EMPLOYMENT PROTECTION ACT (AMENDMENT) (Hansard, 13 July 1976)

§ Mr. Stan Thorne (Preston, South)
I beg to move That leave be given to bring in a Bill to amend the Employment Protection Act 1975.

§ Mr. Speaker
Order. Will hon. Members please leave the Chamber quietly if they have to leave before the Ten-Minute Rule Bill?

§ Mr. Thorne
I hope that not too many of them will come back when I have introduced the Bill.
The Bill seeks to amend the Employment Protection Act in certain particulars. It is worth recalling the first sentence of the Employment Protection Act which states: An Act to establish machiney for promoting the improvement of industrial relations". That is a specific aim and it seems to me that the whole basis of that Act was to proceed with that aim. Unhappily, one of the problems that we have had for many years in industry has not been particularly assisted by the passing of the Employment Protection Act. The problem I refer to is the large number of trade unions that we have in industries, in plants, and on construction sites, which seek to bedevil industrial relations in those particular areas. Many hon. Members on this side of the House have been anxious to see mergers and amalgamations in order to create a situation which make negotiations, recognition, involvement in decision making, and so on, easier.
Some managements, it is true to say enlightened managements, have also been concerned about the fall in the number of trade unions with whom they have to carry on negotiations and which represent various sections of the work force. Unfortunately, some owners and managements have quite different attitudes. Fearing the strength and unity which stems from affiliation to the Trades Union Congress and, in particular, the growth of white collar unionism over recent years, some owners and managements have deliberately fostered, and promoted, staff associations whose ideologies stem from an acceptance of the notion that all within the organisation have a common interest in pursuing the same goals. The 377 goals, of course, are the goals of management. This whole approach was based upon a myth that maximising profits did not mean minimising costs and, therefore, keeping wages to a minimum. In the real world in which we live the situation is quite different.
It is against that background of industrial relations in Britain today that the certification officer, established by the Employment Protection Act, has had to operate. It becomes increasingly clear that, because of the looseness involved in defining what an independent trade union is within the Trade Union and Labour Relations (Amendment) Act, this is creating situations only one of which time allows me to mention.
The amendment that I am suggesting would improve industrial relations, which is the aim of the Employment Protection Act, by ensuring that the interpretation of Section 1(2) of that Act, which is concerned with promoting the improvement of industrial relations through conciliation, will be related to the examining of decisions by the certification officer where they appear to be contrary to that aim.
It is a matter of regret that a good Act should be marred by the situation which presently exists revealed, in particular, by the certification of Courtaulds Group 1 Staff Association, recently judged as independent. It has no full-time staff, the company provide it with printing, clerical assistance, internal post and telephone facilities. It charges only 30p per month subscription—and I would remind the House that the average subscription for bona fide trade unions is E1 per month. But it saves—and this is quite remarkable—over two-thirds of its income. It does little except hold procedure agreements.
This association can now apply for a closed shop and fairly secure the dismissal of members of the Transport and General Workers Union, the General and Municipal Workers Union, the Amalgamated Union of Engineering Workers and the Association of Scientific, Technical and Managerial Staff. Yet it has been a creature of management. The 378 only vote open for such unions is the vote of industrial action.
Independence confers the following rights: first, to approach the Advisory, Conciliation and Arbitration Service on a recognition problem; second, to obtain a closed shop; third, to obtain formation for collective bargaining purposes and redundancies; fourth, time off for union officials for education purposes; fifth, safety representatives under the Health and Safety at Work Act; sixth, pension scheme trustees and statutory consultations—and various other rights.
In most of these the staff associations will exercise their rights and sit down with Trade Union Congress-affiliated trade unions, but—and here comes the nub—it is already apparent that they will refuse to do so. The Confederation of Engineering and Shipbuilding Trade Unions has made a declaration that in no circumstances will it sit down with this staff association in this kind of exercise. In the aerospace industry, there are 15 new staff associations seeking recognition. In view of the statement of the Confederation in the context of the Courtauld No. 1 Staff Association, it is imperative that early action be taken to remedy the omission existing within the Employment Protection Act as it stands at present.