I’m giving you the answer. It ain’t going to happen.”

McCluskey then pointed out the way in which the vagaries of the postal ballot undoubtedly help capitalism to sow confusion and litigation whenever a strike ballot is under way, and seemed to unveil a plan whereby future ballots would be conducted electronically. “We will drive forward with modern technology and use it to increase turnouts in our ballots without being shackled by prescriptions – such as postal ballots – imposed in another age. We are not going to let the Tories destroy our democracy by shackling us to archaic procedures.”

What this ‘grand new plan’ (or storm in a teacup) neatly sidesteps is the rather more important fact that, under both Tory and Labour regimes, ‘our democracy’ has been comprehensively violated for decades by legislation that dares to impose preconditions on the exercise of the right to strike.

In truth, the right to strike, curtailed as it is in practice, is not really ‘hanging by a thread’ (as McCluskey suggests) but has long since ceased to have any real meaning at all. Modernising the method by which unions submit to state scrutiny of their internal affairs does nothing to deal with this fundamental reality.

McCluskey is right: unions should resume their proper function and act as fighting organs of the working class. Yet so long as the argument is cast exclusively in terms of the need to struggle against evil Tory governments, letting Labour off scot free, the real character of the political struggle of labour versus capital will remain obscured.

At one point in the article, Len tells us that the Labour victory in 1997 was “one of the happiest days of my life”, and it is clear that, even after experiencing what followed, he still preserves the belief that a vote for Miliband will somehow soften the blows of austerity and give the unions a fairer deal in the courts.

The happiest day for the trade-union movement, meanwhile, will be when it wrenches itself free from its enslavement to the imperialist Labour party and uproots the debilitating influence of social-democratic misleadership.

Blacklists: still hitting the fan

Trade unionists protest against blacklisting in central London, 9 February 2013

Trade unionists protest against blacklisting in central London, 9 February 2013

This article is part of the industrial report that was presented at the 9 February meeting of the CPGB-ML central committee.

Three years on from the half-hearted raid on Ian Kerr’s ‘Consulting Association’ blacklisting scam and his conviction on data protection offences, the scandal is refusing to go away. (See Proletarian, December 2012)

Instead, thanks to the efforts of the Blacklist Support Group and workers fighting for redress both in the High Court and in the European Court of Human Justice, more and more is coming to light about the blanket surveillance of workers – in the construction industry and elsewhere.

It turns out that the CA blacklist was used for high-end government projects including the Olympics, the MOD, Portcullis House and the Jubilee Line, and speculation is mounting that blacklists were used in recruiting for Crossrail.

Whilst the range of building companies involved in snooping extends to just about every major operator, pride of place in this rogue’s gallery has gone to McAlpine, run by family scion Callum. He acted as chairman of the CA between 1993 and 1996, and all CA meetings took place at his office.

Under scrutiny by the Scottish Affairs Committee, McAlpine pleaded ignorance or a poor memory, but confessed to heavy use of the blacklist throughout 2008, ‘excusing’ himself on the plea that he was chasing ‘illegal’ immigrants, not union militants! Just how much there was to cover up became clear given the circumstances surrounding the company’s action in paying off Kerr’s £5,000 fine, his legal expenses and the redundancy pay-outs to CA’s staff.

Whilst Callum McAlpine got out the violin, claiming that the pay-off was a “humanitarian and reasonable action”, everything was done at the time to conceal the cosy McAlpine connection. McAlpine’s head of human resources, David Cochrane, himself acting as the last chairman of the CA, warned Kerr to hide the hush money in his daughter’s bank account.

As Kerr told the Scottish Affairs Committee in November, shortly before his death: “I had put myself at the front and took the flak … so that they wouldn’t be drawn into all of this. They would remain hidden.”

Now that Labour is out of the driving seat, there is much sound and fury to be heard at Westminster, with indignant opposition benches deploring the refusal of the ConDem government to take the blacklisting scandal seriously. It will be recalled, however, that Labour had the opportunity in 2009, when the scandal broke, to deal with the issue.

Indeed, Mandelson put an amendment to the Employment Relations Act through in 2010, supposedly fixing things. Yet it rapidly became clear that nothing had really changed. As the law stands, blacklisting as such is still neither unlawful nor a criminal act.

To get redress, it is necessary for the blacklisted worker not only to prove that he has been blacklisted, but also that his inclusion on that blacklist is the sole reason he is turned down for a job – a well-nigh impossible task, especially given the legal resources commanded by the companies.

And in any case, how can you seek redress if you don’t know you are on a blacklist in the first place? As of autumn 2012, only 194 of the 3,213 workers known by the Information Commissioner’s Office to have been blacklisted are aware of the fact. Nor is this surprising, since you can only find out if you are on a blacklist by phoning up the ICO and asking them.

Some might not unreasonably fear that asking the question is itself asking for trouble.

Labour in government had ample opportunity to ban blacklists in 2009. It failed to do so for the same reason as every other Labour government in history: because Labour is just as much a servant of the bourgeoisie as are the Tories against whom it rails.

Surveillance of workers did not begin with Kerr’s racket. The Consulting Association began its career in 1993 by paying £10,000 for an already-existing database of blacklisted names. The source of that database was the Economic League, of which Kerr was himself an employee.

The League was founded in 1919 to root out communist and left-wing organisations and individuals. Working closely with the British Empire Union fascists, it played a key role in attacking the general strike in 1926. Its founder had led the Naval Intelligence Division of the Admiralty through the first world war, and the chairman of the BBC sat on its council.

Through the 1960s, 70s and 80s, the League ran a comprehensive blacklisting service. Despite being regularly exposed in the press of the time, it seemed to enjoy a charmed existence, until the heat from a parliamentary inquiry in 1990 finally obliged the company to formally dissolve itself – only for its work to be taken up again by Sir Robert McAlpine and the Consulting Association.

The bourgeoisie can have every confidence that Kerr’s work will now be taken up again by other hands working to an identical agenda – until such time that the workers’ movement frees itself from the suffocating Labour embrace and takes meaningful action to stop it.

Just how corrupting an effect social democracy has upon the trade-union movement is clear from the evidence now emerging of collusion between some unions and the Consulting Association.

According to Construction News: “Evidence has emerged that suggests union representatives may have ‘liaised’ with contractors to blacklist workers from construction jobs. But an investigation by Construction News has uncovered documents that suggest union officials may also have provided information to the blacklist.

One of the files from the blacklist, seen by CN, describes a worker, Michael Anderson, as ‘not recommended’ by Amicus … Mr Anderson’s redacted file says: ‘1997–1999. Worked at JLE [Jubilee Line Extension] during electricians’ dispute but not involved in any actions. 2005 Oct 26: Information received … that the above is ‘not recommended’ by Amicus.’ It adds: ‘Above information came from [redacted] of Amicus.’

Mr Anderson’s summing up is damning: “I am an ordinary spark. I have spent long periods in unemployment. It is not just financial. It is everything.”

This echoes the testimony of another blacklisted electrician, Steve Acheson, the leader of the EPIU’s Manchester branch. Confronted with evidence related to union involvement in the collection of blacklist data, he told Construction News: “I have been a union member my whole life. It is a very hard decision whether to sue. But I have worked just two years in the last 12. Knowing that part of the reason is because of union involvement is very difficult to take.”

The January 2013 edition of Site Worker had this to say: “When it came to light, after the Information Commissioner’s Office exposed the Consulting Association’s construction blacklist in 2009, that some Unite and Ucatt officials had allegedly been supplying information about rank-and-file union members directly to the CA, a new trade-union low had been reached …

Unite and Ucatt are disgustingly and disgracefully trying to cover up the conduct of these officials and to sweep this under the carpet. It has been reported that, in 2006, the then general secretary of Unite, Derek Simpson may well have known about the CA and its activities yet did not act.

Cleaning up the unions must begin by breaking the link with Labour.