Congress notes at the Transport Committee hearing on 7 September 2011 the Secretary of State for Transport and European Commission representative said it would be legally possible to reverse the decision not to make Bombardier preferred bidder for the Thameslink rolling stock contract.

Congress welcomes the leader of the opposition’s call on 8 September for a parliamentary debate in support of the campaign to save Bombardier jobs.

Congress condemns the government’s betrayal of rail workers and their abject failure to protect jobs and act in the national interest.

Congress welcomes the campaign of the TUC and affiliates to date and requests the General Council convene an urgent meeting of affected affiliates to consider all possible steps to stop the closure of the Bombardier Derby Litchurch Lane works and to consider supporting the parliamentary rally for Bombardier called for 12 October.

Congress agrees to continue to campaign to save Bombardier for as long as it takes. Noting existing Congress policy to re-nationalise the railways and that train manufacturing was previously undertaken by British Railways Engineering, Congress believes in the event of Bombardier withdrawing from the UK, consideration should be given to nationalisation to save UK train manufacturing and prevent devastation of jobs and communities.

Congress recognises that a reversal of the decision is likely to impact on the expectation of other workers employed by Siemens and would assure its members that the principle of supporting British manufacturing and protection of jobs is the overriding issue.

Mover: National Union of Rail, Maritime and Transport Workers

Congress notes with concern the report of 5 September 2011 that the government plans to reduce the rights that the Agency Worker Regulations introduced on 1 October this year. Congress, however, believes that the existing regulations already fall short of the legal and moral requirements that the Agency Workers Directive imposes on EU states.

The subsequently issued statements by the Recruitment and Employment Confederation (REC) on 6 and 10 September supported the review of so- called “gold-plated” provisions. The REC has produced a specific briefing document on the ‘Swedish Derogation’ advising agencies how to use this to best advantage.

Congress notes with concern in recent weeks the increasing numbers of employers, including the major supermarkets’ meat supply chain, seeking to avoid the application of equal rights for agency workers by applying ‘the Swedish Derogation’. This will allow employers, in conjunction with agency businesses, to avoid equal pay by directly employing the agency workers on contracts that may offer as little as one hour’s work per week.

Congress therefore instructs the General Council to explore grounds for a legal challenge against the UK government in respect of its failure to properly implement the spirit and the legal requirements of the Agency Workers Directive.

Mover: Unite

Congress is appalled at the treatment of NUJ members in East London on Saturday 3 September 2011.

Journalists were carrying out their work, reporting the EDL event, taking photographs and recording eye witness accounts on behalf of a wide range of media outlets.

Journalists were subjected to harassment, threats and abuse including physical assaults, racist abuse and bottles and fireworks being thrown at the press. One journalist was subjected to a sexual assault and another suffered burns after an EDL protestor set the journalist on fire.

Congress publically condemns the actions of the EDL and the ways in which they target media workers and Congress will continue to support all trade unionists that are targeted by the far-right.

Far-right attacks on media workers are aimed at deterring them from carrying out their work and are designed to intimidate trade union members and stop the media reporting on far-right activity.

Such attacks are a violation of press freedom and an attack on our democracy.

Congress expresses solidarity with NUJ members and calls on the General Council to campaign publically against far-right groups.

Congress urges the General Council to:

• i.   call on the police to take action to identify and prosecute EDL supporters who attack trade unionists
• ii.  support and assist affiliate unions when far-right groups threaten the health and safety of their members.

Mover: National Union of Journalists
Seconder: National Union of Rail, Maritime and Transport Workers

Congress welcomes the TUC response to the riots that saw some of the worst rioting for over a decade in England towns and cities.

Congress recognises that criminality and violence cannot be condoned or excused, but simplifying the underlying causes can lead to the wrong solutions.

It is accepted that this is a complex area and does not need a knee-jerk reaction from the coalition government nor senior politicians giving soundbites and blaming certain sections of society or indeed the criminal justice system.

Congress recognises that government needs to reflect and a root and branch review involving the trade union movement can assist government in ensuring an outcome that is fair and balanced.

Congress also recognises the professionalism of public sector workers and indeed those in the private sector who did everything to protect the general public during the riots and aftermath: the emergency services such as prison officers and related grades, fire fighters, police officers, ambulance workers along with nurses and doctors. Without our frontline services putting the general public first, the riots could have been so much worse.

Congress places on record its condolences to the family and friends of those who lost their lives during the riots.

Congress instructs the General Council to further influence the coalition government in establishing the true underlying causes of the recent riots.

Mover: POA
Seconder: Fire Brigades’ Union

Congress notes that parliament debated and voted on abortion rights in May 2008 when MPs voted to maintain the upper limit of 24 weeks. The move to reduce the upper limit to 20 weeks was supported by Cameron. This time Cameron has supported and then not supported the amendment, flip-flopping on a crucial issue for women.

Congress notes that the government now intends to review abortion counselling services.

Congress believes in a woman’s right to choose with balanced, professional support and care from regulated bodies. Congress believes that women’s access to impartial, non-directive and clinical information on pregnancy choices must be maintained and unions must challenge any move that would result in women being offered pre-abortion counselling, where there is no such guarantee.

Congress instructs the General Council to:

• reaffirm Congress policy of a woman’s right to choose as set out in motion agreed at 2008 TUC Congress
• encourage affiliates to do the same
• re-issue the TUC leaflet ‘abortion – a trade union issue’
• continue to support the campaign against these detrimental changes to abortion counselling.

Mover: University and College Union
Seconder: Unite

Congress notes that health and safety is a cornerstone of a civilised society.

Congress notes that any death or serious injury at work is one too many.

Since the Conservative-led government took power, ministers have targeted both safety legislation and the Health and Safety Executive, due to the government’s ideological obsession with cutting “red tape”.

Congress notes that the Health and Safety Executive (HSE) faces spending cuts of at least 35 per cent over three years, leading to an estimated budget reduction of over £80m per year by 2014–2015; to possibly 700 redundancies; and to potential office closures when enforcement activities have already fallen to an all-time low. Government cuts will make it impossible for the HSE to ensure workplace safety.

Congress also notes that cuts in local government spending will impact on the role of environmental health officers.

Congress expresses concern that the consequential reduction in health and safety enforcement activity, with an anticipated 33 per cent reduction in proactive HSE inspections will lead to an increase in accidents and fatalities. Even in industries where unannounced inspections will continue, such as construction, the number of inspections is set to substantially diminish.

Congress recognises that construction fatalities rose by 22 per cent last year and management failings are a factor in 70 per cent of fatalities, yet just 30 per cent of companies are convicted following a construction worker’s death. Construction companies are increasingly voluntarily entering administration to escape justice following the death of a worker.

Congress believes that the decision to close the HSE’s Infoline will result in it becoming impossible for workers or the public to report dangerous working practices to the HSE.

Congress believes that there will be an inevitable link between the current government’s deep cuts in public spending and a reduction in the policing of workplace health and safety by agencies like the Vehicle and Operator Services Agency (VOSA) and the Highways Agency (HA). The proposed reduction in the government’s contribution to the Health and Safety Executive will inevitably have an impact on the budgets of both agencies for their own health and safety work. Inevitably essential health and safety work between agencies and trade unions will be shelved as a result of the wide-reaching budgetary cuts. Given the very high level of work-related fatalities in the road transport sector, this is of grave concern. A coordinated approach by the relevant enforcement agencies must be adopted urgently so that the causes of work-related accidents on roads are fully investigated and preventive action can be taken.

Congress condemns the reckless implementation of Lord Young’s proposals to dismantle much-needed protections for workers and the communities they serve. Abolition of the Adventure Activities Licensing Authority will create an insecure environment for school trips, with teachers reluctant to organise visits and parents fearful for the safety of their children.

Congress fears that the Lofstedt Review will result in the scrapping of important safety regulations in the name of cutting red tape. Congress rejects any assertion that regulation is anti-competitive or a constraint on business. Successful businesses don’t fear regulation that is clear and properly enforced. It is a vital part of levelling the playing field and ensures that competition is not purely on the basis of cost minimisation and lower standards.

Congress requests that the General Council continue to be actively involved in campaigning with all affiliates affected by any watering down of health and safety imposed through the government’s health and safety reform.

Congress calls on the TUC General Council to launch an active and broad-based campaign to reverse the government’s cuts programme, to campaign to keep health and safety in the workplace unaffected by any proposed budgetary reductions and lobby for the introduction of legislation that guarantees the safety of all workers.

Congress also requests that the General Council help prepare the basis for a legal challenge for those affected by any imposed change that would have prevented harm prior to any such watering down.

Mover: Union of Construction, Allied Trades and Technicians

Seconder: Broadcasting, Entertainment, Cinematograph and Theatre Union

Supporters: United Road Transport Union; National Union of Mineworkers; Unite; National Union of Teachers; Prospect

Congress agrees that work-related stress has been a growing problem for many years and in the current climate of cuts and reform in the NHS will see more victims succumb to this serious illness. Within the podiatry profession the SCP has witnessed many of its members being placed under severe pressure by a combination of measures overseen by NHS employers in an attempt to make savings and conform to the reform agenda. Podiatry services have been redesigned resulting in job losses, and downgrading larger workloads. In addition, job vacancies have been frozen, which leads to patients not receiving timely care and literally tens of thousands of patients are discharged from podiatry patient lists, denying them access to NHS treatment, as a cost-saving exercise. This causes unnecessary anxiety to the clinician as it is they, not the senior executives whose decision it is, who have to explain to the elderly and, in some cases, vulnerable patients that they no longer qualify for care.

Congress believes this combination of issues for SCP members creates a downward spiral that can lead to stress and mental health issues. Sickness levels go up, other staff are under even more pressure and so the cycle continues.

Congress also recognises that job cuts and greater workloads will increase stress for all public servants and particularly for managers who are responsible for ensuring continuing delivery of key services whilst their own jobs and those of their staff remain under threat in this period of considerable change and upheaval.

Congress believes that this is an unseen side of the cuts agenda and calls on the General Council to highlight this matter in future campaigning material, publicity and in the media.

Mover: Society of Chiropodists and Podiatrists

Seconder: FDA

A maximum temperature of 30°C or 27°C should be pursued for those doing strenuous work, where once the temperature reaches the maximum limit, then control measures must be implemented to reduce the heat and/or the effect on the employee.

Congress would also ask that the TUC put pressure on the Labour Party to ensure that this long-standing campaign forms part of their manifesto pledge.

Bakers, Food and Allied Workers’ Union

Congress is alarmed Mode 4 will mean it will be almost impossible to enforce employment rights for Indian workers because they will be employed by “companies of convenience” with their employment contracts registered in India, outside the jurisdiction of UK courts.

Congress is appalled Mode 4 also allows for the negation of other domestic legislation that protects workers, which will lead to the displacement of existing workers from their jobs, exploitation of migrant workers and the undercutting of those already resident in the labour market. This will also result in an attack on collective agreements and trade union organisation.

Congress condemns the fact that the free trade agreement is also about liberalisation of sections of the Indian economy, EU access to public procurement and the pharmaceutical industry, and strengthening the power of EU business in India.

Congress notes the agreement is to be concluded by December 2011 and requires ratification by member states.

Congress welcomes that TUC representations have been made and welcomes the support of Indian trade unions.

Congress calls for a campaign against this agreement, a raising of awareness with the public, media and politicians and, if the agreement is implemented, safeguards to prevent exploitation and protect jobs, conditions and employment rights.

National Union of Rail, Maritime and Transport Workers

Amendment

In paragraph 4, line 4, delete “and the pharmaceutical industry”

At the end of paragraph 4 add:

“without strengthening their obligations to provide decent work for Indian workers.”

Add new final paragraph:

“Congress notes the proliferation of FTAs benefiting multinationals in places where trade unionists are routinely tortured and killed, i.e. Colombia and Central America, and calls on the EU not to make agreements that undermine democratic accountability in host countries.”

GMB

Congress believes it is time Britain disengaged from this conflict and in particular urges the rapid withdrawal of British forces from Afghanistan. The occupation there has brought devastation to the country, cost the lives of thousands of civilians and hundreds of British soldiers and destabilised nuclear-armed Pakistan. The future of Afghanistan can only be determined through talks between the parties in the country itself.

Congress believes the attack against Libya has been misjudged and, while holding no brief for the Gadaffi regime, believes military action should be halted immediately and that international efforts should be focused on securing a peaceful political settlement to the conflict.

Since there can be no peace in the region without justice for the Palestinians, Congress endorses the call for the recognition of the State of Palestine and urges the British government to take all actions appropriate to help achieve this objective. Congress calls for immediate, unconditional negotiations between the Israeli government and the representatives of the Palestinian people to secure peace.

Congress reaffirms policy adopted in 2010, particularly the instruction to the General Council “to work closely with the Palestine Solidarity Campaign to actively encourage affiliates, employers and pension funds to disinvest from, and boycott the goods of, companies who profit from illegal settlements, the Occupation and the construction of the Wall.”

Unite

Amendment

Insert new paragraph 5:

“Congress deplores the anti-democratic law passed by the Knesset banning individuals and organisations in Israel from calling for the boycott of Israel.”

Add at the end of the last paragraph:

“Congress calls on all unions on the basis of this policy to review their bi-lateral relations with all Israeli organisations, including Histradrut.”

Public and Commercial Services Union