Congress Report 2006
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Congress Report 2006 The 138th annual Trades Union Congress 11-14 September, Brighton 4 Contents Page General Council members 2006 – 2007……………………………… .............4 Section one - Congress decisions………………………………………….........7 Part 1 Resolutions carried.............................. ………………………………………………8 Part 2 Motion remitted………………………………………………… ............................28 Part 3 Motions lost…………………………………………………….. ..............................29 Part 4 Motion withdrawn…………………………………………………………………….29 Part 5 General Council statements…………………………………………………………30 Section two – Verbatim report of Congress proceedings .....................35 Day 1 Monday 11 September ......................................................................................36 Day 2 Tuesday 12 September……………………………………… .................................76 Day 3 Wednesday 13 September...............................................................................119 Day 4 Thursday 14 September ...................................................................................159 Section three - unions and their delegates ............................................183 Section four - details of past Congresses ...............................................195 Section five - General Council 1921 – 2006.............................................198 Index of speakers .........................................................................................203 General Council Members Mark Fysh UNISON 2006 – 2007 Allan Garley GMB Bob Abberley Janice Godrich UNISON Public and Commercial Services Union Lesley Auger Anita Halpin National Union of Teachers National Union of Journalists Jonathan Baume John Hannett FDA Union of Shop, Distributive and Allied Workers Sheila Bearcroft Billy Hayes GMB Communication Workers Union Mary Bousted Sally Hunt Association of Teachers and Lecturers University and College Union Barry Camfield Chris Keates Transport and General Workers’ Union National Association of Schoolmasters Union of Women Teachers Jane Carolan UNISON Jimmy Kelly Transport and General Workers Union Gail Cartmail Amicus Paul Kenny GMB Brian Caton Prison Officers’ Association Mick Leahy OBE Community Bob Crow National Union of Rail Maritime and Transport Workers Paul Mackney University and College Union Jeremy Dear National Union of Journalists Leslie Manasseh MBE Connect Gerry Doherty Transport Salaried Staffs Association Judy McKnight OBE napo Jeannie Drake OBE Communication Workers Union Lesley Mercer Chartered Society of Physiotherapy Tony Dubbins Graphical, Paper and Media Union Gloria Mills CBE UNISON Maria Exall Communication Workers Union Ged Nichols Accord Sue Ferns Prospect Paul Noon Prospect Pauline Foulkes Union of Shop, Distributive and Allied Workers Brian Orrell OBE Nautilus UK 4 Tim Poil Nationwide Group Staff Union Dave Prentis UNISON Alan Ritchie Union of Construction, Allied Trades and Technicians Sue Rogers National Association of Schoolmasters Union of Women Teachers Dougie Rooney Amicus Mark Serwotka Public and Commercial Services Union Alison Shepherd (chair) UNISON Derek Simpson Amicus Steve Sinnott National Union of Teachers Liz Snape MBE UNISON Patricia Stuart Transport and General Workers Union Ed Sweeney Amicus Mohammad Taj Transport and General Workers’ Union Paul Talbot Amicus Sofi Taylor UNISON John Walsh Amicus Tony Woodley Transport and General Workers Union Matt Wrack Fire Brigades Union Brendan Barber General Secretary 5 6 Section 1 Congress Decisions Listed below are the decisions taken by the 2006 Trades Union Congress on the motions and amendments submitted by unions. The numbers given to resolutions and motions refer to their number in the Final Agenda, or to that of the Composite or Emergency Motion. 7 Resolutions carried lack of any duty to consult collectively if fewer than 20 redundancies are proposed. Congress also notes that some employers fail to begin consultations as soon as Part 1 redundancies are contemplated and have little intention of reaching agreement through a process of meaningful consultation. Resolutions Carried Congress therefore calls on the General Council to seek changes in existing legislation to ensure that redundancy laws are made more transparent, and in particular that collective and individual rights in redundancy situations are improved. 4 Strengthening workplace democracy Association for College Management Congress deplores the archaic form of dictatorship, under the guise of management prerogative, which often prevails in workplaces. 12 Irish Ferries Congress notes this is tempered only by recognised Congress notes with concern the events surrounding union representatives accountable to their members, the Irish Ferries dispute last year and congratulates the and expects this essentially democratic function to be Irish unions for ensuring, through the settlement to the reinforced by government. dispute, that the Irish minimum wage will apply to migrant workers on Irish Ferries' ships. Congress Congress resolves to prioritise a campaign for condemns the company's attempts forcibly to replace workplace representatives (including health and safety British and Irish seafarers with low-cost, non-resident and union learning reps) to have: labour (paid at less than UK/Eire rates), and notes with i) stronger statutory rights to paid facility time and particular concern the use of uniformed security guards facilities, including the removal of barriers to part-time in an attempt to end a sit-in by crew members and to workers' involvement and unequivocal rights for remove them from the ships. elected national negotiators to attend national Whilst congratulating the TUC on its work to address negotiations; the exploitation of vulnerable migrant workers, ii) statutory rights to negotiate on pensions, training Congress highlights the lack of similar protection for and equality - including the right to request an equality workers on merchant ships and calls for particular audit of employers' employment practice; attention to be given to this special area. Recognising iii) information on good practice and legal rights the importance of the ferry sector for the employment through TUC Education (unionlearn), including the of British and Irish seafarers, Congress calls on the argument for a Trade Union Freedom Bill a century Government to act to prevent the exploitation of such after the 1906 Trades Disputes Act; crews by rigorously enforcing ILO convention requirements on employment conditions and to protect iv) access to groups of non-union members to explain the EU maritime skills base by ensuring that all the benefits of union membership; and seafarers working on UK ferries or ferries trading v) the right to establish workplace education and regularly between the UK and other EU member states training committees and meet members to discuss have terms and conditions that are compatible with training requirements. both member states, irrespective of the flag of the Congress will: vessel. a) campaign for public sector bodies to set an example National Union of Marine, Aviation and by adopting some of these measures immediately; Shipping Transport Officers b) approach the Government to secure at least two The following AMENDMENT was accepted trade union representatives on learning and skills bodies and post-16 college and university governing Add new final paragraph: bodies; 'Congress believes the exploitation of foreign national c) encourage unions to develop their lifelong learning seafarers on UK ships and in UK waters also needs to policies in partnership with public sector universities be addressed by the removal of the seafarers' and colleges; and exemption contained within the Race Relations Act 1976 and by ensuring that such seafarers are no longer d) oppose privatisation and cuts in courses. exempt from the national minimum wage.' University and College Union National Union of Rail, Maritime and Transport Workers 10 TUPE regulations Congress welcomes the recent changes to the TUPE 13 Penalties for failure to implement statutory regulations (Transfer of Undertakings (Protection of provisions Employment) Regulations 2005). Congress believes that the failure of employers to However, Congress is concerned that the exemption to implement statutory provisions affecting employees make fair dismissals for 'economic, technical or working conditions is becoming increasingly common. organisational (ETO) reasons' is so broadly defined Congress asserts that it should not be the responsibility that, in essence, it provides a 'catch all' opportunity for of the individual employee to engage in lengthy and employers to dismiss in transfer situations. Congress costly litigation to ensure the implementation of calls upon the General Council to open discussions with statute. the Government with a view to abolishing Congress calls upon the Government to provide an circumstances where an ETO reason may apply. effective and efficient mechanism whereby employers Society of Chiropodists and Podiatrists who fail to implement legislation are put on notice and subject to a substantial fine and/or custodial sentence if 11 Redundancy law they do not comply. Congress believes that current redundancy laws lack National Association of Schoolmasters Union clarity, are not strong enough to ensure meaningful of Women Teachers consultation with trade unions and do not provide sufficient protection or compensation for affected 14 Flexible working staff. Congress notes that a particular weakness is the 8 Resolutions carried Congress welcomes