BA: Striking now illegal
May 17th, 2010After the General Election charade finishes, the war that we aren’t allowed to name and aren’t defend ourselves in, carries on. British Airways have been awarded a 2nd injunction against their cabin crew’s union.
There’s not much to add to this article at LibCom, which echoes some of our earlier comments.
Like BA’s previous successful injunction against strike action by its employees over Christmas, the technicality it is disputing could in no way affect the mandate for strike action that has been presented by cabin crew. 81% of members voted in favour of strike action on a turnout of over 70%. Instead, a clear message has been sent to employers that no matter how large or clear the vote for strike action is, the most trivial of technical points can be used to halt strikes.
But what these rulings demonstrate is that the right to strike doesn’t really exist in the UK anymore, because they impose an onus on unions and consequences which don’t exist for other kinds of organisations. It is unimaginable, for instance, that a council could be prevented from collecting its council tax payments due to inaccuracies in its database of residents, or that the results of the general election could be annulled due to irregular voter registration (which certainly does happen – evidence of electoral fraud arises at every general election, including this one.) In this way, smaller organisations with smaller resources like trade unions are obligated to meet higher standards of record-keeping than exist elsewhere.
Important caveat:
Its worth making a point at this stage in case we are mistaken as arguing from the perspective of defending unions’ rights. Unions are of course inconvenienced by this state of affairs, but on the other hand complex anti-union laws give them more scope for frustrating the initiative of their members. Whether or not the unions ‘want’ to impose anti-union laws is irrelevant, in practice they either have to do that or have their funds sequestered, any union which openly and flagrantly defies the laws will lose its right to protection from litigation and will be destroyed through the courts.