[IER] IER Conf The ECJ, Trade Union Rights and the British Government 28th Nov

Tue Nov 17 10:47:50 GMT 2009

A think tank for the labour movement

HomeDear Colleague

Reminder for circulation from the Institute of Employment Rights-

The New Spectre Haunting Europe: The ECJ, Trade Union Rights and the British
Government

a free conference

Saturday 28th November 2009

10:00am- 3:30pm

in the Main Hall, TUC Congress House 

organised by The Institute of Employment Rights in association with SERTUC

to book your free place, please contact office at ier.org.uk with your details

Nearly two years ago, trade unions faced four hostile decisions from the
European Court of Justice. Those decisions - in the Viking, Laval, Ruffert
and Luxembourg cases - struck at the very heart of trade union activity.
They attacked the right of unions to take strike action in support of jobs.
They undermined collective bargaining by preventing industrial action in
defence of pay and conditions above minimum standards set out in the Posted
Workers Directive.

Since then, the implications of those hostile European decisions have been
played out in a series of UK disputes. First, BALPA was threatened with
bankruptcy when BA brought legal proceedings against planned strike action
to prevent the export of jobs. Then national agreements covering UK oil
refinery workers at East Lindsey were threatened by the employment of
Italian workers under the Posted Workers Directive. More generally,
employers are using both the recession and reference to the hostile
decisions of the ECJ to undermine terms and conditions and prevent unions
fighting back.

Nor does the future look any brighter. If the Lisbon Treaty is forced
through, the powers of the ECJ - used so aggressively in favour of employers
in recent years - will grow still further with devastating implications for
unions. Maintaining terms and conditions on major construction sites like
the Olympics will be a struggle. Union campaigns like those for a living
wage or for progressive procurement policies will increasingly be
challenged.

So how should unions and their members respond? What are the political,
legal and industrial options open to unions and their members? Unions are
pushing politically for changes to EU and UK laws. Lawyers are looking at
ways to challenge the direction of the ECJ through the ILO and the European
Court of Human Rights. But can workers wait? Examples of workers ignoring
restrictive laws and fighting back in defence of pay and jobs are already
spreading - and winning.

This conference, organised around the 2nd anniversary of the initial ECJ
decisions, aims to bring workers together with sympathetic academics and
lawyers to share information, learn from each others' experiences and plan
for a better future.

Organised jointly by SERTUC and IER, the conference will offer a FREE day of
lively debates in breakout sessions and full plenary discussions. Come and
join us! 

programme

*	10.00 Registration 

1.	10.15 Welcome from Chairs, Megan Dobney
<http://www.tuc.org.uk/tuc/regions_info_southeast.cfm> SERTUC; Carolyn Jones
IER
2.	10:30 The impact of ECJ cases on collective bargaining and
collective action. Keith Ewing
3.	11.00 Impact by Industrial Sectors:

Construction 
Barry Camfield, previous AGS of TGWU & serving Board member of ODA.
Alan Ritchie  <http://www.ucatt.info/> UCATT
Chair: Steve Cottingham,  <http://www.ohparsons.co.uk/> O H Parsons 

Manufacturing
Phil Davies,  <http://www.gmb.org.uk/> GMB
Chair: Richard Arthur,  <http://www.thompsons.law.co.uk/> Thompsons
Solicitors

Public Services 
Brian Caton,  <http://www.poauk.org.uk/> POA
Billy Hayes,  <http://www.cwu.org/> CWU
Chair: Keith Ewing

Transport 
Bob Crow,  <http://www.rmt.org.uk/> RMT
Chair: John Hendy, QC

*	12.30 LUNCH provided by SERTUC 

*	1.00 Assessing the industrial problems: projecting likely responses:
Interpretive Reports from Chairs of Sectoral Sessions (Panel)
*	1.40 An international Response Filip Dorssement, Belgian academic
*	2.00 Policy Possibilities at the European level John Monks,
<http://www.etuc.org/> ETUC
*	2.30 Domestic policy proposals in the UK Sarah Veale,
<http://www.tuc.org.uk/> TUC
*	3.00 The New Spectre Haunting Europe: Time to change course? John
Hendy, QC  <http://www.oldsquare.co.uk/default.asp> Old Square Chambers
*	3.30 Close of conference 

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