A 2009 raid on the office of the “Consulting Association” revealed it had been compiling information on thousands of workers to help construction industry bosses keep their sites free of potential trade union organisers.
As the scale of the blacklisting operation has become clearer, other sordid facts have emerged. The type of information contained in CA files is so detailed that it could only have come from state sources, suggesting state collusion in the blacklist. Recently, it emerged that right-wing officials of the construction union UCATT, and of Amicus (one of the unions that merged to form Unite), may have been complicit in passing on names to blacklisting bosses.
Although some workers have discovered their own blacklisted status, the vast majority of blacklisted workers are still unaware. Some victims of the blacklist are now pursuing a legal action, while some councils have taken a stand against blacklisting by committing not to give public contracts to the firms implicated. The Blacklist Support Group, the national rank-and-file committee of construction activists in Unite, and the rank-and-file construction workers’ bulletin Siteworker have maintained a near-constant campaign of direct action against prominent blacklisters, frequently bringing Oxford Street traffic to a standstill to expose blacklisting and union-busting on the Crossrail development.
Three activists involved in the struggle for justice for blacklisted construction workers spoke to Solidarity.
Transform the unions to beat the blacklist
“I found out that I’d been blacklisted in May 2011 after I’d applied to the Information Commissioner’s Office, more out of curiosity than anything else.
They sent me a file which went back to early 1995. It had one page, and documented the only time I’d been involved in industrial action at a major civil site — Connah’s Quay Power Station in north Wales. It made reference to me being incompetent and then it referred to me as a bit of a sheep!
The revelations since the scandal have been shocking. What strikes me is the distinct lack of remorse since the story broke in 2009. A lot of people implicated act like they are above the law and have no basic grasp of what’s right or wrong, as seen with the evidence from Cullum McAlpine (director of the firm Sir Robert McAlpine) and the late Ian Kerr. At least with the Leveson Inquiry and the much reviled Murdoch apology (however sincere or insincere), it did make him accountable and responsible for his actions. We are hoping that Kerr’s wife, who was also part of the cabal, will come forward and fill in some more pieces within this elaborate conspiracy jigsaw.
The stand of the councils that have pledged not to give contracts to blacklisting companies is noble. This sends a clear message to the contractors, who deal in currency without morals. The councils’ stand tells them they will be hit in the pocket, by exclusion from the tender process, should this malpractice rear its ugly head again.
The unions need to grow balls again. It’s that simple. For too long this Machiavellian practice has been allowed to go unchecked. Rank-and-file union activists have driven this campaign to where it now; it is not constrained by bureaucracy. Union hierarchies have to acknowledge what the members need in terms of site organisation at site level.
We need democratically-elected stewards, accountable full-time officials, no self-serving, stooge convenors, no sweetheart deals and partnerships with blacklisting companies. We also need roving safety reps on sites. This is the only credible and transparent way forward.
As workers, we need to go back to collective bargaining. If that means implementing actions — official or unofficial — on companies who do not recognise unions within their workplaces, then so be it.
Exposing and ending these practises needs dedicated and committed union resources from the bottom up. That means starting with organisation on the shop floor — i.e. on sites.
I am mortified about union collusion in blacklisting. I’ve seen documentary evidence which made my stomach turn. These people who have betrayed us need to be weeded out of the movement, no excuses.
Blacklisting bosses have been invited as guests to union conferences — this also needs to stop . We as unions are saying we are committed to eradicating blacklisting though we are happy to invite them into our house. I’d go as far to say it’d be like inviting far right party representatives into conferences. People now need to be made accountable and challenged as to the merits for inviting these persons.
Actions against these companies can take many forms. Demonstrations at Crossrail have brought the campaign to blacklisting companies’ doorsteps. That’s rank-and-file activity at its best. Awards ceremonies have also been targeted.
We should also lobby parliament for legislative change. We want stronger actions, including custodial sentences for the perpetrators. We also want stronger Tribunal legislation. The current regulations are so full of loopholes that the workers often fall at the first hurdle. This needs changing, and quickly, if we are to get any type of justice and legal redress there.
Tribunal judges must cut through bureaucracy. They have the capacity to see what’s right and wrong. They must act accordingly instead of citing red tape issues and treating the current blacklist regulations like a hot potato.
My recent blacklist case against one of the Consulting Association subscribers has seen me hit for costs. As only 2% of cases have costs awarded, this shows how seriously the Tribunal currently takes these claims.
I would also like to see us taking this to Europe. Sweden is where the biggest culprit, Skanska, originates from. Let’s take the protests to their plush offices in Stockholm. Let’s network with construction worker activists there, where the same corrupt practices will no doubt be in place.
The word “blacklist” was first documented in the 17th Century. That was around the time of the English Civil War. It seems we’ve gone back to the dark ages with the revelations in this rapidly developing scandal.
Just like in 1647, justice must now be seen to be served.”
Roy Bentham
“Hit the blacklisters economically”
“In 2009, I discovered I had been blacklisted since 1985. A pattern seemed to fall into place about finding and sustaining regular work. Difficulties with home life and amenities resulted.
Only five to ten percent of the blacklisting operation in my industry has been uncovered. I think other industries operate in the same way.
It is vital to hit the blacklisters economically. This is what they’re all about, after all. The right legislation is coming; in time blacklisting will be as abhorrent and illegal as any other kind of discrimination.
Union involvement should be fully exposed to regain lost trust over the years of inaction. When companies are found to blacklist, protests such the Crossrail demos ought to be encouraged. Where necessary, strike action must be taken.”
Vic Williams
“We’re a long way from revealing the full extent”
“I had full employment in the electrical industry from 1971-2000. In 1999, I took the shop steward’s position on the Marks and Spencer project in Manchester.
Following this, my phone stopped ringing for job offers when previously I was inundated with offers.
This continues to this day, due to my name being on the blacklist.
In the last 10 years, I have only worked approximately four of those years, and only on short-term contracts via employment agencies.
In 2003, myself and three others were removed from the Manchester Piccadilly No.1 site for raising health and safety issues. I did not gain employment again until November 2005. This was on the Manchester Royal Infirmary, which was due to run until 2012.
I was again removed from site, five months into the contract, via a false redundancy. In both of these cases, I was successful in employment tribunals.
I still think we are a long way from revealing the full extent of this practice. More and more evidence is coming out every week. The Tory government are stalling on a full enquiry. They say they need more evidence; they should read the 3,000-plus files.
We need every council in Britain to remove these companies from their tender lists. Legislation also needs changing. National agreements should be adhered to in every sector of construction.”
Graham Bowker
