It’s enough to make you think that the courts are on the side of the bosses.
Next week union members are balloting for strike action in British airways in defence of jobs, pensions and salaries. Last year the airline got a posh man in a wig to overturn the 92% majority on an 80% turnout of Unite members. Yesterday, at the High Court, Justice Sweeney according to the Morning Star, granted the bosses at Milford Haven Port in south Wales to an injunction against Unite members. To save their final salary pensions and oppose a rise in retirement age 50 trade unionists had voted for a 48 hour strike. A perfectly reasonable thing to do in the circumstances.
Non lawyers will struggle with m’lud’s assertion that "”the balance of convenience" in the case was in favour of the employer”. To most people working longer and having your pension chopped are pretty major inconveniences but Sweeney reckoned that enforcing the Tories’ 1992 Trade Union and Labour Relations Act was the right thing to do. It’s funny how New Labour has never managed to get round to repealing a law that now seems to wheeled out every time a group of workers want to take legitimate defensive action.
According to Gregor Gall the legislation has been used thirteen times in the last year and the threat of it has intimidated some unions into calling off their actions. It usually take advantage of trivial administrative errors in the running of the ballot. The decision has caused some union officials to get mildly annoyed. Brendan Gold, Unite’s national secretary for docks and waterways said: "It is hugely frustrating going through the correct legal procedures to call this action then to have the courts intervene to block it."
Not mildly frustrating or rather frustrating. Hugely frustrating. And people say the language of class hatred is dying out.
We are going to get a lot more of these shenanigans when the ruling class really gets the bit between its teeth after the election and starts slashing jobs, salaries and pension on an industrial scale. The question is if we will see the emergence of a new “awkward squad” willing to defy the courts?





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