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On this page...TOP STORY - TRADE UNION REPORT NOV 2011 FROM LABOUR MEP GLENIS WILLMOTT/KEEP THE POST PUBLIC/ ABOUT THE UNION'S POLITICAL FUND union matters
Trade Union issues in Europe • November 2011 Cameron launches attack on European workers' rights The Prime Minister has said that he intends
to "repatriate" the European Union's powers to set minimum standards
for workers - which include the right to paid holiday and the right to
be consulted. Now, the Conservative-led Government has declared its intention to take the UK out of these minimum standards. Education Secretary Michael Gove, a key Cameron ally, says that the rules “affect our capacity to grow” and “actually hold us back.” David Cameron has chosen to portray the move as an issue of national sovereignty, rather than an attack on workers. He told MPs simply that employment law “would be better dealt with at the national level,” without detailing how he would use the powers. However, the move is just the latest in a string of assaults on basic working rights. It comes after proposals to make it easier for employers to sack workers and harder for workers to take their employers to tribunal. It also follows a hastily withdrawn proposal from Chancellor George Osborne to cut maternity leave rights. David Cameron's call to repatriate powers from the EU is a smokescreen for a further onslaught on our working conditions. We must continue to get the message across that these attacks are no substitute for a real plan to invest in growth and jobs. Robin Hood
Tax: one step closer to becoming a reality The European Commission has launched its formal proposal for a Financial Transaction Tax across Europe, a vital step towards the tax becoming a reality. The move followed extensive
campaigning by Trade Unions, charities and the Robin Hood Tax campaign,
supported by Labour MEPs and their colleagues in the Parliament’s
Socialist group. It would also bring greater stability to financial markets, by reducing the volume of risky trades in the sector. The proposal is supported by the French and German governments, but is opposed by the Conservatives in the UK. However, the support of all governments in the EU, including the UK’s, will be needed for the new law to be passed. Labour’s spokesperson in Europe on economic affairs, Arlene McCarthy MEP, said, “The proposals can't be pushed through without British agreement, so let's engage in the process and try to find a way in which the financial sector can pay its fair share towards the cost of the economic crisis.” Posted Workers
and Working Time laws to be revisited The Working Time Directive (WTD) provides guarantees for workers on paid holidays, rests between shifts and maximum working hours during the week, amongst other areas. Labour MEPs, along with the European Trade Union Confereration (ETUC), believe these are fundamental to guaranteeing the health, safety and dignity of workers. The European Commission is consulting on a revision of the Directive and a decision is expected by February. The Posting of Workers Directive is a controversial law governing workers posted from one EU member state to work in another. Labour MEPs and Trade Unions have called for improvements to the Directive to ensure that free movement of workers does not come at the expense of working rights. A revision of the law is expected in the new year. Ban on blacklisting opposed by
liberal and centre-right MEPs A proposal in the European Parliament to call for a ban on ‘blacklisting’ of workers failed in Strasbourg this month, when the Liberal group of MEPs decided to vote with right-wing groups against the proposal. The proposal, put forward by Glenis Willmott in the Parliament’s Environment and Public Health Committee, called on the European Commission to make blacklisting illegal through a change in EU law. The issue of blacklisting was brought to Glenis by East Midlands constituent Brian Higgins and by the Blacklisting Support Group, who campaign against the practice. After being blacklisted by a former employer and subsequently refused employment, Brian has like too many others been unable to work in his trade. The problem is currently being debated in the European Parliament as it reviews the EU’s Health and Safety strategy. EU Health and Safety law already provides some protection for whistleblowers and Union activists, but there is a clear need to improve this. MEPs have said that in order to improve workplace conditions, workers and their representatives must be involved. Efforts by Labour MEPs continue. The issue will next be debated in the Parliament’s Employment Committee, where Labour MEP Stephen Hughes is to put forward a new proposal. The battle to ban blacklisting is far from over New rights
for victims of crime The proposed new rights
include the right to be heard, the right to access victim support services,
and the right to notification on release of the perpetrator of the crime
from custody. Since the new rights will
apply across the EU, including in the case of victims who are outside
their home country, they also include the right to translation and interpretation
during the legal process. However, Socialist MEPs
on the Parliament’s Civil Liberties Committee say that there should
be a wider definition of “vulnerable” victims to ensure support
is available for all who need it. In addition, Trade Union representatives on the European Economic and Social Committee (EESC) say the new legislation should include specific measures to protect victims of crime in the workplace. Public contracts in Europe - Bombardier The European Commission is about to propose new European rules for national governments on awarding public contracts. But will these new rules prevent a repeat of the disastrous Thameslink decision? In its session in Strasbourg in October, the European Parliament called on the Commission to overhaul the EU’s legislation on public procurement, which determines how national governments award public contracts. This comes soon after the Government’s disastrous decision on the Thameslink contract earlier this summer. Thameslink was awarded to Siemens, rather than to Bombardier in Derby, which could cost up to 1,400 jobs directly and many thousands more indirectly in the East Midlands. The Government made the decision on the basis of the lowest cost, without taking into account important social and economic factors. Ignoring calls from Unions and the local community, the Government has refused to start a new procurement process, with better criteria. In response to an urgent Parliamentary Question from Glenis Willmott, the European Commission confirmed that going back to scratch with the procurement process would have been entirely permissible under existing EU rules. Now, the European Parliament has called on the European Commission to change the law, so that the “lowest-cost only” option is no longer the norm. Provisions put forward by Labour MEPs and their colleagues in Parliament’s Socialist group say that social and economic criteria should be taken into account in every case – such as the need for high-quality jobs, or the need for environmental sustainability. A network of Trade Unions and other campaigning groups has also been set up to call for improvements in the law to allow more social and sustainable public procurement. Improved rules like these will prevent a repeat of the Thameslink decision. However, this does not let the Government ‘off the hook.’ Even under the existing procurement rules, the Government could have considered some social criteria, but failed to do so. Glenis Willmott welcomed Parliament's calls for new legislation, but said that the European Commission was failing to ensure that governments made use of the existing rules. She said, “New legislation alone is not enough. The European Commission must make public authorities aware of the full extent of what they can do under EU legislation.” The European Commission is expected to bring forward a proposal for a new law by the end of 2011. Labour MEPs will be monitoring this closely. A repeat of the Thameslink decision must not be allowed. - Key Facts What are the EU's
current rules on procurement? Under the existing rules, contracts can be awarded in one of two ways. One is the ‘lowest-cost only’ basis, whereby only the cost of the goods or services is taken into account. The other is the ‘most economically advantageous tender’ (or ‘MEAT’) basis, whereby further social and economic criteria are considered in awarding the contract. According to the European Commission, around 70% of public contracts in Europe are awarded on a MEAT basis. However, MEAT criteria do not allow a government to discriminate against EU firms from outside their own country. This means the UK government must treat all firms from within the EU equally. Labour MEPs support Remploy workers Labour MEPs have lent their full support to Remploy workers campaigning against the closure of their factories, which could make up to 4,000 workers redundant. A report for the Government, written by Liz Sayce, has called for public funding for the sites to be cut, meaning the factories would close their doors. Although the Government promised a full consultation, only a small fraction of the workforce have been invited to its consultation events, with no possibility for workers to ask their Trade Union representatives to attend. In the East Midlands, despite the existence of four Remploy sites, no consultation events were held. Workers had to travel up to 80 miles to attend their nearest consultation. Glenis Willmott has raised her concerns about the poor consultation exercise with the Government Minister responsible, and asked the Government to think again. For thousands of disabled
workers, the Remploy sites are irreplaceable – not only as a workplace,
but as a place to receive support and as a centre of the community. This
could simply not be found in mainstream employment. "New
skills and jobs" for European workers The Agenda sets a target of 75% of men and women in Europe to be in employment by 2020. Currently, 23 million Europeans are unemployed. The Agenda, promoted by European Employment Commissioner László Andor, stresses the need for more “flexicurity” in labour markets. Socialist MEPs believe
economic growth must be based on inclusive labour markets, and “flexibility”
must be accompanied by strong social protection systems. They therefore
oppose aspects of the agenda, including certain proposals which would
weaken collective bargaining and reduce unemployment benefits. KEEP THE POST PUBLIC The Postal Services Bill has been given Royal Assent, despite the efforts of Labour MPs and Lords in the UK Parliament. An outstanding issue now is the issue of the UK Government taking over the RM Pension Fund. This matter has been referred to the European Commission to see whether it constitutes State Aid. TNT have already objected to this measure. The CWU are urgently seeking a meeting with the European Commissioner on this matter. Without the UK Government taking over the Pension Fund it means that prospective buyers may be put off purchasing Royal Mail. The CWU still maintains - The modernisation of the industry was moving forward under the national Business Transformation agreement. - The historic pensions deficit was being resolved without the need for privatisation by extending the repayment period to ensure long term stability. - Privatisation will lead to vital resources being taken out of the industry. - There was never a public mandate to privatise the Royal Mail - only the Lib Dem manifesto carried a commitment for such a plan – the Conservative manifesto made no mention of this plan whatsoever. - Polling has consistently showed that the privatisation of the Royal Mail is hugely unpopular with the public. - Rural communities will be particularly hard hit with the potential of the ‘one prices goes anywhere’ 6 days per week universal service being under threat leading to customers either with reduced deliveries or having to pick the mail up from central locations. - The ‘decline’ in letter volumes is not in line with original forecasts. - The Royal Mail remains successful and profitable yet the companies touted to 'take-over' RM have not been successful in recent times - TNT’s profits in 2009 were down by 2.4% and Deutsche Post’s profits reduced by 36.5% - during the same period the Royal Mail’s profit increased. ________________________________________________________________________ Under law the union has to hold a full membership ballot every 10 years in order to keep a Political Fund. Each time members vote 4:1 in favour of keeping the fund and giving the union a voice in Parliament. Without a Political Fund the union will have no voice in Parliament. Every campaign with a political aspect, even a stamp on a letter to a Member of Parliament has to be paid for from the unions Political Fund. The union is not allowed to use money from its General Fund to pay for any activity deemed to have a political aspect - the Tories made this illegal! In the last few years the CWU has used our Political Fund to campaign successfully for:
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