Union says contractor was dumped over safety

A union has warned that targeting unions reps for raising safety concerns could lead to tragedy on a London site. The comments from Unite came as union members protested outside a west London Crossrail site at the dismissal of 28 workers, allegedly for raising health and safety concerns.

The workers employed by contractor EIS lost their jobs last week when the firm’s Crossrail contract was terminated. They claim EIS was taken off the job by the Bam Ferrovial Kier (BFK) consortium – which won the bid to build the Crossrail tunnels – after its workers raised safety concerns.

Unite London regional construction officer Harry Cowap told the Morning Star that the attack on health and safety and unionised workers could lead to a “major catastrophe” on the site. “Management refused to speak to me today because they felt ‘under duress’,” he said. “How must the men and women feel who lost their jobs?”

The union believes Unite safety rep Rodney Valentine was removed from the site immediately after he was elected and was subsequently moved, suspended and dismissed. It adds that shop steward Frank Morris was banned from the site after raising concerns over dangerous cables in the tunnels. Unite’s Harry Cowap commented: “They have terminated the EIS contract purely to remove the shop steward and safety rep.”

Crossrail challenged the union’s claims saying the contract with EIS had run its course. A spokesperson said: “Crossrail regards the safety of all those working on the Crossrail project as paramount and is committed to delivering Crossrail to the highest standards of safety at all times.”

The grassroots Site Worker group, though, sees it differently. Its organising flyer (reproduced in full below) claims: “Crossrail is going to be one of the largest infrastructure jobs in the whole of Western Europe – if it is unionised, the workforce will earn good wages and the job will be safe.  This is a deliberate attempt by BFK to intimidate workers and keep the union off the project, so they can keep wages down and force through rushed production targets.”

It concludes: “This is a dispute about safety and money.  Even the EIS electrical engineer was sacked after he took a photograph of unsafe high voltage electrical cables. BFK are making money by playing with our lives.”

Site Worker flyer

SACKED FOR JOINING A UNION

28 workers including a UNITE steward and safety rep have been dismissed from the Crossrail project because of they are members of a trade union. The unionised workers employed by E.I.S. Electrical were searched and removed from site last Friday at the instruction of Bam Ferrovial Kier (BFK), the consortium of contractors building Crossrail.

Crossrail is going to be one of the largest infrastructure jobs in the whole of Western Europe – if it is unionised, the workforce will earn good wages and the job will be safe.  This is a deliberate attempt by BFK to intimidate workers and keep the union off the project, so they can keep wages down and force through rushed production targets.

Whatever nonsense BFK come up with to justify the dismissals, everyone knows there are 3-4 years work left on the project for these sparks alone. But as soon as the union appeared on the job, the steward was banned from the tunnel and forced to sit in the site offices at Westbourne Park for weeks on end. The Safety Rep was suspended and left to sit at home for the past 13 weeks. Eventually BFK threw EIS off the job just to get rid of the union.

The Managing Director of E.I.S. has given the union a witness statement and states that the only reason the workers and the reps have been removed from the job is because of the union presence.

This is a dispute about safety and money.  Even the EIS electrical engineer was sacked after he took a photograph of unsafe high voltage electrical cables. BFK are making money by playing with our lives.

BFK want to save money on Crossrail

We want to save lives on Crossrail

BAM and Kier (part of the BFK consortium) are proven blacklisters of trade union members. They were part of the Consulting Association blacklisting conspiracy exposed in 2009. There is documentary evidence that their senior managers and Directors have illegally victimised union members. We know exactly what they’ve been up to – We’re not going to stand for it on Crossrail. The sparks won their fight against BESNA pay cuts – The rank & file will win the fight for Crossrail.

  • SUPPORT THE VICTIMISED CROSSRAIL SPARKS
  • END THE BLACKLIST
  • UNIONISE CROSSRAIL – ELECT YOUR OWN REPS
  • FOR BETTER MONEY & BETTER SAFETY

Site Worker

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Grim reaper visits Carillion death hearing

Photo: Simon Chapman

Workers employed by Carillion who were blacklisted after raising safety concerns have protested outside a court in Swansea where the firm is being prosecuted after a site death.

The plea and case management hearing at Swansea Crown Court on 6 September 2012 was in relation to the death of scaffolder Russell Samuel. The father of two, aged 40, suffered massive head injuries on 22 January 2008 after falling 62ft from a skyscraper complex which includes the tallest residential building in Wales.

Febrey Limited, Michael Febrey and Carillion Construction Limited are all charged with criminal breaches of safety law in a case brought by the Health and Safety Executive (HSE). The union GMB called the demonstration outside the court.

One of the demonstrators was dressed as a ‘grim reaper’, complete with scythe. Protesters carried placards bearing the words ‘Carillion blacklisted health and safety representatives says GMB’ and ‘Carillion corporate bullying risks death and injuries on sites.’

GMB national officer Justin Bowden said: “This demonstration is to highlight the terrible toll of death and injury in the construction sector and to underline the importance of the proper enforcement of health and safety laws to prevent this carnage. Employers which kill and maim workers are as guilty of a crime as someone who kills or maims while drink-driving.”

He added that Carillion was part of a “blacklisting conspiracy which deprived workers in the sector of jobs even when they raised concerns about the enforcement of basic health and safety and hygiene standards.”

Justin Bowden and GMB Scotland secretary Harry Donaldson gave evidence to the House of Commons’ Scottish Affairs Committee enquiry on blacklisting on 4 September 2012. The union says only 194 of the 3,213 workers on a construction-industry run blacklist exposed by the Information Commissioner’s Office (ICO) in 2009 know they were targeted three years on.

The situation is an “indictment” of the ICO, the union said, describing the privacy watchdog’s excuses for not contacting blacklisted workers as “so weak as to be a joke.”

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Balfour Beatty executive accused of perjury

A blacklisted construction worker has accused a top executive of construction giant Balfour Beatty of perjury – and says evidence in his blacklisting file proves it.

Colin Trousdale, a blacklisted electrician and Unite member from Manchester, told a 27 August protest outside Balfour Beatty’s Glasgow HQ that in 2008 he had taken an Employment Tribunal against the firm. He alleged the company’s human resources director, Gerry Harvey (right), had sent a letter to the court asserting “there is no blacklist, we are not blacklisting you, you are paranoid.”

In 2009, after the blacklisting group The Consulting Association was exposed by the Information Commissioner’s Office, the electrician obtained his blacklist file. The Employment Tribunal incident was covering in the file, together with the information supplied by the firm.

Colin Trousdale commented: “Perjury is a crime. Being a union rep is not. We need to see these people in court. We need to see these people in prison.” The website of Balfour Beatty Engineering Services identifies Gerry Harvey as a member of the company’s nine strong ‘executive leadership team.’ The Blacklist Support Group is preparing a submission to the Crown Prosecution Service regarding the alleged perjury.

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Bar blacklisters from official contracts – MP

Labour MP Jim Sheridan has called for construction firms guilty of blacklisting trade unionists to be barred from publicly funded projects. The MP was speaking at a 27 August Blacklist Support Group protest outside the Glasgow HQ of construction giant Balfour Beatty.

The Paisley and Renfrewshire North MP (left) said he would lobby government on the issue. “Any contracts from British taxpayers’ money – don’t give them to criminals like Balfour Beatty who are blacklisting people,” he said.

Mr Sheridan told the demonstration that years ago he had been blacklisted by the Economic League, a predecessor to the covert blacklisting agency The Consulting Association shutdown by the Information Commissioner’s Office, because of his own trade union activities.

“I want to send a message to Balfour Beatty and the big construction firms: it really doesn’t have to be this way,” he said.  “It is a long time since the days when trade unions and trade unionists were seen as the enemy within. You don’t have to get into blacklisting.  How much profit do they want to make before they stop attacking and victimising people at the workplace?” Mr Sheridan warned: “If you’re gonna keep blacklisting people – then we’re coming after you.”

The protest had been called to expose the role played by Balfour Beatty in The Consulting Association blacklisting scandal. The firm’s human resources director Gerry Harvey came in for particular criticism after it was revealed in parliament recently that he had attended meetings of The Consulting Association.

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Firm linked to blacklist given a seat on the HSE board

A blacklisted construction worker has expressed concern at the appointment to the Health and Safety Executive’s board of a top director with construction giant Laing O’Rourke, one of the companies named in a major UK safety blacklisting scandal.

Howard Shiplee (right), who joined Laing O’Rourke as an executive director in October 2011, took his place on the HSE board on 13 August 2012.

The Information Commissioner’s Office, which provided former site worker Dave Smith with a copy of a blacklisting file held on him by The Consulting Association, said Laing O’Rourke was one of the major firms identified by code numbers in his file.

Smith said he “nearly choked” when he heard Laing had a director on HSE’s board. “Laing O’Rourke has one of the worst reputations in the entire construction industry,” he said.

“They are proven blacklisters of union safety reps. If the HSE Board don’t believe me, I will be happy to send them a copy of my blacklist file, where the company they have just invited into their fold are specifically identified as supplying information.” Also on Shiplee’s CV is a stint at Amec, another prominent user and supporter of covert blacklisting outfit The Consulting Association.

Smith said the appointment of a top Laing director to HSE’s board compounded his dismay at HSE’s failure to “to take any action or even investigate the systematic victimisation and blacklisting of safety reps since the scandal was uncovered in 2009. Now the guilty men are making the policy decisions. It reminds me of the film China Town and makes me feel physically sick to my stomach.”

The Department of Work and Pensions said Shiplee “has been appointed as one of the Board’s employer interest representatives.”

The new board member, whose last job prior to joining Laing O’Rourke was as the £258,750 a year construction director for the Olympic Delivery Authority, said: “It is a privilege and responsibility to be appointed to the board of the Health and Safety Executive and I am looking forward to playing an active role in support of their important work.”

Shiplee added: “I firmly believe that high standards of health and safety are not only statutory requirements and morally right, but are also good for business – a healthy, safe and engaged workforce is more productive and committed to the objectives of its employers as conclusively demonstrated by the London 2012 construction programme.”

TUC’s Sarah Veale has also been appointed to HSE’s board as an employee interest representative. She takes up her post on 1 October.

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BSG news release: Protest against Balfour Beatty, 10am Friday 24 August 2012

Protest against Balfour Beatty, 10am Friday 24 August 2012

Balfour Beatty Engineering Services HQ, Lumina Building, 40 Ainslie Road, Hillington Park, Glasgow, G52 4RU

Protest called jointly by: Blacklist Support Group and UNITE Scottish Sparks rank and file

Balfour Beatty is one of the worst of all the blacklisting firms with 6 Enforcement Orders against the company by the Information Commissioners Office because of their role in the Consulting Association scandal.

Gerry Harvey – Director of Human Resources for Balfour Beatty Engineering Services Limited – is a proven blacklister having been identified in parliament and in court.

Balfour Beatty continue to victimise workers who raise concerens about safety issues including Jonathan Carr from Birmingham and Alan Dransfield from the South West.

Balfour Beatty were also the lead firm attempting to drive down wages and de-skill the electrical contracting industry during the recent BESNA dispute. Electricians in Scotland involved in the dispute have been targeted by Balfour Beatty for redundancy (when no other workers were made redundant on the entire site).

See the related YouTube videos: Video 1 and Video 2.

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Blacklisted workers launch £600m High Court action

Blacklist Support Group news release

A group of blacklisted workers in the UK has launched a High Court claim against construction giant Sir Robert McAlpine which could potentially be worth £600million. Guney Clark & Ryan solicitors served a claim on behalf of 86 claimants for ‘Tort of unlawful conspiracy’ at the High Court last week.

The claimants are part of the Blacklist Support Group (BSG), a network campaigning on behalf of construction workers illegally blacklisted because of their trade union activities by major building contractors as part of The Consulting Association scandal first exposed in 2009.

The claim targets Sir Robert McAlpine as the company with the worst record of blacklisting. The last invoice issued to the firm by The Consulting Association was in excess of £28,000 for the use of the blacklisting service. However, the conspiracy charge means Sir Robert McAlpine would also be responsible for the actions of the 40 plus contractors such as Carillion, Balfour Beatty, Skanska who systematically blacklisted workers simply for being members of a trade union.

Many of the claimants were dismissed repeatedly from major construction projects and in some cases suffered years of unemployment because of their union activities or for raising concerns about safety on building sites. It is believed that the larger claims are in the region of £300,000 for loss of earnings and hurt to feelings. The minimum award under the new blacklisting regulation introduced in 2010 is £5,000 (but the regulations do not retrospectively cover The Consulting Association victims). The average claim has been estimated at £20,000, which values the current cases in excess of £17million. As this is the first wave of claimants, out of a possible 3,200 blacklisted workers, the total payouts the building firms could face exceeds £600million.

The blacklisted workers are being represented in the High Court by Sir Hugh Tomlinson QC, barrister to the stars in the News of the World phone hacking cases.

Mick Abbott, a 74-year-old ex-scaffolder, commented: “This nearly ruined my marriage and it meant that my children were on free meals at school. My file goes back to 1964 and the last entry says that I rekindled the campaign for justice for the Shrewsbury picketers in 2006. They have been watching me all these years and passing this information around, blighting my life over four decades.”

Steve Kelly (above), an electrician and spokesperson for the Blacklist Support Group said: “I was blacklisted because I was a union member and because I raised issues about safety. In 2007, [Sir Robert] McAlpine sacked me from the Colchester Barracks project after 2 days for refusing to work on a moving platform without proper training (exactly as we had been instructed in the site induction) – the dismissal is recorded on my blacklist file.

“Over the year I suffered severe financial strain, my wages were cut in half which caused immense stress paying bills and putting food on table. I was out of work for a year apart from few weeks here and there in 2001. Being sacked from Colchester Barracks after only two days piled up the stress and caused a nervous breakdown for me eventually.

“The blacklisting firms should be made to pay compensation for years lost and years in future. They should be made to employ blacklisted workers or not be awarded any public government backed contracts. An apology in national press and to individuals whose lives they ruined would be a start.”

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European action demanded on blacklisting

Labour MEP Glenis Willmott is demanding a clearer commitment from Euro bosses on the issue of blacklisting of workers.

The East Midlands MEP has given a cautious welcome to a confirmation from the European Commission that, as part of its upcoming review of health and safety legislation, it will ensure that EU law is being followed and that workers’ health and safety reps are not being put at a disadvantage by employers.

However, Willmott, who is Labour’s leader in Europe, has called for a positive statement that the Commission will specifically address the issue of blacklisting. “The practice of ‘blacklisting’ – where workers may be refused employment by employers across the whole sector – still exists,” she said. “The EU Commissioner for Employment, László Andor, admitted in an earlier answer to me that the Commission is aware that some employers continue to blacklist workers.”

By 2015, the European Commission must carry out a review of the implementation of EU health and safety legislation across member states. In a parliamentary question, Willmott asked the Commission to confirm whether this review would look at blacklisting of workers’ health and safety reps, a practice which is illegal under EU law.

“Commissioner Andor confirms that the review will address the issue of protection for trade unionists and workforce representatives who deal with health and safety on behalf of their colleagues,” she said. “He also confirms that if the review does find that blacklisting remains a problem, then the Commission will ensure that national governments apply ‘dissuasive, effective and proportionate penalties’ to infringers.

“However, the Commissioner still leaves himself room to backtrack on whether the review will look specifically at the extent of blacklisting in EU countries. Given the abuses we have seen recently, I want an absolute commitment from the Commission that they will do all in their power to outlaw entirely the blacklisting of workers whose only crime has been to defend the safety of their colleagues in the workplace.”

The Labour MEP originally took up the issue of blacklisting on behalf of a constituent and member of the building trades union UCATT and has made some headway. The first hopeful signs emerged when Willmott and Labour MEP colleague Stephen Hughes joined a delegation from the grassroots Blacklist Support Group in a “very positive” 30 June 2011 meeting with EU employment commissioner László Andor.

At the end of 2011, the European Parliament demanded an end to the blacklisting of employees through tougher sanctions on offending employers.

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Blacklisters face professional abuses charges

On 1 July 2012 the Chartered Institute of Personnel and Development – the professional body for Human Resources in the UK –  published a new Code of Conduct for its members. The first complaint made under the new Code is by the Blacklist Support Group, and lays several misconduct charges against five prominent, high-level construction industry managers. This is the full text of the complaint:

The Blacklist Support Group would like to make a formal complaint for serious professional misconduct and serious breaches of the new CIPD Professional Code of Conduct against the following individuals who we believe are current CIPD members:

  • Gerry Harvey - Director of Human Resources at Balfour Beatty Engineering Services Limited
  • Elaine Gallagher - Human Resources manager at Balfour Beatty Engineering Services Limited
  • Liz Keates – Head of Human Resources at Carillion Health
  • John Edwards – manager at Carillion
  • David Cochrane – former Head of Human Resources at Sir Robert McAlpine

The individuals named above have actively participated in the illegal Consulting Association conspiracy that blacklisted trade union members in the construction industry. They either attended meetings or covertly supplied personal data on trade union members to the secret blacklist which was used to systematically deny work to 3200 individuals.

The Consulting Association blacklist resulted in new legislation being introduced (Blacklist Regs 2010), a number of Employment Tribunals in which the HR profession has been seriously criticised and David Cameron even answered questions at PMQs.

The scandal has been described as “the worst case of organised human rights abuse in the UK in the past 50 years” by Professor Keith Ewing of Kings College London and cases have been submitted to the European Court of Human Rights.

Blacklists do not compile themselves: numerous Human Resources  professionals in the construction industry are implicated in the scandal and should be held to account for their serious professional misconduct. People Management has covered the scandal, in one article Skanska admitted that up to 30 of their managers were involved in blacklisting. Yet to date, no disciplinary action has been taken against any of the individuals.

The individuals we accuse above have all been named in Hansard after being exposed for their personal involvement in blacklisting during in evidence given to the Scottish Affairs Select Committee in June 2012.

Gerry Harvey has admitted in an Employment Tribunal that he attended Consulting Association meetings on behalf of Balfour Beatty and is heavily criticised by the judge in the written judgement.

Elaine Gallagher admitted in the same tribunal to being the “main contact” with the Consulting Association at Balfour Beatty Engineering Services Ltd.

Liz Keates of Carillion Health has been identified in Employment Tribunals as supplying information about trade union members to the illegal blacklist.

John Edwards attended Consulting Association meetings in 2008 on behalf of Carillion (proved by invoices disclosed in Employment Tribunals)

David Cochrane has stated in correspondence for a ET claim that he dealt with the Consulting Association for over a decade.

All documentation will be forwarded upon request if a formal investigation proceeds.

As a minimum, we believe that the individuals named are in breach of the following sections of the CIPD Code of Conduct:

2.2 exhibit and defend professional and personal integrity and honesty at all times

2.4 advance employment and business practices that promote equality of opportunity, diversity and inclusion and support human rights and dignity

2.5 safeguard all confidential, commercially sensitive and personal data acquired as a result of business relationships and not use it for personal advantage or the benefit of detriment of third parties.

3.1 always act in a way which supports and upholds the reputation of the profession

3.3 comply with prevailing laws and not encourage, assist or collude with others who may be engaged in unlawful conduct

There is a mountain of documentary evidence that senior HR managers in the construction industry have been involved in systematic human rights abuse over a period of decades. Their misconduct has been a stain on the reputation of the profession. It is time that the CIPD carries out a full disciplinary investigation into the role played by its members.

Complaint made by:

Steve Acheson
Brian Higgins
Steve Kelly
Dave Smith

on behalf of: Blacklist Support Group

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