Union of Construction, Allied Trades and Technicians – Written evidence (TUP0012)

Introduction

Clause 10 and Clause 11 - To restrict the Political activity of the Trade Union Movement

  1. UCATT is the largest specialist union for construction workers in the UK and the Republic of Ireland, with members both in the public and private sectors.  UCATT is the lead union among the signatories to the National Working Rule Agreement of the Construction Industry Joint Council and the Joint Negotiating Committee for Local Authority Craft and Associated Employees.  UCATT is represented on a number of construction industry related bodies by the General Secretary including the B&CE and the Construction Skills Certification Scheme.

 

  1. UCATT welcomes the opportunity to make this submission to the Select Committee and does so in the expectation that intense scrutiny of the Bill will show it to be a vindictive, barbaric attack by an ideologically motivated Conservative leadership intent on preventing any legitimate defence of workers’ rights across the UK by the trade union and labour movement. Should this Bill be passed we will oppose it by any political and industrial means necessary.

 

  1. Trade Unions are already subject to onerous legislative requirements. Under legislation (Trade Union Act 1984) unions must ballot their members every 10 years on the continuance of having a political fund. Additionally this ballot must be conducted via post and gives unions logistical difficulties and is extremely costly and time consuming. It is telling however that each time our union has balloted on the political fund a large majority have voted for it to remain in place. UCATT’s latest political fund ballot is currently taking place during February 2015.

 

  1. Members have the right to opt out of the levy under section 82 of the TULRCA (Trade Union and Labour Relations (Consolidation) Act 1992), and there are procedures laid down to ensure that unions comply with any request. UCATT members who do not wish to pay the political levy can and do opt out, with roughly 20 per cent of our membership not paying the levy.

 

  1. It should also be noted that the political fund is used for a wide range of campaigning. It does not merely exist to be transferred to the Labour Party. The union affiliation to the Labour Party is a matter of policy which is decided upon by the policy making body of the union, its National Delegate Conference that meets biennially and is confirmed in the union rulebook.

 

  1. Areas where UCATT has used its political fund in the past include: campaigning against blacklisting, campaigning for stronger safety laws, in opposition to umbrella companies and false self-employment and encouraging members to register to vote in elections.

 

  1. Trade Unions in the UK already have the most onerous restrictions on their actions through the current regulations that govern their actions. Trade Unions must have a ballot to set up a political fund, and a membership ballot every 10 years to maintain a political fund. Trade Unions already have a burdensome amount of reporting on their political activity which includes Representation of the Peoples Act 1983, TULR (Consolidated) Act 1992, the Political Parties, Elections, and Referendums Act 2000, and the Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014.

 

  1. The Government proposals in this Bill to create an opt-in to the political fund, with a small transition period of three months, then every 5 years thereafter, is overly restrictive and UCATT would argue interferes with both Article 11 of the European Convention on Human Rights (in law in UK as Human Rights Act) which protects the freedom of assembly and trade unions necessary in a democratic society. In addition Article 5 of the European Social Charter is also relevant as it identifies that national law should not be used to undermine the freedom of the right of workers to protect their economic and social interests.

 

  1. Even if this appalling measure is proved to be legal the rules on transferring members from an opt-out system to an opt in system are unworkable. Members can only give authority by post and a three month window makes it virtually impossible to hold an effective campaign and awareness raising exercise in order to ensure that members understand the changes and have an opportunity to opt-in, during such a restrictive time frame.

 

  1. Not only is there a major question about the potential government influence over the internal affairs and the autonomy of a trade union, but this is an overt attack on the historical link between trade unions and the Labour Party. The Labour Party was formed with the support of trade unionists in order that workers could be represented and have a voice in Parliament. This has been recognised by all administrations for more than 70 years including Conservative-led Governments opposed to the aims of the Labour movement. If passed this will undermine the engagement of trade unions in political engagement, seek to neuter financial support for the Labour Party and see declining political involvement across the workplaces of the UK.

 

  1. The reality is that this change in legislation would result in a massive reduction in funding to the Labour Party and the campaigning influence of unions. This is nothing more than an ideological attack on both the trade union movement and the Labour Party, being orchestrated by Government. If it was not then one would rightly question why the issue of electronic voting or opting in is not being considered? It seems like there is one rule for parties to conduct business in elections and votes which is efficient, however trade unions are prevented from utilising the same technology.

 

  1. By having to opt-in to the Political Levy and be firstly signed up to it by post or completion of a form, then every five years resigned, the size of the task would be huge for Trade Unions, who it should be remembered, primarily exist to deal with the industrial and workplace concerns of members. Trade unions do not have the staff levels or manpower to carry this task out and it would undoubtedly see a huge reduction in those opting in.

11 February 2016