Unite Executive Council Report September 2019unitealliance.org/wp-content/uploads/2019/09/... · • Meeting with NO Joe Clarke and Kuehne Nagel convenor. ... o Re-energise the Union’s

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Unite Executive Council Report September 2019

Previous Executive Council Minutes from June 2019: Read and Adopted

Minutes of Special EC from 22nd June: Read and adopted

FGPC minutes from 18th July: Read and Adopted

General Secretary’s Report Activities of the General Secretary for the period since the Executive Council meeting

of June 2019:

Public Meetings and General Events

• Attended TUC Executive and General Council Meetings;

• Attended Durham Miners Gala.

Political, International and Inter-Trade Union Matters

• Meeting with Owen Jones

• Meeting with Jon Trickett MP and Ian Lavery MP at Westminster.

• Meeting with Jen Gavito, Minister Counselor for Political Affairs; Jason Ullner,

First Secretary for Political Affairs and Naomi Chalupczak, Political Analyst from the

US Embassy in London.

• Meeting with Stephen Cavalier of Thompsons and Jo Stevens MP.

• Meeting with Naz Shah MP.

• Meeting of the Big 5 union GSs.

• National National TULO meetings at Westminster.

• Meeting with John McDonnell at Westminster.

• Attended Installation of New Officers of the USW in Pittsburgh, Pennsylvania.

• Special TULO meeting.

• Meeting with John Healey MP.

• Meeting with Comms Director Pauline Doyle and AGS Howard Beckett regarding

Unite’s “No Deal” campaign.

• Meeting with the Mayor or Istanbul, Murat Ongun.

Administrative and Organisational Issues

• Meeting with CoS Andrew Murray; RS Paresh Patel and ExDir Ed Sabisky

regarding

Derby/Leicester Regional Office proposal.

• Attended RO Grievance Hearing

• Meeting with Cos Andrew Murray and HRD Barbara Kielim re Sick Pay.

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• Meeting with Dave Anderson and Ross Forbes – Friends of Durham Miners Gala.

• Meeting to discuss the National BAEM Officer Survey Result with NO Colenzo

Jarrett-Thorpe, RO Fazia Hussain-Brown; NO Harish Patel and HRD Barbara Kielim.

• Regional Secretaries meeting during Rules Conference in Brighton.

• Meeting with Unite’s JUNSC reps regarding Sick Pay.

• Meeting with EdD Jim Mowatt and ExDir Ed Sabisky regarding Energy &

Sustainability

Assessment with Retrospective Design Appraisal for Birmingham.

• Meeting with NO Louisa Bull.

• Meeting with PD Anneliese Midgley; CD Pauline Doyle; AGS Howard Beckett;

CoS Andrew

Murray and COMMS Jenny Walsh regarding 2019 Labour Party Conference.

• Meeting with AGS Howard Beckett regarding the post of National Youth Co-

ordinator.

• Meeting with NO Joe Clarke and Kuehne Nagel convenor.

• Conference Call with Regional Secretaries regarding Accredited Companions.

• Meeting with EC member and Chair of Service Industries NISC, Howard Percival.

• Meeting with AGS Gail Cartmail regarding Construction.

• Meeting with HRD Barbara Kielim regarding SE issues.

• Meeting with NO Louisa Bull.

• Meeting with EC Chair Tony Woodhouse; AGS Howard Beckett; EdD Jim Mowatt

and HRD

Barbara Kielim regarding ULF.

• Meeting with NO Jerry Swain, NO Ian Woodland, AGS Gail Cartmail; members of

the

Construction sector; officials with a construction allocation and EC members plus the

NISC co-chairs.

• Meeting with EO Sharon Graham regarding figures and the TUC.

• Meeting with HRD Barbara Kielim; Officer Reps. Ian Methven and Mike Eatwell

re: Rule 27.

Constitutional Committees and Industrial Matters

• Telephone call with Stuart Rowley, European VP Ford Motor Company.

• Bilateral meeting with Secretary of State, Stephen Barclay at No 9 Downing Street.

• Meetings with DCoS Adrian Weir regarding 2019 Rules Conference.

• Attended Unite’s 3rd Rules Conference in Brighton.

• EC meeting during Rules Conference in Brighton

• Meeting with David Connell HRD and Xavier Chereau, Exec VP/HR/Digital & Real

Estate of PSA.

• Meeting with AGS Diana Holland regarding the current BA dispute.

• Meeting with NO Oliver Richardson, AGS Diana Holland and RS Peter Kavanagh

regarding BA pay dispute.

• Meeting with NO Oliver Richardson and EC member Jas Gill.




• Meeting with AGS Diana Holland; NO Oliver Richardson; RS Peter Kavanagh and

RO Wayne King regarding the HAL dispute

Principal Speaking Appearances

• Durham Miners Gala

Media

• Morning Star article;

Filming

• Script filming for Durham Miners Gala promotional film from NEY&H region.

• Preparatory portrait photos taken by artist Daniel Fooks for a portrait to be displayed

at

Conway Hall next year, along with others of people on the left.

Interviews

• With Iain Dale at the Edinburgh Fringe Festival.

• With Donald Macintyre, Prospect.

• Pre-record Interview for BBC Radio 4’s World at One with presenter Mark

Mardell.

At this stage a remit from the NW Region Calling on the EC to allow RISCs to revert

to previous meeting minute’s format was considered. In light of the change of rule

(agreed at Rules Conference) on the taking of comprehensive minutes, this was

agreed. It was also agreed at this point that RISC’s would have the availability of

MSA’s to take minutes if they so wished.

ORGANISING REPORT

Work, Voice & Pay Work, Voice & Pay, our industrial strategy is designed to help deliver co-ordinated

bargaining and improved central support for our Shop Stewards and Representatives

on the frontline. The Executive Officer is continuing to develop the overarching plan,

but the central focus on core workplace issues remains the same:

• To intensify focus on core industrial work.

o Re-energise the Union’s industrial ‘brand’.

• To improve industrial outcomes.

o Deliver better T&C’s and more effectively fight for jobs.




• To be better prepared industrially.

o Strike ready workplaces.

o To be proactive as well as reactive.

• To echo industrial demands politically.

o Manifesto for the Workplace – Workers’ Voice.

Rules Conference 2019: Collective Bargaining included in the Rule Book Delegates at our Rules Conference in June made a particularly important statement of

intent with regard to our role in the workplace. Thanks to this motion collective

bargaining is now enshrined in our Rule Book for the first time. A central aim of the

Union is now set to extend collective bargaining and the role of Union organisation in

redistributing wealth and power is formally acknowledged.

New Clause 2.1.3:

“To extend collective bargaining and bring more workers under collective bargaining

agreements, this being the best and most effective means of distributing wealth,

improving the wages and conditions of workers, and giving workers collective power

in the workplace.”

WVP toolkit: New Database for Collective Agreements We are pleased to confirm that the first edition of the new Database for Collective

Agreements was launched on the 6th June. Progress has already been made in

populating the database and as of 26/07/2019 there are 341 collective agreements

covering 4,590 workplaces accessible for Shop Stewards and Officers / Organisers to

search and analyse.

We have now added what we hope will prove to be useful help videos to the Work, Voice, Pay section of the Unite website. We want to encourage as many of our Shop Stewards as possible to upload their collective agreements to the database. We now have agreements covering every Sector and Region and we should be aiming to get at least a total of 500 uploaded by the end of the year. WVP toolkit:Pay Claim Generator(PCG) and Employer Profile Generator (EPG) We continue to develop both the PCG and EPG. Alterations and improvements are made every quarter based on an assessment of the feedback we receive. PCG Stats as of 26/07/2019 The Pay Claim Generator continues to grow and remains an essential part of the WVP toolkit. We have had 48,755 users and 10,621 pay claims have been produced since the launch in March last year. Since Launch (March 2018): • Shop/Stewards/Reps and Officials logged onto the Pay Claim Generator – 48,755




• Pay Claims Generated – 10,621 Since last EC: • Shop/Stewards/Reps and Officials logged onto the Pay Claim Generator – 6,109 • Pay Claims Generated – 1,079 Employer Profile Generator Stats as of 26/07/2019 We are pleased with the progress of the Employer Profile Generator. The trend for usage continues to grow as more activists become aware of its existence. We have changed the methodology for calculating the number of users so that we can more accurately and conservatively record progress. Since Launch: • Shop/Stewards/Reps/Officers logged onto the Employer Profile Generator – 13,357 • Employer Profiles Generated – 1,881 Since last EC: • Shop/Stewards/Reps and Officials logged onto the Employer Profile Generator – 3,780 • Employer Profiles Generated – 844

MANUFACTURING REPORT

As in previous manufacturing reports the sector as a whole continues to suffer, as UK

Plc bears the brunt of on-going uncertainty over the UK’s future relationship with the

EU and the growing potential for a hard, no-deal Brexit, now on 31st October 2019

following the election of Boris Johnson as leader of the Conservative Party and

therefore Prime Minister, increases. Unites manufacturing sectors have taken a

number of initiatives including a very well attended, cross party manufacturing lobby

of Westminster to highlight the campaign to say ‘No2NoDeal’.

Manufacturers are being forced into diverting significant amounts of time, resources

and money (an estimated £300 million to date), into stockpiling components and

supplies to avert on-going fears about supply chain disruption, while suppliers and

first/second tier component manufacturers, with little flex in human or financial

capital, simply cannot address the demand for stockpiling or red tape associated with

no-deal customs declarations. Meanwhile we continue to hear from global

corporations their concerns and indeed threats to future investment in the UK, from

Airbus and Roll-Royce to BMW, JLR and PSA. PSA going as far as to say their

planned investment in the new Astra for Ellesmere Port is now dependent on the UK’s

future relationship with the EU. Other strategic investments in research and

development, new tooling, product, models and plant are also drying up




with a collapse in manufacturing investment over the past period.

• Belfast’s iconic Harland and Wolff shipyard falls into administration and the

workforce takes up a 24/7 occupation to save it from collapse.

• British Steel continues as a going concern while a suitable buyer is found under the

protection of the official receiver.

• Unite and the GMB win the six month fight against 291 redundancies at Cammell

Laird without a single compulsory redundancy and 20 new apprenticeships.

• GE concede to union demands to maintain the Rugby power conversion facility

safeguarding hundreds of jobs and skills for the future.

• JLR announce a £1 billion investment in three new fully electric models to be built

at its Castle Bromwich plant in the Midlands.

• Brexit uncertainty continues to stoke fear across manufacturing and the chances of a

no-deal exit increase with the election of Johnson and his imposition as Prime

Minister.

Across our manufacturing sectors this uncertainty is no longer just a side effect of

Brexit; it is the main feature. New orders, output, employment, delivery times and

stocks of purchases are measured together in the Purchasing Managers Index (PMI),

which combines these factors to gauge industry confidence. By July PMI fell to 48,

the lowest reading since 2013. This is significant because any reading below 50

indicates contraction. This suggests manufacturing output has shrunk in 2019,

although this was masked in the first quarter of the year by Brexit stockpiling ahead

of 31st March. This slowdown in manufacturing has had a major impact on UK GDP

throughout 2019. In the first quarter the economy grew by 0.5 percent, but this

declined to 0.4 between February and April and 0.3 between March and May.

Aside from - but not entirely separate to - Brexit this loss of momentum must be seen

in the context of a global slowdown in manufacturing and trade. This is partly the

impact of escalating trade tensions between the US, China, India and the EU.

The threat of a hard Brexit, whereby the UK leaves the EU without a deal, will

continue to dominate discussions across the UK’s manufacturing sectors between now

and 31st October and beyond. At best this will mean a re-run of the preparations and

stockpiling seen in March and at worst would be, to quote Make UK, ‘catastrophic.’

This is a view echoed by all of the major manufacturing trade federations. It is our

considered view that a no deal Brexit would be a catastrophic disaster for UK

Plc, and the UK economy as a whole.

The collapse of British Steel into the hands of the official receiver and not the

immediate bankruptcy sought by its owner Greybull Capital is a testament to the hard

work of our shop stewards and membership, as well as the practical working

relationship built up with the then Secretary of State for BEIS, Greg Clark and

supportive Ministers. Three months on we are now hopeful of a resolution with a




number of credible long-term business interests looking to bid for the business as a

whole and going concern. Such a relationship is yet to be forged with the new

Secretary of State, an issue to address across many Ministries and departments of

government following the recent Johnson reshuffle.

The government’s on-going failure to introduce an effective cross departmental

industrial strategy is laying UK Plc open to unprecedented fears for the future of

manufacturing. Whether it’s the failure of government to accept its role as strategic

investor in the necessary infrastructure to support the transition from the combustion

engine to fuel cell, hybrid or the full electrification of future vehicles, to a positive

integrated procurement strategy supporting manufacturing and our ‘Buy Local / Build

UK’ strategy.

Bombardier’s operations across Northern Ireland remain ‘up for sale’ as part of a

wider divestment strategy of the parent company for their aerostructures business. On-

going discussion are taking place on future guarantees and protections for our

members in the event of a sale. Across Northern Ireland we see the serious threat of a

complete collapse in manufacturing, with Harland and Wolff falling into

administration and Wrightbus seeking further investment and loan guarantees to

protect is operations in Ballymena. Harland and Wolff have been forced into

administration following a refusal of government to protect the business as a going

concern, as had been the case with British Steel, following the collapse of its parent

company into bankruptcy in June. The shipyard is iconic and a remains a viable going

concern, despite the completely unnecessary loss of an £80 million contract following

the administration. This executive should pay a special tribute to the actions of the

workforce, and our convenor and local officer, in taking immediate steps to occupy

the yard, on a 24/7 basis. An occupation that has put the yard on the global map and

seen three serious investors come forward with future plans for the yard. The

occupation will continue until a suitable buyer for the yard as a going concern is

secured.

Despite our on-going concerns over the future, we have seen some positive

developments over the past quarter, despite record first quarter losses in 2019 JLR has

committed a £1 billion investment in its XJ replacement and new range of electric

saloon cars to be built at Castle Bromwich and the BMW confirmation of the electric

Mini at Cowley. Further, while we are aware of PSA’s Brexit concerns over its

investment in Ellesmere Port, if they or any other company think we will simply sit

back an accept their withdrawal, scaling back or undermining in any way of UK

plants without a fight, they should think again. We will not allow corporations to

exploit the uncertainty of Brexit to undermine our collective agreements, union

organisation or further investment plans.

Despite the difficulties above, we have secured some significant victories we can be

rightly proud of over the past period: in addition to the investment at JLR and BMW,




the fight to retain the GE power Conversion business at its home in Rugby has been

successful, a fantastic victory and a tribute to the work of our shop stewards and of

the union as a whole in its industrial and political work. Additionally, we have finally

signed off without a single compulsory redundancy, an agreement to end the long

running dispute at Cammell Laird, with not only a secure future for the 291 workers

under threat of redundancy but a commitment for 20 new apprentices for the yard

starting in September. I want to put on record my thanks to all those involved but

particularly our shops stewards, at GE and at Cammell Laird, who gave confidence to

our membership to take the action necessary

to win.

Further afield, the on-going refusal by the MoD to recognise the disastrous

consequences of their decision to issue an international tender for building of three

Fleet Solid Support Ships is only adding to pressure on UK yards. We’ve seen the

closure of Appledore in North Devon and the forced administration of both Harland

and Wolff in Belfast and Ferguson’s on the Clyde. This is seriously undermining our

capabilities for the future as well as thousands of skilled job right now. We continue

to pressure the Scottish parliament to nationalise Ferguson’s and the UK government

in the absence of any action to bring together the Northern Ireland Assembly, to do

the same at Harland and Wolff, as well as making powerful representations to the

Defence and Business Select Committees. We will

continue to make all and any arguments necessary to place the order with the UK

consortium, alongside a pipeline of future work necessary to maintain jobs and skills

and to ensure we maintain the UK’s future capacity and capabilities. This includes on-

going positive discussions over the reopening of the Appledore shipyard.

Finally, we continue to work closely with all appropriate trade bodies, government

and the Labour front bench on all issues affecting our members both here and

internationally and we will continue to do so. We are developing our ‘Manufacturing

Matters’ industrial and political strategy with our sectors and have started a major

consultation exercise with our NISC’s and RISC’s with a view to launching a sector

wide industrial strategy proposal and campaign later this year.

SERVICES SECTOR

Construction, building materials and associated suppliers are hard hit by the sector’s

tagnation. Examples in the private sector that have led to this and the forecast decline

2020 and 2021, include Japanese disinvestment in two nuclear new builds, the

mothballing of major projects, contractors withdrawing from sites, e.g. MGT, plus

market uncertainty for example financing Sirius Minerals Polyhalite (‘Yorkshire

potash – organic fertiliser) mining. This all adds up to a reduction in employment in

areas hardest hit by decades of underinvestment – not least Teesside and North Wales.




That is why investment in government funded major infrastructure projects is of

critical importance. I will provide

an update on Unite’s campaign to unionise HS2 and lobby for the extension to Leeds

and Manchester.

AGS Gail Cartmail & AGS Howard Beckett met Dave Smith BSG and Frank Morris

EC and agreed the structure and process to underpin the Unite investigation into

alleged officer collusion in blacklisting. Advice of evidence gathering and process has

been sent to construction NISC, RISCs and branches. A major trade union conference

'Undercover Policing and the Trade Unions: The Political and The Personal' is taking

place at the University of Greenwich on Saturday 16th November 2019. The event is

jointly organised by the Blacklist Support Group and their sister campaigns Police

Spies Out of Lives and the Campaign Opposing Police Surveillance (COPS). The

conference is officially supported by UNITE the Union. The EC is urged to promote

and publicise this event.

Asbestos is a key issue for all sectors and currently in GDPC specifically Sea King

Helicopters exposure to past and present employees and for MOD Guards at DE&S

Ashchurch.

The AGS attended the celebration of the 25th anniversary of Unite’s Faith Worker’s

Branch, a multi-faith group with impressive self-organisation including a helpline

tacking bullying, harassment and other job related issues faith workers experience.

A range of sectors are engaging with reps, members and employers on tackling mental

health needs, for example following the CY&NfP member survey the sector is

negotiating specific policies. Unite in RBS are moving forward the equal pay victory

in respect of Lucy Williams into collective bargaining with meetings set up for

October. Period Dignity agreements have been signed up by Unite at L&G and

Diligenta. I attended the Barclay’s Unite Pride celebration in Sunderland, a terrific

event at which many new members were recruited – and met the team that handled

the homophobic backlash from customers who objected to Barclay’s Pride logo. The

sector has signed two new recognition agreements – JN Money UK Ltd and JN Bank.

The Public Sector Combine held another useful meeting with detailed briefings on

public sector pensions, the exit cap consultation and in-sourcing. The LA working

group work on the pay claim, reclaiming collective bargaining, tackling pay

regression and working hours is detailed in this report. Notable is the sector’s work

with Labour’s shadow team on insourcing and the pilot course, ‘Influencing Local

Government’.

Within the comprehensive Health Sector report is industrial action by a range of

groups. This includes the unprecedented strike – nine days – by health visitors

employed by Lincolnshire County Council. Established 123 years ago the foremothers




of present day health visitors in Unite, campaigned alongside the likes of Sylvia

Pankhurst for public health and disease prevention, women’s suffrage and opposed

child poverty, neglect and abuse. Our 58 members have rejected a divisive ‘buy off’

of some members and the Executive Council got an update of the next stages of their

campaign.

TRANSPORT AND FOOD SECTORS

BUILDING UNITE IN TRANSPORT & FOOD

Across Transport & Food sectors, Unite’s membership is reporting a net increase. As

previously, it is the significant increase in Civil Air Transport that is particularly

important, together with a steady ongoing net increase in Docks and Rail, and the

minor net decline in Food, Drink & Agriculture. While there are also net declines in

Road Transport, Warehousing & Logistics, and Passenger Transport, these sectors are

still growing significantly, offsetting decline. Membership information reports

developed with research in Transport to support a more strategic approach have now

been presented to all 4 Transport National Industrial Sector Committees, and this is

also developing with Food, Drink & Agriculture.

ORGANISING IN TRANSPORT & FOOD

Across Transport and Food Sectors, there is increasing progress in moving away

from the “agency worker model”, with agreements to move agency to core workforce

and temporary to permanent. In CAT, Ryanair, Unite’s membership continues to

grow.

In FDA, Avara Foods has suffered declining membership in some areas and the threat

of derecognition by the employer if there is no change. There is identified potential of

3,000 members, and a strong campaign plan has been drawn up by the National

Officer which is now being moved forward.

In RTCW&L, UPS coordinated action between London & Eastern region and the

National Negotiating Committee/National Officer, the sector, region and organising

department, has led to growth in membership and more shop stewards

“STOP A DISASTROUS ‘NO-DEAL’ BREXIT”

Transport and Food Sector members joined Manufacturing members on 24 July to

lobby Parliament over this vital issue in terms of our members’ jobs, conditions and

the future of major sectors and our economy. Food security and safety is a vital issue

for everyone, and the impact of transport distribution uncertainty across all sectors

and communities is stark.

The AGS met again with Minette Batters President of the National Farmers Union in

Smith Square to further discuss key issues relating to Brexit, and this was also an

issue of concern at the Downstream Oil Distribution Forum where discussion




focussed on tariffs and their reach, uncertainty over the new PM, forward planning. It

was noted that there is a round table meeting for the sector employers on Brexit.

DOWNSTREAM OIL DISTRIBUTION FORUM

The latest meeting was a vital one for this important group of our members in

RTCW&L. Over 12,000 petroleum driver passports now issued, pass rates for written

and practical assessment, and annual refresher. The standard relating to petrol

forecourts is developing, and a full discussion took place on the key issues of Lone

working and Security. It was agreed to take this forward in a further sub-group with a

view to developing the appropriate

minimum standard. Support for these proposals came from across all parts of the

DODF, and demonstrated again how our members in downstream oil distribution are

challenging the ‘race to the bottom’ and ensuring community safety, while advancing

key issues for our members.

TRANSPORT WORKERS AND CHANGE UNITE FILM & ITT CONFERENCE

2019

Plans are underway to develop the film as agreed at the Transport Sectors joint

working group, and our thanks to campaigns and communications.

The AGS was a keynote speaker with ACAS on “The Opportunities of Change” at the

2019

Institute of Travel & Tourism Conference held in Split, Croatia in June. Also the AGS

attended sessions led by key players in the sector, including on sustainable travel and

aviation, Brexit impact, BA centenary, blind and disabled travellers.

FOOD, DRINK & AGRICULTURE STRATEGY

Plans are underway to take forward the “New Beginnings” in FDA, following the

more strategic approach developing now that two National Officers are in place for

Food Manufacturing, Drinks and Beverages, Food Retail, Agriculture & Fresh

Produce. Following contact with all regions regarding officering in FDA and ensuring

greater understanding across the union of key issues for the sector as a whole, we are

now making arrangements to bring regional officers together. This will strengthen the

strategic approach needed to rebuild membership and ensure ecognition of Unite as

the major union for Food, Drink & Agriculture.

The Centenary of the Landworker the paper/magazine of the former agricultural union

continued into Unite, has been widely marked. This has included at Tolpuddle and

plans are in hand for a fringe meeting at the TUC Congress in September.

GANGMASTERS & LABOUR ABUSE AUTHORITY GLAA LICENSING

There are currently 1,033 GLAA licence holders in GLAA regulated sectors :

agriculture, horticulture, shellfish gathering, and any associated processing and

packaging – sectors core to Unite’s FDA sector, which is why we were central to the

establishment of licensing and the GLAA (formerly GLA) itself. The most common

areas of licence non-compliance are : the licence-holder “not being fit and proper’




(honesty/credibility issues), competency, tax and workers’ pay; and the most common

issues dealt with by inspection officers are : non-payment of holiday pay, not

receiving a P45 and being held on the books, not being paid from time called in to

work, no payment for inductions, using micro-companies to transfer workers without

their knowledge.

TRANSPORT & FOOD – industrial

• BA pay negotiations; discussion with General Secretary, National Officer, Regional

Officer, Legal Department and others involved. Contact with Alex Cruz CEO British

Airways

• First Bus – discussions with National Officer following letter from First Group and

announcement on sale of First Bus. This has been strongly responded to.

• Rail subsector discussions with National Officer in relation to Unite in Rail

Engineering, Maintenance and Manufacturing, CSEU Network Rail developments,

Bombardier and Hitachi, Talgo, Rail Supply Group, Unite Rail reps meeting

• Passenger Transport NISC in Liverpool to discuss key issues for the sector and the

development of the Transport and Change film. Also met with Manchester Bus

Campaign to discuss key plans and how Unite is involved; and have been in contact

regarding plans for activities to Celebrate the Bus in the coming year

• FDA discussions with National Officers in relation to Heinz, Sainsbury’s

EQUALITIES REPORT Rules Conference 2019 and Unite Equalities

A number of important decisions were taken at Rules Conference to ensure equality at

the

heart of our union. This is also to confirm the commitment to supporting

implementation of the Rule amendments and taking forward the Equality Task force

established by Rules Conference.

A very well-attended and positive Unite Equalities Fringe meeting took place during

Rules

Conference called : “It’s Time for Equality – No turning back the clock!” The

meeting included a powerful analysis of the impact of austerity on equalities and the

need to mobilise and organise, resisting the pressures to divide. In addition to Unite

Reps, Wilf Sullivan from TUC Equalities supported the fringe.

Since the Rules Conference the AGS : • has met with the National Women’s, BAEM, Disabled Members and LGBT+

Committees to report back on the decisions taken, and to thank everyone for the

positive way in which they had responded to the proposal to draw up the EC

Statement on Equalities and the Equality Task force, both of which were welcomed

by the Committees




• has been taking steps to identify key issues and discussing with a range of people the

concerns which were raised during the Conference equality debate about ensuring

Unite support for all facing the “hostile environment” on immigration, citizenship and

nationality. This obviously also links with the Brexit specific legal helpline we have

established as well as the Unity over Division campaign

• held National discussions have been held between Unite disabled members and

Unite Community to discuss first steps in the development of regional liaison

structures

“It’s Time for Equality!” Unite support for reps and members

Increasingly, there is the need to make the case for union action on equality. With all

the pressures being faced, it is essential that there is recognition of the importance of

action on

equality in building and strengthening our union and our achievements. Unite are

therefore

developing a pack of equality cards to make the case and provide the support in a

short, accessible and straightforward way.

Unite evidence to the Low Pay Commission

The AGS again led the Unite team to present our submission to the Low Pay

Commission regarding the rate of the National Minimum Wage for the coming

period. In addition to confirming Unite’s evidence that an uplift to £10 will be

positive for low paid workers, communities and the economy alike, we supported the

ending of unfair age rates, and the role of the minimum wage in tackling the gender

pay gap and other pay gaps. We highlighted issues around zero hours contracts, bogus

self-employment and other ways of working which deny basic rights, as well as

calling for migrant domestic workers’ rights to be restored so they can truly have

access to the national minimum wage. We also rebutted challenges to the higher rate.

TUC and Labour Party and Equality

Unite has played a central role and made important contributions at TUC Disabled

Workers

Conference and TUC LGBT+ Conference.

Unite has responded to the TUC Consultation on governance structures in relation to

TUC

Equalities committees and conferences, and will respond to the next stage of the

consultation. While there are always concerns, this is an important opportunity to

evaluate

and strengthen the effectiveness of these structures, which we want to be part of.

The AGS has also attended meetings of the Labour Party Equalities Committee and

TUC Women’s Committee, and chaired meetings and evidence sessions of the Labour

Work, Pensions & Equality Policy Commission, which has now concluded its report

for the 2019 Labour Party Conference.




The Labour democracy review development of equality monitoring and equality

structures

has also been discussed during the past quarter, and Unite has fully participated.

The AGS participated in a round table “Making Ends Meet” organised by Alison

McGovern MP bringing together unions and anti-poverty organisations, which

included input from Gordon Brown and John McDonnell. Ending Child Poverty was a

major priority of the last Labour government, and it was reduced year on year. Since

2010 that progress has not just stalled, child poverty is growing again.

CSEU Congress 2019 and Alex Ferry Foundation

It was an honour to be part of the CSEU Congress at this time, setting an important

agenda,

committed to ensure implementation. I moved the motion on “Digitalisation and

Automation and its impact on women and black workers”, which was taken in a group

debate with a motion on “Shorter Working Time”. It was agreed that the CSEU will

use the

positive commitments to rebuild its strength and purpose; and the final establishment

of the Alex Ferry Foundation to take forward the legacy of the 35-hour campaign fund

was

welcomed.

POLITICAL REPORT

Political Situation

Since the EC last met we have had a change in Prime Minister of the country, a new

Cabinet, and a change in Leader of the Liberal Democrats.

Boris Johnson was selected by a Tory Party membership of around 150,000 votes to

be the 77th Prime Minister after beating Jeremy Hunt.

The result was announced on 23rd July. He won 92,153 votes (66%) to Hunt’s 46,656

votes (34%).

The Tories have elected a hard right PM and the Cabinet he has appointed is the most

hard right cabinet since the war. His premiership makes both a ‘no deal’ more likely

and a general election highly likely.

A number of ministers resigned from the cabinet before they were pushed including

Anne Miton – education, Alan Duncan – Foreign Office Minister, Phillip Hammond –

Chancellor, David Gauke – Justice secretary, Rory Stewart – International Trade and

of course Jeremy Hunt.




The rest of the report was technically out of date as the Political Situation was

changing daily, as some of the Tory party’s most senior figures got sacked from

former Chancellors Sir Ken Clarke and Philip Hammond to Churchill’s

grandson Sir Nicholas Soames. Boris Johnson’s own brother Jo Johnson even

resigned from the Government in the national interest rather than stay for

family loyalty during the week of the EC. This is all driven by Brexit which could

see Parliament force legislation against a “No Deal”, the Prime Minister pushing

for a General Election which the Opposition will oppose and win the vote. The

situation is so volatile and fluid that most statements or positions are out of date

within the week, day and even hours.

Tory Policy announcements since Boris Johnson’s election as PM

Since Boris Johnson has been elected as PM he has pushed out a flurry of election

friendly

policy announcement’s including 20k more police on the streets, 20 hospital

upgrades, less than 3 weeks waiting time to see a GP, a cash boost to front-line NHS,

fix the social care crisis, and a level up per pupil of funding in primary and secondary

schools. This is coupled with him touring the country and promising rafts of money to

regions and nations. It will be interesting to revisit to evaluate the results of these

promises.

Parliamentary Activity

Period Dignity

In the last EC report, we were able to announce the Metro Mayors for Manchester and

Liverpool, Andy Burnham and Steve Rotheram respectively, had pledged their

support to our period dignity campaign as employers in the city hall buildings in both

cities. This was a great boost to our members who work in these buildings and was a

great example of politicians practicing what they preach. We can now announce that

the Metro Mayors for London and Bristol, Sadiq Khan and Marvin Rees respectively

will shortly be announcing that they have signed up to the campaign. We have also

managed to get Parliament to sign up to the period dignity campaign meaning that

MPs are eligible to get sanitary products free for their staff and office guests to use,

which is a great step forward for the thousands of workers in Parliament – many of

whom are our members.

Parliamentary Staff Industrial Issues

As well as the success of the period dignity campaign for parliamentary staff, Unite

has also been involved in discussions around protecting our members in Parliament

from the culture of bullying and sexual harassment which thrives in Westminster. Our

latest meeting was with representatives from the Labour Party in the House of




Commons and the House of Lords – including the Chief Whip, Nick Brown and

Labour Leader of the House of Lords, Angela Smith to discuss the challenges. They

were very receptive to our suggestions for creating a better working environment for

Parliamentary staff and this was the start of what we hope is a productive dialogue on

the issue.

Toxic Air

Following the high profile fume event on board an aircraft, as a commercial jet

recently filled with smoke as it landed we wrote to the Chairs of the Transport and

Health Select

Committees to request a meeting to discuss the very real danger of aerotoxic

syndrome. Unite will continue to push for an inquiry into this on behalf of our

members who have fallen victim to this and their families, as well as to safeguard

aviation workers and passengers going forward.

INTERNATIONAL REPORT

Since the last meeting of the Executive Council the key points to note in relation to

UNITE’s international work are given in the summary below:

General context: Global political tensions remain extremely high and have increased

significantly in the Middle East with tit for tat seizers of Iranian and UK oil tankers

and the deployment of a US strike force to the Straits of Hormuz.

Turkey is massing troops on the border with Syria and threatening to launch a full

scale offensive against the Kurdish North East and Israel has launched a new wave of

Palestinian house demolitions and settlement building.

In the US Trump is increasingly belligerent in his tone supporting far right

demonstrators, threatening to designate and anti-fascist group as a terrorist

organisation, and playing an active personal role in getting two congress women

banned from entering Israel. At the same time the US is increasing pressure on Cuba

and Venezuela and fully supporting the far right Brazilian president.




Solidarity Work: In relation to Turkey and the Kurds the Unite General Secretary

visited Istanbul and met with the new mayor of the city as well as leaders of the

KESK and DISK unions and the HDP Deputy Leader.

Concerning Palestine unite supported and participated in the Palexpo event in central

London during July and is fully supporting the trade union solidarity event taking

place in October 2019.

In relation to Latin America Unite has continued to support events and activities in

relation to Venezuela (against US intervention), Cuba – forthcoming 60 anniversary

trade union conference, and Brazil – against far right president Bolsanaro and for the

liberation of jailed former president Lula da Silva.

Multinational Companies: Important meetings with the management of Safran were

held to address the shortcomings of the global framework agreement and ongoing

support was given to reps and officers in Princess Food, SPX Flow, Nissan, IAG,

Vertiv, Collins Aerospace, Menzies, Swissport, Facilicom, Norwegian Air and

Westrock.

Workers Uniting: General Secretary Len McCluskey attended the ceremony to

inaugurate the USW’s new incoming president Tom Conway as well as a host of other

new senior appointments; Workers Uniting has continued to be active in relation to

Campero/Bull Moose and Rio Tinto and has made interventions concerning the EU-

Mercusor trade agreement and the situation in Colombia and Mexico.

International and European Federations: Unite’s has continued to play its full role

in the activities of the European and global federations to which it is affiliated

including taking part in the Industriall Global Executive and Congress Preparation

committees, the EPSU congress, ITF company networks and ETF social dialogue

committee, UNI post and UNI-Europa political meetings and the BWI and EFBWW

Executive and multinationals conferences.

ADMINISTRATION AND CONSTITUTIONAL ISSUES MEMBERSHIP OF THE COUNCIL

The term of office of the current Executive Council comes to an end on 30th April

2020, it is therefore necessary to hold an election to elect the new council to hold

office from 1st May 2020 to 30th April 2023. In accordance with rule the breakdown

of constituencies based on the regional and industrial sector membership along with

the proposed timetable for this election is being circulated to the council for

consideration. The rules and guidelines for the conduct of the election will also be

circulated.




The changes to rule agreed at the recent rules conference have been incorporated into

the

guidelines. It will be necessary to draw up more detailed guidance regarding the rule

change

requiring the Union to provide webpages to candidates. These will be provided at

your next meeting in December.

NATIONAL CONSTITUTIONAL CONFERENCES

3rd Rules Conference 2019

The conference took decisions on 4 Executive Statements and 36 motions to amend

rules,

the report of the conference has been circulated for your information. There were 34

amendments remitted to the Council, 19 of which are covered by executive

statements, the report on motions remitted for your consideration has also been

circulated in advance.

A draft of the new rule book resulting from the decisions taken at conference will be

circulated. It will be necessary to look at the EC guidance on the implementation of

Rules and make amendments as required in the coming months.

National Industrial Sector Conferences 2019

Arrangements are in hand for these conferences taking place from 18 – 20 November

inclusive in the Brighton Centre. We have been advised of all elected delegates and

have written to them with information about their individual conferences. As you will

recall the deadline for receipt of motions from RISCs and NISCs is 20th September.

Elections for delegates to the TUC Conference in 2020 will take place at these

conferences and a paper setting out the scheme of representation for Unite delegations

to the conference has been circulated for consideration. In accordance with previous

decisions of the council the election of delegates to the 2021 conference will be

carried out by NISC meetings in the first quarter of that year.

National Retired Members Conference 2019

Arrangements for the National Retired Members to be held on Wednesday 20th

November at the Brighton Centre are also in hand. The deadline for notification of

delegates and submission of motions from the National and Regional Retired

Members Co-ordinating committees will be 20th September.

National Equalities Conferences 2020

In accordance with previous decisions of the Council the above conferences for

Women, Black & Asian Ethnic Minorities, LGBT+ and Disabled members will take

place from 31st March to 2nd April 2020 in the BIC, Bournemouth.




A paper setting out the distribution of delegates and the timetable for the conference

has been circulated for consideration.

6th Policy Conference 2020

The 6th Policy Conference will take place from 29th June to 3rd July 2020 in the

ACC in Liverpool. Delegates have been calculated on the basis of the recent rule

changes and the document containing the distribution of delegates has been circulated

to you separately for consideration.

REPORT OF THE 3RD UNITE RULES CONFERENCE

Full Report attached

Finance Report On a year through to 30th June 2019, Unite recorded a surplus of £6.8 million. This

result was bolstered by not having to pay the circa £1 million per month into the Unite

Pension Scheme (last year we paid the first four months) which meant that Pension

Deficit Contributions were £3.8 million lower in the first six months of 2019 than in

the same period of 2018. While the surplus was £3 million down on the surplus of the

first six months of 2018, it must be remembered that the 2018 result was positively

impacted by the one-off gain of £5.3 million on the sale of the former UCATT

headquarters in Clapham.

More specifically, Total Income amounted to £86.4 million in the 1st Half of 2019, up

£2.4 million versus the same period a year ago. Contribution Income increased by

£3.3 million in the 1st Half of 2019 versus 2018 reflecting the membership

subscription increase implemented 1st January 2019 offset by a slight loss of

membership. Legal Income fell by £0.7 million.

Property Update

In the last three months, the following progress has been made on Unite’s property

portfolio:

Leeds – Contractors on site and on course to complete in early 2020.

Dagenham – Tender completed, site start date in September, due to complete June 2020.

Leicester - Fit out to commence in Q4. Completion scheduled for Q1 2020.

Derby – To follow Leicester.

Bradford – Tenders to be issued soon, project expected to complete early 2020.

Maidstone – Refurbishment works scheduled to complete in mid-September.




Aberdeen – Refurbishment works out to tender, completion expected early 2020.

Moreland Street – M&E rectification works in progress. Completion January 2020 or earlier.

Birmingham – Construction is progressing well to hit March 2020 practical completion. First 25 bedrooms completed. Partnership with SciTech (Birmingham City’s designated developer of the Knowledge Quarter) is well established and we are jointly meeting with the City and other parties. Very positive first meeting with Birmingham City planners on Phase 2 (Multi-story Carpark and second hotel) on 27th August and with Birmingham City University (a likely big customer of conference facility and car park). Meeting scheduled with Aston University on 3rd September. The plan is to gain all party agreement to Phase 2, especially Birmingham City Council, and submit Planning Application early in 2020.

Legal Report

ASBESTOS REPORT

Asbestos Register

At the end of June 2019, the number of members on the Unite Asbestos Register was

15,624, an increase of 67 from the previous quarter.

Asbestos Awareness

Unite has long been concerned that members and former members are unaware of the

legal services provided by Unite in supporting those who have been diagnosed with

an asbestos related condition.

Unfortunately, some members have instructed non-Unite panel solicitors to pursue

their asbestos claim. This can ultimately lead to a poor service for the member and a

deduction from their compensation to pay for the private solicitors’ legal fees. By

bringing their asbestos claim with Unite Legal Services, the member will have their

claim dealt with by an asbestos specialist, who will have access to the Unite asbestos

database to provide the best chance of securing compensation. And of course, the

member will keep 100% of any compensation awarded. There are no deductions for

legal or other fees.

TOXIC CABIN AIR

A. Background & Legal Strategy




1. The background to Unite’s campaign to confront the airline industry workplace

health and

safety issue of ‘toxic cabin air’ (TCA) is covered in previous Legal Services’ reports.

2. Thompsons Solicitors are instructed by Unite Legal Services to conduct the TCA

litigation.

Following the recent appointment of the experienced, specialist industrial disease

solicitor, Tim Hayward, to the dedicated role of National Coordinator for TCA

litigation,

Thompsons are further expanding the unit by recruiting another solicitor to work full

time

on the TCA litigation alongside the team of Leading Counsel and 2 junior counsel.

B. Litigation Update

3. By April 2019, High Court proceedings had been issued and served in 53 cases

against 5

airline employers. Each member’s case was individually assessed by the expert

medical

witness in toxico-pathology who produced the supportive generic report. A

breakdown of

current claims is summarised at section C of this report.

4. At a High Court hearing on 27 March 2019, Unite Legal Services instructed

Leading and

junior counsel to present the arguments. The Defendants were also represented by

Leading and junior counsel.

5. Thompsons and our team of counsel have been conducting a detailed sift of current

claims to identify the best possible candidates as potential lead cases in preparation

for a

meeting with the Defendants scheduled to take place on 24 and 25 September 2019

when

the selection of lead cases will be discussed.

6. BA has now served their defence to the claim. The Defence denies all liability. The

Defendant's case is that cabin air is safe and not hazardous to health. The main

particulars

of the Defence are summarised as follows:

• The maintenance of air pressure and quality is achieved by air conditioning in all

large

passenger transport aircraft.

• The air conditioning and pressurisation systems of almost all large passenger

transport




aircraft involve the use of air bled off from the engines ('bleed air') and the auxiliary

power unit.

• Bleed air is circulated into the aircraft cabin and cockpit as part of the air

conditioning.

This system has been in use for many decades. The reasons why the bleed air system

is

used include fuel efficiency and safety.

• The role of lubricants in the engine and hydraulic system is of vital importance in

ensuring that the aircraft operates safely, particularly in flight. A failure because of

inadequate lubrication/lubricants could be catastrophic. The priority in respect of

engineering and maintenance of aircraft is to reduce the risk of potentially

catastrophic events such as engine failures to as low a level as possible.

• Commercial jet aircraft engines are not designed to involve zero usage/consumption

of

lubricants. Aircraft lubrication systems are designed to have a usage rate. However,

the consumption of lubricants is extremely low, and when multiplied by the very

substantial flow rate of air in the cabin and cockpit, any resulting infiltration is

negligible, and in respect of quantities of individual constituents therein is

infinitesimal.

• An EASA report on cabin air quality concluded:

(a) "This study displayed results comparable to well-known international studies on

this issue...it showed that similar airborne contaminations are also observed in

typically indoor environments like offices, schools, kindergartens or dwellings".

(b) "Taking indoor air guidelines into consideration, the cabin air is no object of any

concerns. It is worth to be mentioned that no single detected contamination reached

critical or unusual concentrations for indoor environments".

(c) That on more detailed comparison, cabin air is in fact "even less contaminated

with pollutants" than other indoor environments and

(d) That taking into account the current data situation, which indicates a very low

organophosphate incidence in aircraft, the still ongoing discussion about the so-

called "aerotoxic syndrome" remains completely incomprehensible."

• Organophosphates are not present in the cabin environment at a level sufficient to

cause any adverse health effects as a result of the bleed air system.




• Whilst the Defendants have yet to disclose any expert evidence to support their

denial of liability they have nevertheless challenged the credentials of the Claimant’s

expert medical witness in toxicology and disputed the accuracy and reliability of his

opinion on the alleged toxicity of organophosphate contaminated cabin air.

7. The case is likely to be listed for a further hearing in the High Court in November

2019 to

determine the 6-8 lead cases and set directions for the parties to disclose relevant

documents and to exchange experts’ reports and witness statements. 8. The lead cases are likely to be listed for trial in late 2020.

C. Current Claims

9. The current numbers of Unite members who have presented personal injury

enquiries

relating to claims exposure to toxic cabin:

(a) 1 case successfully concluded prior to Court proceedings

b) 166 cases are subject to ongoing investigation,

STRATEGIC CASE UNIT

Sainsbury’s equal pay claims

We are pursuing equal pay claims against Sainsbury’s for just under 1450 members.

The claims in England & Wales (just over 1,100 claims) have all been transferred to

the Birmingham Employment Tribunal to progress alongside non-union claims being

pursued by Leigh Day solicitors, whose claims have dealt with an unrelated

jurisdictional issue only arising from the manner in which their claims were lodged

and that does not apply to our members’ cases. The claims are all still at a very early

stage and, unless resolved by an objective job evaluation and settlement process, will

likely take a number of years to conclude.

The claims are what is known as ‘equal value’ claims, which require independent

experts to consider the weight of members’ retail job roles compared to those of more

highly paid warehouse comparators and there not to be a non-discriminatory reason

for pay inequality.




Sainsbury’s approach to the litigation has mirrored that taken by ASDA in the cases

they are facing. ASDA have so far failed in their pursuit of preliminary legal points;

the last being the Court of Appeal’s ruling in January 2019 that store workers are able

to compare themselves to those employed in ASDA’s warehouses. ASDA have

pursued this legal point to the Supreme Court and the Court has just (1 August 2019)

granted permission to appeal and will therefore hear ASDA’s appeal when time

permits. The Birmingham Tribunal will not progress the comparability point on our

Sainsbury’s cases, until the Supreme Court’s decision in ASDA is known. Carillion protective award claims

Council will be aware from previous reports that we have a number of protective

award claims submitted following the Carillion group companies’ January 2018

collapse. We now have details of cases across all panel firms and have 215 claims in

total for members in the South West, South East, London & Eastern, East Mids, North

West & Scotland. The claims have all been transferred to and are being progressed by

the Manchester Employment Tribunal, along with around 1000 non-union claims.

Despite there being no money left in the pot to pay their (many) creditors and all costs

therefore falling to be paid from the public purse, the Liquidator (that is the Official

Receiver) has chosen to instruct costly commercial solicitors and Queen’s Counsel in

efforts to defend the claims. This has included a 2-day preliminary hearing, which

took place on 7-8 August and set directions to progress the cases to a final hearing,

currently listed for 60 days, during September-December 2020. There appears to be

conflict in the Official Receiver’s stance in defending the claims and the investigation

that he was requested to undertake by the Secretary of State for BEIS following

Carillion’s collapse and we await a statement from the OR to confirm his position on

this. Unlawful inducement claims

Kostal UK Limited v Mr Dunkley and 54 – Court of Appeal

This is a case we have provided a running commentary on given the significance of it

to collective bargaining.

The cases relate to section 145B of the Trade Union and Labour Relations

(Consolidation) Act 1992, which prevents direct offers being made to union members

so that a term (or terms) of their employment is (are) no longer determined by

collective bargaining (collective bargaining unlawful inducements). We won the case

at employment tribunal in 2016, with members being awarded a combined total of

over £426,000 in February 2017. The employer appealed the tribunal’s decision to the

Employment Appeal Tribunal (‘EAT’) and, in December 2017, the EAT set a legally

binding precedent which was the first of its kind involving s.145B. The employer

pursued its appeal to the Court of Appeal and the case was heard on 22 May 2019.




Disappointingly the Court of Appeal overturned the decisions of the Employment

Tribunal and the EAT, in a judgment that is somewhat lacking substance and fails to

engage with the majority of the legal issues that were concisely (and in our view

correctly) addressed by both the EAT and ET itself. The Court of Appeal held that the

ET and EAT’s interpretation of the law gave the unions a right of veto over an

employer’s desire to change terms and conditions. It therefore held that a permanent

change, not one which the employer would (in the future) return to the table to

negotiate, was required for there to be a collective bargaining unlawful inducement.

This is the first time that collective bargaining unlawful inducements have been

considered by the Court of Appeal. Given the importance to collective bargaining and

the flaws in the Court’s reasoning, we have applied to the Supreme Court for

permission to appeal the decision. We await the Supreme Court’s decision on whether

they will consider our appeal, which we hope to receive confirmation of in October or

November 2019. UPDATE ON BLACKLISTING CASES

High Court litigation

As previously reported, the High Court litigation has now been concluded on

favourable financial terms for all remaining Claimants with the companies paying the

legal costs and Unite Legal Services securing the reading out of unilateral statements

in open court (see documents provided previously).

The ground-breaking training fund of £230,000 for the benefit of those who have

brought legal proceedings against the companies has now been received and

arrangements will be made for it to be administered.

Crossrail

Unite Legal Services is now pursuing a claim on behalf of a prominent activist in

relation to

blacklisting on the Crossrail project. Replies to Subject Access Requests made of

companies

including Crossrail, Skanska, NG Bailey and T. Clarke and agencies have revealed

sharing of data concerning grievance and appeal hearings. These replies have also

revealed what is described as a vetting system apparently for the purpose of denying

members of the Rank and File work.

Unite Legal Services is building the strongest possible legal case for blacklisting

relying on the Data Protection Act and the Blacklisting Regulations.

Other matters




Unite Legal Services has continued to support the appeal against the refusal of the

Scottish Court to intervene in the decision by the UK and Scottish governments to

refuse to set up an inquiry into undercover police operations in Scotland.

Unite Legal Services also continues to support the long-running campaign of the

Shrewsbury 24 against their unfair convictions for picketing during the national strike

in 1973/4.



Documents

Unite Executive Council Report September 2019unitealliance.org/wp-content/uploads/2019/09/... · • Meeting with NO Joe Clarke and Kuehne Nagel convenor. ... o Re-energise the Union’s