386 MARXISM TODAY, DECEMBER, 1978

In the Wake of Grunwick Andy Forbes

(Grunwick has been one of the most important industrial struggles during the period of Labour Government. This month sees the publication of Grunwick: the Workers' Story by and Graham Taylor. In this article the author looks at some of the questions thrown up by the Grunwick dispute.)

"Through us the public can see the true attitudes of This article attempts three things. First, a political the government, the TUC, the courts and the police. characterisation of those groupings involved in the We have found reality. It is a good experience— strike—what were their aims, their motives, their don't you think so? We have gained many things. political situations? Secondly, an examination of how If there is a defeat it is not our defeat, it is the defeat of the TUC and the Labour Government. We the law mediated between their arguments. Thirdly, I are fighting for basic rights". venture to suggest perspectives for a new, clearer Jayaben Desai1 attitude to and intervention in the process of legal mediation. The dispute which started in August 1976 at the Grunwick film-processing laboratory in The Company and the Workforce was one of those strikes that history chooses to The strike began on Friday, August 20 1976, when throw into the national-political arena. Originally six employees of Grunwick Ltd., walked out of the an argument about conditions of work at one fac­ factory in protest at oppressive working conditions. tory, it was transformed, during a series of legal The six resolved to build a union base within battles and physical confrontations, into a declared Grunwick and their initial campaign resulted in a struggle for basic democratic rights, and the whole mass walk-out of a further sixty workers the follow­ spectrum of British political organisations, from right ing Monday. By Tuesday evening the Association of to left, was mobilised in defence of contradictory interpretations of those rights. 1 From 18.1.78, p.4. MARXISM TODAY, DECEMBER, 1978 387

Professional and Executive, Clerical and Computer nerable labour market cleverly, discouraging all but Staff (APEX, the union to which they had been immigrants from working at Grunwick's and offering referred when enquiring at TUC headquarters) had wages that were relatively competitive (they were sixty new members. At the same time Jack Dromey above average for the industry as a whole) while of the Brent Trades Council had made first con­ remaining generally low. tact with a group of strikers who were inexperienced in struggle and who were nearly all APEX East African immigrants. This was not a well- The strikers who joined APEX on that first planned action by experienced militants; it was an Tuesday could hardly have been aware that they were angry impetuous response to a management which joining one of the least dynamic and most right- became more determined as the strike went on. wing of trade unions. It identifies strongly with the Conditions at Grunwick have been described as right-wing of the Labour Party and pursues policies those of a "sweat-shop". Physical conditions in which fly in the face of TUC policy. It is one of the August 1976 certainly deserve this label, since at the few unions to maintain a list of prescribed organisa­ height of Britain's hottest summer for decades the tions (including the Communist Party) whose mem­ air-conditioning at Grunwick's Chapter Road plant bers must declare their political affiliation when was not yet in operation. No allowance was made standing for election to union posts. for this in terms of the pace of work. Long hours But its right-wing leadership (General Secretary, were worked for a basic starting wage as small as Roy Grantham, is a model "moderate"), though £25 for 35 hours and £28 for 40 hours, with com­ obviously an important factor, is not the only reason pulsory overtime on weekdays at 1.25 times the hourly for its failure of nerve at the height of the Grunwick rate for the first six hours, and 1.5 times after that. saga. As with all white-collar unions APEX has the "Maternity leave" was non-existent. The workplace problem of offering support and protection to was clean and well lit but frugal. isolated groups of workers who are employed in a More insidious were the psychological features huge variety of situations, ranging from huge that the strikers complained of: what they saw as industries to small offices. The "office politics" the undercurrent of racist and paternalist arrogance syndrome with its emphasis on personal achieve­ in the management's attitude. While even the most ments, does not produce the same political attitudes right-wing commentators were forced to admit that as the shop-floor. Moreover, the economic crisis there was a complete lack of effective grievance bites harder at small firms, and victimisations and procedures. The management was overbearingly arbitrary sackings are a feature of management present (looking directly into the mail-order depart­ behaviour when there is a large pool of unorganised ment through a window in their office). workers to draw on. How can we blame white- The problem was not only the individual attitudes collar unions for their commitment to legislative of Grunwick's managers and directors, but the protection for individual employees, given that this economic and political conditions which allowed is what is often most desperately needed by white- such attitudes to thrive unchecked. When George collar workers? Ward left accountancy and started Grunwick in 1964 However the strikers found themselves in capable he and his partners found themselves in a boom in­ enough hands as they embarked on that long struggle. dustry. The extension of colour-photography meant Jack Dromey, the secretary of the Brent Trades that small chemists could no longer afford the techno­ Council, and Tom Durkin, the chairman, liaised logical means to develop family snapshots, and the closely with Len Gristey, the APEX London Area photo-processing field was left wide open for larger, Organizer. Between them they organised regular specialist companies. Steady growth in consumer picket rotas, daily strike meetings, a strike com­ demand led to a buoyant and expanding market. mittee and a regular strike bulletin.3 Having failed in Figures show Grunwick's trading profit as being a numerous attempts to get Grunwick to talk, they steady 30 per cent and above per annum.2 resorted to the twin-pronged attack of court action But a large part of the company's high profit­ and labour movement solidarity. On September 7, ability was dependant on low labour costs, and 1976, Roy Grantham, who later assumed personal Grunwick found its natural home in the urban responsibility for the strike, spoke at the annual decay of Willesden. This is an area of London TUC, and on October 7 Len Murray called on trade notorious for its high unemployment and crumbling unions to give "all possible assistance" to the strikers. environment, inhabited by high concentrations of On October 15 the Advisory, Conciliation and immigrant workers who can afford nothing better. Arbitration Service (ACAS) was officially called in George Ward and his colleagues played this vul- 3 For a full account of the strike from the striker's point 2 For more details see Joe Rogaly Grunwick, Penguin of view see Grunwick: The Workers' Story by Graham Special 1977. Taylor and Jack Dromey to be published shortly. 388 MARXISM TODAY, DECEMBER, 1978

by APEX under section 11 of the Employment came off badly from the dispute (having to find Protection Act, to take up the union's claim for £90,000 to cover court costs) NAFF managed to recognition. Then on November 1, the Union of force trade unionists onto the defensive at critical Post Office Workers authorised its members at the moments, by involving them in long drawn out legal Cricklewood sorting office to black Grunwick's mail. battles, and can fairly claim a share of responsi­ bility for Grunwick's eventual victory. They are a George Ward's Allies force to be watched in future and illustrate the need The official entrance of ACAS prompted George for even the most powerful unions to carefully assess Ward to approach, on October 25, John Gorst, the legal ins and outs of the strike or solidarity Tory MP for Hendon North, who subsequently tactics they intend to adopt. took on an unprecedented role as free-lance political advisor to the company. It was Gorst who at the Trade Unions and the Law critical moments of the strike stood beside Ward at In Britain, legislation relating directly to trade every news conference and meeting, who carefully union activity is virtually non-existent. Trade unions controlled the management's tactics, developing all have never had any positive legal rights, not even the time a perverse litany of individual freedom, the right to strike, but have enjoyed immunity from the right to work, the horrors of the corporate state. the massive legal protection of property, unfettered This provided an ideological rallying point for a trade and free market contracts. Under common law wide alliance between extreme right and centre which the activity of unions smacks of "restraint of trade", would politically sustain Grunwick. "I am fighting indeed collective action is never far from being viewed for the freedom of a small person not to be blud­ as "unlawful assembly" or "conspiracy". Protection geoned and misrepresented by the powerful machin­ for strikers depends largely on the customs and prac­ ery of vested interests" declared George Ward,4 tices developed to deal with trade disputes by unions proclaiming his version of the anti-monopoly and management in particular industries, all of which alliance. have extremely hazy legal status. These collective The Tory Party at large later became quite badly bargaining structures are the result of a shifting split over Grunwick with Sir and political power struggle, in which economic sanctions James Prior taking opposite positions on the Scarman produce legal agreements and legal agreements Report. But John Gorst was allowed to continue enhance or inhibit economic power. The unions, unhampered. Tory MPs travelled in the company have traditionally relied more on economic struggle bus through the picket lines and the vast majority than argument in court to promote the interests of of Tory MPs remained unswerving in their support their members, but since 1871 they have taken full for George Ward. The more subtle among them advantage of these restricted but important legal (including APEX member ) confined their rights to build effective campaigning organisations. support to the rule of law, not to the Grunwick Hence the TUC's ambiguous stance; at once management. recognising the necessity to act within the legal The National Association for Freedom (NAFF) framework accepted by society at large, and simul­ provided the right-wing with an activist force, suit­ taneously very wary, for very good reasons, of turn­ ably distanced from more "responsible" Toryism ing to the courts to assist its members' battles. (NAFF, however, has seven Tory MPs on its cen­ Deliberately, the labour movement insisted that tral council). NAFF provided funds and legal advice recent industrial legislation (The Contracts of for Grunwick's court actions which included an Employment Act 1972, the Trade Union and Labour attempt to force the pickets off the streets by injunc­ Relations Act 1974, the Health and Safety at Work tion (unsuccessful) and a long-running battle to try Act 1974, the Employment Protection Act 1975; and force first the Post Office and then the Attorney also the Equal Pay Act 1970 as amended by the Sex General to prosecute postmen who blacked mail Discrimination Act 1975, and the Race Relations under the 1953 Post Office Act (again unsuccessful, Act 1976)5 should give rights only to workers as but threatening enough to scare the Union of Post individuals, which meant, for instance, that the Office Workers into withdrawing support from the Grunwick strikers (who were all dismissed collec­ Cricklewood postmen in June). tively, without exception) could not claim unfair NAFF epitomises the political approach of the dismissal. The alternative would be for the rights and genuine petty-bourgeoisie, scared of being crushed wrongs of disputes to be decided by an Industrial between huge corporations and huge trade unions (though they divert their activity almost exclusively 5 against the latter!), hostile to social welfare policies For a clear exposition of workers' new rights under and to state economic intervention. Though they this mass of legislation see Your Rights at Work by Patrick Hewitt, NCCL 1978. For an up-to-date discussion of all these issues see Collective Bargaining by Clive 4 Guardian, 21.6.77, p. 1. Jenkins and Barrie Sherman, RKP, 1977. MARXISM TODAY, DECEMBER, 1978 389

Tribunal, whose major conceptual reference must be for Grunwick employees in local places, or issued a to common law. The effect of common law has been public invitation to employees to write to ACAS felt already in the majority of unfair dismissal cases, giving their opinion. This makes ACAS procedures where employers have only had to prove the minutest not only inefficient (do the Law Lords really think breach of contract by an employee to get away with that these methods have any chance of producing an sacking union activists. accurate expression of opinion in practical circum­ stances?), but potentially interminable. ACAS Lastly, it becomes clear that the law in all its The legal battle that proved to be the most grinding slowness, is simply incapable of protecting important during the Grunwick dispute was over the strikers against the devious tactics of a determined precise powers ACAS has to make a recommendation employer. Grunwick used the delay to increase wages of union recognition. ACAS was set up under the by 15 per cent in November and a further 10 per 1975 Employment Protection Act to intervene in cent in April. The factory was given a new coat of disputes of various kinds, including those where paint and tidied up. The management suddenly employees wished to have an independent union to became polite and deferential to its employees. At a negotiate for them against the wishes of the employer. series of meetings the workers were made to under­ The brief by which ACAS works was left intention­ stand that the company would close down rather ally vague and undefined, on the assumption that a than accept APEX. flexible approach was best suited to the complexity of industrial relations procedure. The precise propor­ The Mass Picket tions of the workforce in favour of union represen­ In the light of the vital court decision, and given tation is not a decisive factor in ACAS recom­ the intolerable delays, the strikers were well justified mendations. Similarly, the precise means by which in resorting to the more active method of the mass ACAS determines the wishes of the workforce were picket. But at no time did the picket really look not laid down. These pieces of imprecise legislation as if it would be successful in forcing Grunwick were the points on which Grunwick fixed to defend to negotiate a settlement. Only the renewed blacking itself. Grunwick refused to accept ACAS' intention by the Cricklewood postmen, finally called off after to send questionnaires to the strikers as well as the five weeks under pressure from the Post Office and remaining workers, on the grounds that they had been the UPW, really threatened to force Grunwick's dismissed well before ACAS intervened. Since the hand. Mass action provoked widespread public dis­ company refused to release the names and addresses cussion, and a final government-backed effort at of its employees, ACAS had to proceed by canvass­ conciliation, but no solution to the dispute. APEX, ing those workers it could, and on the basis of scared that things were getting out of hand, forced questionnaires sent to 110 workers, mainly the the strikers to return to the quieter path of legal strikers, ACAS recommended recognition of APEX. wrangling. We must ask why mass action, so often Grunwick immediately declared its intention to go to relied on to gain results, failed to win the Grunwick court to have the decision declared void. It is now a dispute. matter of history that although ACAS won the first judgement in the High Court, on July 12, a sub­ After a breakdown in negotiation, the success of sequent appeal and then a hearing in the House of industrial action depends on a high level of union Lords found in favour of Grunwick. This last organisation. At the successful Saltley gates picket in decision, on December 14 1977, effectively put paid 1972, hundreds of miners camped virtually on the to any hopes of a victory for the strikers. spot and ensured a twenty-four hour vigilance. They were aided by massive contingents of workers from Three points come out of an examinations of the local industry, who likewise could return regularly to legal decisions. First, all the courts established that the picket if necessary. The whole operation was striking workers have a right to be consulted by conducted through meetings at a local level, with the ACAS because they are "workers to whom the issue TUC taking no part. At Grunwick's the organisation relates" under the law. This is an important decision, was much less developed. APEX had little control meaning that for the first time workers who break over the picket, and virtually anyone who presented their contract of employment have some rights under themselves could find themselves stewarding large the law. sections of the crowd. The contingents of workers Secondly, as the Scarman Report puts it, the law from across the country, although inspiring as a sign on recognition is "strong in principle but slow in of national solidarity, could only stay on the picket implementation". The Law Lords judgment was lines for short periods. APEX failed to organise the based on their argument that ACAS had not massive support needed from workers who could exhausted the possible methods of ascertaining the easily reach the picket line. opinions of the workforce—the honourable judges On top of this, the police arrived with two clear suggested that ACAS could have advertised meetings objectives: to reassert their authority in "crowd- 390 MARXISM TODAY, DECEMBER, 1978

control" situations, and to do this very publicly, in the defensive, struggling to protect their members order to advance their campaigns for higher wages against redundancy and to maintain wages in the and greater autonomy of action. The violent and midst of adverse conditions in the labour market. unrestrained activity of the Special Patrol groups When workers are not even sure that their own jobs was particularly effective in intimidating the picket are secure, solidarity action involving more than lines. But perhaps most important of all, workers' words and money becomes more difficult to organise. rights have not primarily been won by out-muscling 3. Short of strike action there were no easy ways the police, but by creating a situation where the of twisting Grunwick's arm. In attempting a block­ costs of economic disruption and political polarisa­ ade unions with workers providing public services tion outweigh the costs of giving in to the workers' (electricity, water, gas, etc.) would have risked the demands, and the government of the day is only same problems as the postal workers, being liable to damaging itself by continuing a policy of confronta­ criminal prosecution. They also faced insurmount­ tion. able practical problems. To cut off water to Grun­ wick and nobody else, in the prevailing political Court of Enquiry situation, might have meant having to defend workers The Labour Government's strategy was one of from police arrest while they dug a hole in the pave­ attempting to defuse a situation which threatened ment outside the factory gates. their fragile parliamentary position. They were faced Finally, Joe Rogaly underlined the resources avail­ with a dilemma: to throw their full weight behind able to George Ward in the face of an industrial the strikers' demands would have seriously ques­ blockade: "If the unions manage to prevent one tioned their commitment to due legal process, and supplier from dealing with him, he can find another; alienated the support from the "moderate" citizen if they reach all suppliers, then Mr. Ward, the they were trying to cultivate; but to allow the strike practised accountant, knows how to arrange that to fail would have seriously weakened their much- other companies receive the goods and then sell to vaunted industrial legislation and enrage the left of him, thus beating the blockade. One is irresistibly the Labour Party and the TUC. reminded of Mr. Ian Smith . . . "6 Rogaly went on to The device of the Court of Enquiry, set up on suggest that because of the unions' "unwillingness to June 30, allowed Labour to call for an end to the risk strike action, Ward, unlike Smith, could hold mass , though it must have been obvious, out forever. Indeed APEX have now called off the during talks between Employment Minister, Albert strike, after another fruitless exercise by ACAS. Booth, and George Ward, that Grunwick would not accept the Court's findings. Once Lord Scarman had Some Lessons performed the necessary ritual, the government could What general lessons can we now draw from the turn to the left and right and say, "Look, we have Grunwick dispute, and what political work needs to done all we can. We support the strikers, but can be done to ensure that workers are never again denied do nothing to help them." basic rights? A few, though by no means compre­ Arguably, the Labour Government, without even hensive, points. a bare parliamentary majority, would have possibly Firstly, we need to realise that the legislation of risked being instantly toppled if it had tried to the 1970s has created a new industrial situation and invoke the emergency procedures required to force new possibilities for progress. The labour movement Grunwick's into submission. And to support the must develop new methods of struggle to suit. pickets against the police would have been to anta­ At the moment, white collar workers' unions, gonise a police force which was beginning to threaten stronger than ever before, are developing their own strike action ia support of its wage claim. strategies, with a far greater emphasis than manual unions on legislative advance. This, as we have seen, The Failure of the Blacking is in keeping with the special problems faced by The real hope for the strikers would have been white collar workers, but can be taken up with profit an all-out effort by the TUC and labour movement by unions representing any kind of workforce. The to intensify widespread blacking. But here again, the traditional tactics of struggle have certainly not been political situation imposed crippling limitations. outmoded, as the Brent Trades Council demon­ Three things stand out: strated during Grunwick, but need to be strengthened 1. The TUC, through the mechanism of the social by a far more active and positive attitude to cam­ contract, had committed itself to unprecedentedly paigning through the courts. Both approaches can close links with the Labour Government. The pres­ co-exist without detracting from either if they are sure was undoubtedly on to restrain unions from used intelligently. taking action that would disrupt a fragile economic The main problem is that unions have not yet and political balancing act. 2. The economic crisis has placed trade unions on 6 Financial Times, 3.9.77, p. 22. MARXISM TODAY, DECEMBER, 1978 391

geared themselves up to protect and extend parlia­ ideas and respond more flexibly to consumer needs. mentary legislation in this new situation. Private One possible approach (applied very successfully by Members' Bills from Labour MPs, Ian Mikardo the Italian Communist Party) is for local or central and Ted Fletcher, designed to close the loopholes government to offer financial incentives—grants, tax in the Employment Protection Act and extend the relief, low rent, etc.—to small businesses while powers of ACAS, have been indefinitely delayed by demanding in return that they recognise a union and Tory filibuster in Parliament. The labour movement provide good wages and conditions for workers they could learn here from the women's movement, employ. which has successfully campaigned to protect the 1967 The left is still dilly-dallying on the question of Abortion Act, that a vigorous, broadly-based, pub­ small businesses and needs to initiate active pro­ lic campaign can ensure the passage of progressive posals to ensure that the communities of tomorrow legislation. Indeed, the National Abortion Campaign, offer not only cheaper service to the consumer, but with full time organisers coordinating a wide range better service to its employees. Both are possible, of pressure groups (including the trade unions) since in many areas (as, for instance, the campaign provides a sterling model for a new kind of demo­ for real beer has found in relation to breweries) cratic struggle. small firms are more efficient. And there is no need But if the labour movement is to embrace the law to restrict the argument to private enterprise. Given to further its aims, there needs to be a great deal of better legislation, small-scale workers cooperatives thinking about a long-term programme to restructure would become viable, and a real transformation of the law and remove the bias against collective rights. the economy would be under way. This is a highly complex task, and I can only venture But all these initiatives would depend for success tentative suggestions. In the area of industrial on a Labour Government prepared to take them up relations, the concept of exclusive personal rights to actively. Until the left in the Labour Party is signi­ property could be eventually replaced by the concept ficantly strengthened, and until the structure of the of industrial and financial concerns as cooperative party becomes more open to grass-roots pressure, efforts. Research by ASTMS lawyers has indicated we must rely on groups that are independent from it that the medieval concept of "property in job" if to take up important fights. In the case of Grunwick, extensively applied, would produce a new basis for it was the local Trades Council that energised the workers' rights in employment. More generally, the strikers' fight. The Communist Party, as we practices evolved in socialist countries such as Poland recognise in the new British Road to Socialism, can and Yugoslavia where capitalist and socialist econo­ provide a similar service to the left, coordinating mic elements co-exist, could provide ideas that could and giving direction to a broad alliance of groups be applied in Britain now. around particular issues. If we can develop new kinds of struggle to counter every setback, then the Grun­ Small Businesses wick strikers will not have fought in vain. Grunwick also reveals a pressing economic problem. A Times leader at the height of the dispute, did not mince its words: ". . . the success of Grun­ wick has been the result of offering a very prompt service at a very competitive price; that has been based on employing immigrants without restrictive practices and at highly competitive, that is, low, wages. At a time when unemployment is high—and it is particularly high among the immigrant com­ munity in London—it is very natural that coloured workers should be willing to take jobs on these terms. The alternative is unemployment."7 Obviously the predatory nature of small firms such as Grunwick would be tamed by a general improvement in economic circumstances. But at a time of economic decline, we should encourage energetic new concerns in order to create jobs. There is always a place in the economy for small enter­ prises—shops, businesses, pubs and factories—which provide local people with local services, generate new

7 Time Times, 30.6.77, p. 17.