A strike for Bonfire Night

Are public-service strikes ever an abuse of power?

The liberal-minded usually have no problems in spotting abuses of power. And the liberal-minded can usually see straight through the protestations of the abusers.

They can call out the City bankers who abuse the bonus system, regardless of the bankers' charming assurances about the "free market". They can deride the tabloids for their excesses, even when the tabloids loudly invoke "freedom of the press". They can dismiss those justifying misuses of police power, notwithstanding the often alarming claims for the need for "law and order" and "anti-terrorism".

In each of these cases, and in many more, the liberal can simply say: that is an abuse of power, and it matters not how you try to defend it.

However, there seems to be a blind spot for many liberals: unnecessary strikes by public-service unions.

When workers who provide public services go on strike, it is an exercise of power. Of that, there can be no doubt. The question then becomes: what kind of an exercise of power is it?

Any exercise of power can be an abuse of power in certain circumstances. Some may perhaps say that there are no such circumstances: striking public-service workers are beyond criticism. Their unions never abuse their power.

But surely this cannot be a serious proposition. Bosses abuse power; tabloids abuse power; police abuse power. There is no good reason why unions are not capable of abusing their power, too.

So, when is it an abuse of power for public-service workers to go on strike?

There are perhaps two elements.

First, there must be regard to the motivation of the strikers. They may use the language of "health and safety" and "long-term benefits", but it is possible that their motives are primarily selfish and financial. If so, such a motivation necessarily prioritises their personal interests above those whom they serve.

Second, there must be regard to the effects. The adverse impact of strikes by public-service workers is normally most keenly felt not by the strikers – or by their bosses. Nor is it felt by those with resources to circumvent the strike.

In particular, a strike by transport workers is hardly noticed by those with the luxury of being able to work from home or drive in to work. Instead, the effects hurt those who will not be paid if they do not turn up; those whose bosses will insist the day be taken as holiday; and those who may actually lose their jobs.

The direct and immediate consequence of any strike by public-service workers can arguably be worse for certain vulnerable and impoverished members of society than any George Osborne Budget.

But public-service unions seem to get away with it again and again. And they do so often with the silent complicity of the liberal-minded.

An abuse of power is an abuse of power; and selfish motives are selfish motives.

And so, as the London firefighters' union astonishingly threaten a strike on – of all days – Bonfire Night, the liberal must ask the questions: Is this an abuse of power and, if so, why is it being allowed to happen?

David Allen Green blogs on legal and policy matters for the New Statesman. He has recently been appointed a judge for the 2011 Orwell Prize for blogging, for which he was shortlisted this year.

David Allen Green is legal correspondent of the New Statesman and author of the Jack of Kent blog.

His legal journalism has included popularising the Simon Singh libel case and discrediting the Julian Assange myths about his extradition case.  His uncovering of the Nightjack email hack by the Times was described as "masterly analysis" by Lord Justice Leveson.

David is also a solicitor and was successful in the "Twitterjoketrial" appeal at the High Court.

(Nothing on this blog constitutes legal advice.)

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Our trade unions are doing more for women than ever before

You don’t have to look far to find examples of unions not just “noisily fighting for”, but actually winning better pay, terms and conditions for women.

Reading Carole Easton’s article on women and unions was puzzling and disappointing in equal measure. Puzzling because it paints a picture of trade unions which bears little resemblance to the movement I know and love. Disappointing because it presents a false image of trade unions to women readers just at a time when women need strong trade unions more than ever.

While it is right to say that too little progress has been made in closing the gender pay gap or tackling the scourge of zero hour contracts, it is wrong to suggest that trade unions have been twiddling their thumbs.

Like our friends at the Young Women’s Trust, equality is at the heart of what unions do. This work isn’t measured in the number of high-profile women we have at the forefront of our movement – although we’re not doing too badly there, as anyone will attest who has seen Frances O’Grady, the first female general secretary of the TUC, speaking out for ordinary women workers.  

Trade unions contribute to equality for our 3 million women members every day. For us, that’s about the thousands of workplace reps supporting individual women facing discrimination or harassment. It’s about health and safety reps negotiating for protective clothing and better workplace policies on the menopause, terminal illness and many more issues. Our work is unions taking employment tribunal cases on behalf of women who could never afford the tribunal fees without us. And always, at the heart of everything, our work is about the collective power of workers joining together to bargain for fair pay and decent work.

You don’t have to look far to find examples of unions not just “noisily fighting for”, but actually winning better pay, terms and conditions for women. Several unions have successfully organised cleaners, supported them to take strike action for better pay, and won. The RMT is just one example of many. Unite is busy organising London’s low-paid and often exploited hotel workers. Unison organises teaching assistants, fights for better pay and conditions, and even runs a Skills for Schools project to help TAs develop in their careers. Unison and the National Union of Teachers – both unions with over 75% female membership – organise childcare workers and fight not just for better pay but also for training and development opportunities. Over in the retail sector, Usdaw and GMB are fighting the good fight for their women members in supermarkets and shops, not just on pay but on pensions, health and safety, carers’ leave and protection from violence at work.

Women have much to gain from trade union membership. Male union members are paid 7.8 per cent more than men who aren’t in a union – but women union members are paid 30 per cent more than non-members. A recent EHRC report on pregnancy discrimination found that employers who recognised unions were less likely to discriminate against their pregnant employees.

Yes, it’s true that too few young women are union members. This summer, the TUC and our member unions will launch a new organising and campaigning effort to spread the benefits of union membership and attract a new generation of women (and men).

But starting new women-only unions is no form of progress. That’s where we started out over 100 years ago. Now women workers are at the heart of all our unions, across all sectors. Women’s concerns at work are trade union concerns. And every day we make practical progress towards women’s equality at work through patient representation and negotiation and active campaigning to challenge bad bosses. Young Women’s Trust should work with us to get more women the benefit of union membership.  

Scarlet Harris is women's equality policy officer at the TUC