> From: Lawrence, Elizabeth > To: 'CAN-LABOR '; LABOR-L, trade-unions-he; work-at-edu > Subject: Strike to Protest Victimisation of Union Branch Secretary > Date: 17 February 1997 12:14 > > Strike to Protest Victimisation of Union Branch Secretary in Accrington, > Lancashire, England. > > (Please cross post to other discussion groups whose members may be > interested in this item.) > > Members of NATFHE (the lecturers' union) at Accrington and Rossendale > College are starting indefinite strike action on Monday 24 February to > demand the re-instatement of their Branch Secretary, who was sacked at the > end of last term in an act of blatant victimisation by the college > management. For details of the story please read on. > > Victimisation of union officers is recognised by all labour movement > activists as a serious attack on union organization. A particularly vicious > case of victimisation has occurred at Accrington and Rossendale College (a > community college) in Accrington, Lancashire, England. Pat (Patrick) > Walsh, union Branch Secretary and National Executive Council Member of > NATFHE (National Association of Teachers in Further and Higher Education) > was sacked on 20 December 1996, the last day of academic term. > > In recent years there has been a growth of a bullying, managerialist culture > in further education colleges, such as Accrington and Rossendale. (Further > education colleges provide education and training for young people from the > age of sixteen upwards, together with education for mature students.) In > the UK further education colleges were until a few years ago run and > controlled by local councils. They are now managed by 'independent' > corporations, often dominated by local business interests. Along with this > more macho managerial culture, there has been a bitter contracts dispute in > these colleges, with the employers seeking to impose new contracts with > longer working hours, shorter holidays and the removal of contractual > safeguards on workloads, such as limits on teaching hours and number of > evening sessions lecturers can be required to work. In this climate attacks > on union officers have become more frequent. In some colleges union members > are scared to take on official union positions, such as Branch Secretary, > because they know it means they will be targeted by management. > > Accrington and Rossendale College has had a recent history of industrial > conflict, particularly over attempts by the employer to sack part-time > lecturers and bring in agency staff. In 1996, shortly after the end of the > summer term, 340 part-time lecturers were sacked by the college. They were > told they could be re-employed if they registered with Education Lecturing > Services (ELS). This is an agency which provides part-time lecturers for > colleges. Staff working with ELS are classified as self-employed and thus > have no entitlement to employment benefits, such as sick pay, holiday pay > and maternity leave. > > Pat Walsh as union Branch Secretary was in the forefront of the campaign to > resist the introduction of ELS at Accrington and Rossendale College. He > managed to persuade his branch of over 100 full-time lecturers to vote 2-1 > in favour of all out indefinite strike action in opposition to the > introduction of ELS. It is not always easy for union officers to persuade > full-time staff to take strike action in defence of part-timers' rights. > (The union was not able to include the part-time lecturers in the ballot > because they had been sacked by the college, and so their inclusion would > have given the employer grounds to challenge the ballot in the courts.) > > Since a Conservative Government was elected in Britain in 1979, a number of > legal changes have made it increasingly difficult for unions to organize any > industrial action without falling foul of the law. For instance political > strikes are automatically unlawful. All strike votes have to be conducted > by postal ballots to members' homes. Ballot forms must include a statement > that industrial action involves breach of contract. Employers must be given > a list of names of all the members the union is balloting and also a list of > all members they are calling upon to take strike action. Employers are also > entitled to know the actual figures in the ballot result and to be given at > least seven days notice before the industrial action starts. (The > Government is presently considering proposals to extend this to fourteen > days.) All this means that it takes a labour union in Britain a minimum of > several weeks to organize a lawful strike. Any slight mistake and the union > can be taken before the courts and, if it does not call off the action, it > risks having its funds sequestrated. Given all these requirements, it is > very easy for employers to take unions to court to challenge a ballot > result, for instance on the grounds of minor inaccuracies in the list of > names. > > This happened at Accrington and Rossendale College. The day before the > strike against the use of ELS was due to start, 30 September 1996, the > employer took the union (NATFHE) to the High Court, claiming the list of > names was inaccurate. The High Court upheld the challenge to the ballot and > the union had to start the whole process over again, revising the list of > names and then re-balloting. > > Meanwhile on 20 December 1996, the last day of term, the Principal at > Accrington and Rossendale College summoned all the social science lecturers > to individual meetings, at which he told them their area was being > re-organized. Pat Walsh teaches History and Sociology. He was the last one > to be called to a meeting with the Principal. He was told that he was > redundant and had ten minutes to clear his desk, given four months' notice > and told that 'It would not be in the interests of the College for you to > reappear.' > > This is a blatant case of victimisation for trade union activity. Pat had a > full timetable, including degree level work. He was employed on a permanent > contract and had taught at the College for nine years. There was no > consultation with the union about the proposed redundancy and no offers of > redeployment. Pat was the only member of staff selected for redundancy. > The sacking occurred the day before Pat's wedding. > > NATFHE is mounting a vigorous campaign for Pat's re-instatement. On 25 > January it organized a demonstration in Accrington. There were over 600 > people on the march. The speakers included national officers of NATFHE and > a representative from the Liverpool dockers. The union is also circulating > petition forms and forms for members to pledge financial support to sustain > strike action. > > On 28 January Pat's appeal against redundancy was heard by a sub-committee > of the Governors at Accrington and Rossendale College. Despite all the > evidence that there were no valid grounds for redundancy, the appeal was > dismissed. > > Pat Walsh has been denied access to the college, although his contract runs > until the end of March, and the college is refusing to recognise him as > Branch Secretary. So the college is denying union members access to their > democratically elected Branch Secretary. > > The removal of a union officer from the premises while a campaign against > victimisation is taking place is a favourite tactic of employers, who hope > that the 'out of sight, out of mind' principle will prevail and that union > members will be less inclined to defend someone they do not see on a daily > basis. This tactic has not succeeded at Accrington and Rossendale College. > The branch has voted for all out indefinite strike action to secure Pat's > re-instatement. The strike starts on Monday 24 February. (The normal labour > movement response when a union member is victimised is for workers to walk > out instantly. Under the anti-union laws currently on the statute book in > Britain, although Pat was sacked on 20 December, the union has not been able > to organize lawful strike action until well into February.) > > Messages of support to Pat Walsh and to the Accrington and Rossendale NATFHE > branch can be sent to the following address:- > > Accrington and Rossendale NATFHE > c/o TGWU Offices > 2a Abbey Street > Accrington > Lancashire > England > > The fax number for the TGWU offices is 44 1254 393379 > > Donations to the strike fund should be made payable to Accrington and > Rossendale NATFHE Account No 2 and sent to the above address. > > Messages of protest to the Principal and the Chair of the Governors, > condemning the victimisation of Pat Walsh and demanding his re-instatement, > can be sent to the following addresses:- > > Michael Austin > Principal > Accrington and Rossendale College > Sandy Lane > Accrington > Lancashire > BB5 2AW > England > > Roger Brunt > Chair of Governors > Haworth, Nuttall & Warburton > 17 Cannon Street > Accrington > Lancashire > England > > This campaign is an important one, both to defend Pat Walsh and also to > protect other union activists. If the employers get away with this > victimisation, may more union activists in colleges will come under > intimidation from management. Union members at Accrington and Rossendale > are standing firm and taking decisive action to defend their Branch > Secretary and their trade union. They deserve support from the wider labour > movement. > > Elizabeth Lawrence > [EMAIL PROTECTED] >
