BA’s abuse of the visa system to push down wages

The recent protest by British Airways IT workers sought to draw attention to the abuse of Tier 2 visas. GMB is currently in dispute with British Airways about plans to outsource 800 UK IT jobs to the Indian firm Tata Consultancy Services (TCS). A number of British Airways IT functions are already run by TCS and GMB has previously called on the Home Affairs Select Committee to investigate TCS’s use of the UK visa system to replace UK workers.

There are around 800 skilled IT jobs at issue, with BA colleagues based at various locations in the UK, at BA Headquarters at Waterside in Harmondsworth, West London, BA’s call centre in Newcastle, and at other locations in Manchester, Cardiff and Scotland.

The IT support jobs are well paid and highly skilled, and the ploy by BA is to outsource to India, where people will do the same job for a fraction of the money. Offshoring of skilled jobs is of course a habitual problem across a number of employers and sectors, however, what is distinctive about this case is that the IT support work requires the physical presence of the support workers at the customer premises in the UK.

What is happening therefore, is that the Indian staff are being brought to the UK on Tier 2 visas to do the jobs of the workers who they have displaced.

Because India is not part of the European Economic Area (EEA) it is covered by a complex range of tiered visa arrangements. Tier 2 applies to migrants who have been offered a skilled job in the UK with a prospective employer prepared to sponsor them, and it includes a Resident Labour Market Test, which is a process that an employer must follow before employing a person who is not a resident of the UK to show that no resident worker could be found to do the job.

Following the advent of the Coalition government in 2010, the conditions for Tier 2 were ostensibly tightened, however, the nature of those affected by Tier 2 visas means that generally they are used by companies experiencing what economists would describe as “demand shock”, where key skills are unavailable. It is clearly both economically and socially advisable that key skill shortages can be filled. This means that even with tightened Tier 2 rules, the number of skilled workers coming to the UK has increased since 2010, and this should be generally welcomed as this involves filling roles that are necessary and for which no one local could be found, and it typically does not lead to any wage reductions.

The difference in this case is that there are UK workers who not only are available to do the work, they have already been doing it! The Resident Labour Market Test is specifically designed to prevent this situation, and it raises the question of whether TCS are breaking the law, and whether the Home Office are turning a blind eye. Where migrant workers substitute for native workers with the same skills but for lower wages, then this is clearly more profitable for the companies involved, but it is deskilling the UK economy, and means that the opportunities for well paid, skilled jobs are not available for people already resident in the UK in the future.

This is obviously a bit of a minefield for unions and the left, with the danger of being perceived as anti-immigrant. However, the issue here is of a company abusing the law to disadvantage working people in the pursuit of greater profits, and they should be stopped.

The left must work with trade unions not against them

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There is an unfortunate tendency for articles nowadays to have sensationalist “click-bait” headlines, but by any standards the aggressive spin put on Michael Chessum’s latest piece in the New Statesman is highly unfortunate.

The headline screams “It’s time for Jeremy Corbyn’s supporters to take on the trade union leadership”. Nothing could be more counterproductive than seeking to mobilize supporters of Jeremy Corbyn in the Labour Party to intervene in internal union politics.

Trade unions are organizations that have their own rule books, decision making structures and autonomous interests. The lay activists who participate in the decision making processes, and who are elected and delegated to conferences and to sit on committees, are the same lay activists who represent their work colleagues in disciplinary and grievance hearings, who negotiate with management, who recruit to the union on a daily basis, who hold the participatory branch, sectional and regional structures together, and campaign on industrial and political issues.

Many thousands of these lay member activist in trade unions also support Jeremy Corbyn, and it is highly mischievous and irresponsible for Michael to misrepresent such activists as potential agents of disruption within their own unions.

From my experience the deliberations on policy issues within trade unions are serious and well informed, based upon the expert opinions of those with experience in the industries or sectors whose interests are at stake, and informed by other expert opinion commissioned by or researched by the unions themselves.

Michael Cheesum seems to be suggesting that pressure should be applied to unions from outside to subvert the outcomes of such democratic decision making. This is a fundamental breach of the well established protocols whereby the political and industrial wings of the party operate in a spirit of mutual restraint. As Lewis Minkin describes in his magnum opus “The Contentious Alliance – Trade Unions and the Labour Party” the development of unwritten “rules” governing the relationship between the unions and the party have arisen over many years, and effectively derived “from fundamental values of trade unionism”

Trade unionism is inherently based upon collectivism, and preserving the autonomy of collective organisation from constraint. It is collective organisation which counterbalances the disparity of wealth and power between employers and individual workers. As Minkin describes

“Through their collective capacity, the liberty of the individual worker was enhanced via-a-vis the employer. Through the collective, workers increased their control over the work environment. Through the collective, workers advanced living standards without which a simple “absence of restraint” was often the freedom to go without, to grow sick or starve. This view of collective capacity involved minimizing impediments to the operation of the industrial collective, whether they were external or internal to the organisation. By its nature, this involved restricting individual rights in relation to the collective (albeit a democratic collective). Whatever libertarian views trade unionists might hold about individual rights in a wide social and political sphere, they recognized the necessity in industrial life to accept some diminution of choice in one relationship in order to enhance it in another”

This concept of liberty as being a mediated one through respect for the collective is one that dovetails with the moral underpinnings of labourism as associated with thinkers as diverse as R H Tawney and Tony Benn. For example, the astute observation of RH Tawney is that liberty is related to equality. If freedom is defined as absence of restraint, then liberty promotes inequality, because the more powerful in our society have less constraints upon them, and the majority of the population will always be unfree.

For Tawney, true liberty is the freedom to act positively for the benefit of the community, and being empowered to resist the tyrannical demands of the rich and powerful. Trade unionism is therefore inherently virtuous through being founded upon collectivity and mutual support, rather than individualism and personal acquisitiveness.

It is worth looking at Michael’s views in more detail. He writes

The logic that drives unions to support projects like Heathrow expansion – and which drives the GMB union to support fracking and Trident renewal – is grounded in a model of trade unionism which focuses not on transforming the workplace, but on the narrowly-defined interests of workers – job creation, economic growth and a larger share of the pie. It views the trade union movement not as merely antagonistic to employers, but as a responsible lobbying partner for business and industry, and as a means of mediating workers’ demands in a way that is steady and acceptable to the state and the economic system. This model, and the politics that accompanied it, is why, historically, trade unions were a conservative influence on Labour’s internal politics.

The description of the unions as a “conservative influence” is spookily close to that of Tony Blair, who used to rail against unions as the forces of conservatism because unions resolutely advocated economic growth and good, well paid, high skilled jobs, and resisted his deregulation and privatization. Of course Michael Chessum has different objectives to Blair, but in his case he considers unions to be conservative because they advocate economic growth and good, well paid, high skilled jobs in the face of sometimes ill-considered and knee-jerk policies from parts of the fashionable left.

It is hard to know what Michael means by “transforming the workplace”, which he thinks trade unions don’t currently do. Let us look at the premium that workers in organized workplaces enjoy. According to a 2014 booklet by the TUC.

In the public sector, for every £10,000 that a non-member earns, a union member on average earns around £1,690 more; in the private sector it’s around £580 more.
Over the period 2001–2013 union members were on average a third more likely to have received training than nonunionised employees.
Union membership brings the greatest financial benefits for young workers: 16- to 24-year-old union members earn 38 per cent more than their non-union counterparts.
Union members also have more paid holidays, with 3.8 days more paid holiday than non-members (25.5 days compared with 21.7 days).
Workplaces with unions have far fewer accidents, according to a 2007 study.

To take two examples over the last couple of weeks, the solicitors Leigh Day won the first stage of a legal campaign to force ASDA to give equal pay to the mainly female retail workforce compared to mainly male workers doing similar work in distribution.

With the same employer, GMB national negotiators recently gained agreement from ASDA that they would cease the individual monitoring of scanning rates in stores, which colleagues were finding oppressive and demeaning.

These are both examples of trade union organization making a real difference. The workplace is transformed when workers have a strong independent organization which allows employees to redress injustice, and gain greater respect.

Michael seems to believe that unions are failing their members if we are not involved in ceaseless class warfare. However, while recognizing that in the final analysis employers may have potentially antagonistic interests to their workforce, it is also true that employees do have a material interest in their employer’s business prospering: there is no point is advocating higher wages if employers don’t have the means to pay them. Where an employer treats their workforce with respect and dignity, then trade unions do have a legitimate interest in advancing the business prospects of such good employers, thus benefiting their members.

Currently, with perhaps the exceptions of Community and USDAW, every British trade union has a leadership that historically could be regarded on the centre left; and the claim by Michael that trade unions mediate “workers’ demands in a way that is steady and acceptable to the state and the economic system” is nonsense. The constraint on militant industrial trade unionism in the modern world is due not to timid nor bureaucratic leadership, but deep seated difficulties of organizing workers in workplaces blighted by casualization, bogus self employment, low union densities and not enough experienced lay activists.

Indeed it is worth reflecting, as Gregor Gall did in his recent Huffington Post article, that far from being unimaginative, unions – especially Unite and GMB – have been very innovative in combining political, legal and media pressure on employers, such as Uber, Asos and Sports Direct.

The challenge for such campaigning tactics is ensuring that they are financially sustainable for the unions in the longer terms by both recruiting and maintaining paid membership. Ultimately, however innovative trade unions may be at using our political and campaigning leverage, the foundation of union power is industrial strength.

This is why Michael Chessum’s article is so disappointing. Whereas the locus of purely political campaigning is constantly pulled towards Westminster, and a schedule of elections that is dis-empowering for activists, trade unionism is geographically dispersed and workplace injustice happens every day, giving activists an opportunity to make real change for the better. The biggest opportunity for building a powerful campaigning left is not to encourage Corbyn’s supporters to challenge the leadership of the unions, as Michael rather foolishly does, it is to encourage activists to join and recruit to the unions where they live and work, and to help us all together to build the strong industrial organization that can empower working people to improve their own lives.

 

Meet the new boss, same as the old boss

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For those of you who haven’t followed developments in the comments, there is a significant change here at SU. John Wight will be publishing his writings elsewhere, and we wish him luck, and every success for the future.

John has relinquished his editing and admin rights at SU, and if you were banned by John, then welcome back. I have asked Tony, who brilliantly assists with technical support behind the scenes, to “unban” people (it is quite beyond me). This may take a while to percolate through, so please be patient.

Trade Unions and the fight for civil liberties

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Last Saturday, the White Horse TUC hosted a fantastic day of talks around the broad topic of civil liberties. Around 30 people came to the event in Chippenham, most of them staying all day, and several participating in the discussion.

I think that it is no disrespect to the other speakers to acknowledge that the stand out highlight was the session addressed by Phil Chamberlain about the scandal of blacklisting. Phil lives locally in Colerne, and has stood as the Green Party candidate for the last two general elections, but he is better known for being the co-author, alongside Dave Smith, of the book about blacklisting, published by New Internationalist: Blacklisted : The Secret War between Big Business and Union Activists

I first came across Dave Smith when involved in the industrial action at Swindon’s Great Western Hospital in 2012, of cleaners who worked for Carillion. In February of that year, there was a meeting between the union and, amongst others, Carillion’s HR director, Liz Keates, which failed to resolve the issues and suggested that Carillion were adopting a hard nosed approach. It transpired that Liz Keates was the main contact for Carillion with the Consulting Association, the shadowy but rather ramshackle organisation which operated a blacklist on behalf of major construction companies. Keates had been involved in the blacklisting of Dave Smith, for no more than carrying out normal trade union activities, thus denying him the opportunity to earn a living for several years, despite him being a skilled engineer.

Phil’s involvement with blacklisting was through a different route, having been commissioned by the Guardian back in 2008 to research and write an article about it. Although I have had some peripheral involvement myself with the campaign, I found learned a great deal from Phil’s talk, which was completely fascinating. He showed slides of the shoddy green door that led to the Consulting Association’s office in a small town high street; and of the file cards, and manila folders full of tittle tattle, which were used as the basis for blighting the lives of thousands of blameless victims.

As Phil talked through the content of the index cards, it became obvious that the “tradecraft” of the Consulting Association was modeled on Special Branch and security services protocols, partly due to the cross over between their work, but also because the rather sad individuals involved in this shabby snooping had sought to invest themselves with a crusading purpose, the vigilance against what they saw as communist subversion, but which was in truth nothing more remarkable than day to day exercise of trade unionism and diversity of opinion in a liberal democracy. Far from a Moscow led plot, all the Consulting Association documented was the everyday struggle of working people to ensure a safe workplace, and to be treated with decency and respect.

The extraordinary lengths that these powerful companies, household names like MacAlpines, Kier and Skanska, were prepared to go to to protect and preserve their wealth and privilege was echoed by another speaker, Paul Dobson, who originally comes from Trowbridge, but currently resides in Caracas, where he works as a journalist. We were lucky to catch Paul on a visit to the UK. He described the process of destabilization and misinformation by which the rich in Venezuela seek to undermine the current socialist government. The opposition manage to dominate the foreign perceptions of Venezuela as they not only control most newspapers and TV channels, but are more likely to speak English, and more likely to be socially amenable to the expectations of commentators from Europe and North America. Among the poor and disadvantaged the government remains popular, but few foreign journalists listen to their voices.

Ray Packham gave a very informative talk about his experience living in Hebron, in the West Bank. Ray explained very well the culture shock for anyone who has visits Palestine, where whatever you have read, the oppression is worse than you were expecting, and the resilience and social solidarity of the Palestinians more inspiring.

Steve Gilbert, the author of the excellent book about Jeremy Corbyn – Accidental Hero, described the events of the last few months, where a sustained and malicious campaign of intimidation, misrepresentation and bureaucratic obstruction has been unleashed to seek to thwart the democratic expression of radical opinion through the Labour Party, which has included absurdly concocted allegations of violence at meetings, vandalism, and anti-Semitism.

The thread running through all these sessions was that the rich and powerful will stop at almost nothing to defend their position. Indeed, the day of talks was organized to commemorate the memory of Thomas Helliker, the Trowbridge Martyr, who was framed for a crime he did not commit, and executed in 1803 on his 19th birthday. His execution was aimed at thwarting the fight by shearmen to prevent the introduction of machinery. Helliker refused to save his own life by incriminating the real arsonist, believed to be his older brother.

However powerful and ruthless our enemies may be, the talks gave examples of how ordinary working people have proven that we have the power to overcome.

Finally, there was good interest and sales of both Phil Chamberlain’s book on Blacklisting, Steve Gilbert’s book on Corbyn, and the book by the White Horse TUC’s chair, Rosie MacGregor about Angela Gradwell Tuckett, Remembering Angela. There were also good sales of cards and candles from Scarlet Banner

Who holds companies to account for false claims about corporate ethics?

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The report from BBC’s Panorama about the use of Syrian child refugees to manufacture garments for the UK retail industry is shocking.

The youngest worker was 15 years old and he was working more than 12 hours a day ironing clothes before they were shipped to the UK.
A spokesperson for Marks and Spencer said … “Ethical trading is fundamental to M&S. All of our suppliers are contractually required to comply with our Global Sourcing Principles, which cover what we expect and require of them and their treatment of workers.

GMB has previously exposed how Marks and Spencer’s Global Sourcing Guidelines are not worth the paper they are written on. At their distribution centre in Swindon, M&S have hidden behind a convoluted supply chain and staff costs have been reduced by use of so-called “Swedish Derogation” contracts which had unethically evaded the equal pay provisions of the Agency Workers Directive. The GMB union has been campaigning on this issue for over two years now, and as a consequence of that campaign the agency who directly employs hundreds of staff working at the Distribution Centre recently replaced the Swedish Derogation (also known as Regulation 10) contracts. The result has been pay rises of between 11% and 44% for GMB members, depending upon shift payments and numbers of hours worked.

However, it is worth noting that M&S took no responsibility for conditions in its own Distribution Centre in Swindon, and did not consider the abuse and exploitation of the agency workers thereto be a breach of their Global Sourcing Guidelines.

This is why we are justified in being sceptical over M&S’s claim, quoted by BBC that:

Marks and Spencer says its inspections have not found a single Syrian refugee working in its supply chain in Turkey.

Indeed the BBC says:

But Panorama found seven Syrians working in one of the British retailer’s main factories. The refugees often earned little more than a pound an hour – well below the Turkish minimum wage. They were employed through a middleman who paid them in cash on the street.

Companies like Marks and Spencer invest in their brand image, and it is highly unfortunate that the corporate spin is effectively rubber stamped by the Ethical Trading Initiative, which includes trade union endorsement.

M&S are not the only company to boast of their ethical credentials, which actually behaving like exploitative sharks. In February the GMB called for Fyfes to be expelled from ETI

14 women workers in Honduras were hospitalised in December after being poisoned by the noxious chemicals they were forced to handle without any personal protective equipment says GMB.

GMB is calling for Fyffes, the Irish multinational fruit company, to be expelled from the Ethical Trade Initiative because of sustained and repeated violations of human rights on its plantations in the Central American republics of Honduras and Costa Rica.

Bert Schouwenburg, GMB International Officer, said “If the Ethical Trading Initiative fails to take action against Fyffes given this appalling record, it will confirm suspicions that it is little more than a talking shop which does not merit UK taxpayers’ support. Fyffes should immediately be expelled.”

It is excellent work from BBC in exposing the exploitation of child labour in the M&S supply chain. The company can claim they did not know, but they ought to have known, and the clues would be in the prices submitted to them by their suppliers, and the clearly visible conditions that the workers were enduring, that would surely have been apparent to any genuinely rigorous audit programme.

But the TUC, and trade unions, need to look hard at how they effectively allow rogue companies to parade an endorsement from the Ethical trading Initiative without sanction when they are actually behaving unethically.

Oceania was at war with Eastasia: Oceania had always been at war with Eastasia

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We are truly entering the world of the surreal. The BBC and other news outlets report in breathless tones how Iraqi government forces and Kurdish soldiers are entering Mosul to fight ISIS with American air cover, and possibly the support of the RAF. The Iraqi government has invited military support from the Americans and other Western powers.

Meanwhile the same news channels report that Syrian government forces and Iranian soldiers fighting Islamists in Aleppo with Russian air cover.The Syrian government has invited military support from the Russians and Iran. According to the British government, the Syrians and Russians are apparently committing war crimes by bombing an urban area.

Meanwhile the British government supplies planes and munitions to Saudi Arabia who bomb civilian areas in Yemen.

I have respect for consistent pacifists. I once asked Bruce Kent what the alternative to war is,for example in self defence, and he said “”the alternative is not to fight”. I don’t agree with this point of view but it is intellectually and morally consistent.

In practical terms, armed operations to defeat a determined and organised military force in an urban battlefield cannot avoid civilian casualties. The law is complicated, not least as both the Syrian and Iraqi conflicts are internal armed conflicts, where legally the Islamist forces are not soldiers of a belligerent power.

I am not an expert on the laws of war, though I have been trying read up on it to gain some understanding, but from what I gather, while it is illegal for those besieging Mosul and Aleppo to target civilians, it is not unlawful for them to target military assets where they anticipate proportionate civilian casualties. It is furthermore unlawful for the besieged forces to deliberately site their military assets so as to be using the population as a human shield.

As a question of fact, I don’t know whether the Islamist rebels in Aleppo,or iSIS in Mosul, have located their military forces close to civilian buildings. However, if they have, the choice given to the besieging forces is to either disengage their attack, or to calculate that the number of civilian casualties that it will consider proportionate has increased by the actions of the defending forces.

What is clear, is that peaceful and political solutions are to be preferred. The actions of the British government in seeking to raise the temperature with ill considered and reckless sabre rattling aimed at Russia are at very best unhelpful.

Abbott – cometh the hour, cometh the woman

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The appointment of Diane Abbott as shadow home secretary has received a predictable cacophony of faux outrage. The coverage in the Express is typical, replete with sexist references to her sexual history and insults.

The appointment of Ms Abbott, a close ally, supporter and one-time girlfriend of fellow north London MP Mr Corbyn, was seen as a particularly provocative move.

She moves from Shadow Health Secretary to replace Andy Burnham who has stood down to focus on his campaign to be elected Greater Manchester Mayor next year.
One anonymous Labour MP commented: “Diane Abbott is now in charge of our response to security, terror and immigration. Do they want anyone to vote for us again?”

Another branded her “incompetent” while former Labour HQ official Jo Green Tweeted: “Labour’s top three are Corbyn, (Shadow Chancellor John) McDonnell and Diane Abbott. Electoral suicide awaits.”

Last week, Ms Abbott told a Labour conference meeting that voters backing limits on European Union immigration simply “want to see less foreign-looking people on their streets”.

In fact it is a very smart move. The senior leadership of the shadow cabinet is now in hands of those who are loyal to trajectory of the party, as now twice endorsed by the membership.
Like McDonnell and Corbyn himself, Diane Abbott has historically been a figure outside of the golden circle of the Westminster elite, and the last year has clearly required adjustments from all of them, in response to their greater responsibility. However, over the last few months she as done extremely well as shadow health secretary, and she is accomplished in front of the television camera.

But most significantly, a time when the Conservative Party is seeking to polarize British politics over the issues of race and immigration, hoping to seek the shift the centre ground on the issue as a smokescreen for their problems over Brexit, then Abbott’s appointment is the clearest signal that Labour will not follow them down that path.

Let us be clear, the wisdom of the centre-right in the party that Labour should not drift too far way from the Conservatives over policy simply doesn’t work when politics is in flux. The economic prescriptions which the three defeated candidates in last year’s leadership elections were triangulated around George Osborne’s policies, and would – in logical terms – be to the right of the current government.

Triangulation is part of a tired process that the electorate is disillusioned with. What is more, the chaos in UKIP and the opaqueness of what Thereas May’s government actually believes in, shows that all political parties are struggling to position themselves in a dramatically altered political landscape.

Abbott is the right choice, and she will do well.