Industrial Relations (Voting Procedures) Debate

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Industrial Relations (Voting Procedures)

Dominic Raab Excerpts
Tuesday 26th April 2011

(13 years, 5 months ago)

Commons Chamber
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Dominic Raab Portrait Mr Dominic Raab (Esher and Walton) (Con)
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I beg to move,

That leave be given to bring in a Bill to prohibit strike action in the emergency and transport service sectors unless a majority of employees in the unionised workforce has voted in favour of such action; to make procedural provision in relation to balloting for industrial action; and for connected purposes.

The right to peaceful protest and collective action are inextricably linked to, and bound up with, this country’s struggle for liberty, democracy and basic rights. The House will recall that it was a criminal offence to strike in Britain until 1875 and the Administration of Benjamin Disraeli. We should never forget the sacrifices made by those who went before, including the Chartists, social reformers and the early union movement, those who campaigned against child labour in the poor house and virtual slave labour under the poor laws, and those who campaigned for greater democratic representation.

Industrial action played its part in securing reform, from Annie Besant’s match girls union striking against the use of yellow phosphorous in match-making, which caused bone cancer, to the 1889 dockers’ strike in east London against the mercenary exploitation that pitted desperate workers against one another in competition for casual labour on the very harshest terms. I wonder what those heroic campaigners would have made of recent strikes over travel perks, annual bonuses and the right to retire at 50.

Despite a massive expansion of health and safety regulation, employment law and various other social protections, Britain is still episodically held hostage by a vocal minority led by militant union bosses. The damage to the British economy and jobs is immense. In 2002 and 2007, we lost more than 1 million working days because of strike action—[Interruption.] Opposition Members may find that a laughing matter, but the tax-paying public do not.

In 2009—a comparatively quiet year—we lost almost 0.5 million days, which is way more than in Germany, Italy, the US and Australia, and the last tube strike cost the capital £50 million each day, disrupting more than 1 million commuters. What is worse still is the way in which union bosses frequently rely on a minority of members to corral and coerce the majority into strike action. That is what the Bill addresses.

The number of strike ballots carried on a minority of members is increasing at a rapid rate. The National Union of Rail, Maritime and Transport Workers, led by Bob Crow, is one of the worst offenders. A third of members supported his tube strikes in the autumn of 2010. The current ballot, for which results are due tomorrow, seeks to escalate previous strike action on the Bakerloo and Northern lines and carried just 35% and 20% of support from members.

In 2010, the Public and Commercial Services Union, claimed legitimacy for a strike ballot on redundancy pay that carried the support of only 20% of its members. Unite and the Broadcasting Entertainment Cinematograph and Theatre Union have also recently led strikes with minority support.

My Bill will address that by amending the Trade Union and Labour Relations (Consolidation) Act 1992 to require the support of a majority of members—not simply a majority of those voting—for strike action in the emergency services and the transport sector to be lawful.

Let me be absolutely clear: the Bill would have stopped not the majority of recent strikes, but just those not supported by a majority of union members. Some will say, “Yes, but politicians are elected only by those who turn out to vote,” but strike ballots and political elections are fundamentally different—[Hon. Members: “Why?”] I am coming to that very point. Strike action takes advantage of an express immunity created by an exemption to the law. Without that exemption, unions could be sued in contract and tort law for the damage that they do, just like everybody else.

Strike action based on minority support allows union bosses to corral, cajole and sometimes even bully the majority of union members into supporting strike action and losing pay, when actually they want to get on with their work and their job. Guidance issued by many unions instructs all members to support strike action regardless of whether they voted for it. Then there are the widespread reports of bullying. When British Airways sacked and suspended almost 100 workers after the 2010 strike, it stated that they were mostly for allegations of bullying or intimidation made by other colleagues. The pending RMT ballot was called by Mr Crow in defence of a tube striker sacked after being accused of abusing another tube worker during a strike in 2010, and just last month his right-hand man at RMT, Mr Steve Hedley, was convicted of assault after attacking a fellow worker who crossed the picket line to work. It speaks volumes that the RMT leadership backed Hedley over the victim of that assault.

This kind of bullying is bad enough in any circumstances, but it is particularly reprehensible during strikes that cannot command a majority of support among a union’s own members. Why should a militant minority coerce, intimidate and bully the silent majority? [Interruption.] I think we are hearing the answer from the mutterings from Labour Members. Nor should the same militant minority be licensed to disrupt the wider public and damage the UK economy. This Bill will focus on strikes in the emergency services and the transport sector, where the scope for such disruption is particularly acute. The CBI, Policy Exchange and the London Mayor have all called for a threshold for strike action. Other countries, such as Denmark and the Czech Republic, have a threshold, and the Prime Minister has agreed to consider the case for reform in this area.

In truth, this is just one of the changes we need. However, the Bill is framed in terms that would at least allow for a wider debate, if Labour Members can stomach it, particularly on, for example, the case for a requirement that strike ballots specify the grievance, so that—God forbid—members are actually told what they are being asked to strike for, and so that union bosses cannot exploit a successful ballot on a specific grievance in pursuit of their own wider vested interests. Likewise, there is a case for requiring individual ballots for strikes against each legal public sector employer, so that nationwide strikes cannot be instigated on the thin pretext of some localised dispute.

The main aim of the Bill, however, is to give strikes greater democratic legitimacy. Union bosses on six-figure salaries, some elected by a small fraction of their membership, have grown out of touch with their members and with reality. The number of minority strikes shows that they are often less interested in representing all their members, and more interested in pursuing their own political agendas. Our law gives them too much power, and they are abusing it, not just to blackmail the Government, but to coerce their own members and inflict maximum damage on the wider taxpaying public. The question for the House, therefore, is: who is prepared to stand up for the hard-working majority in this country? These proposals will support the silent majority struggling and striving across both the public and private sectors. I commend the Bill to the House.