1 6/12 PRIVATE & CONFIDENTIAL GMB 22 Stephenson Way ...

PRIVATE & CONFIDENTIAL
GMB
22 Stephenson Way, London NW1 2HD
6/12
CENTRAL EXECUTIVE COUNCIL MINUTES of a meeting held on TUESDAY 16
OCTOBER 2012, at 9.30AM in the COUNCIL CHAMBER of CAMDEN TOWN
HALL, JUDD STREET, LONDON WC1H 9JE
PRESENT:
President: Mary Turner MBE (London Region)
Vice-President: Malcolm Sage (Midland & East Coast Region)
Birmingham & West Midlands: Brian Adams (Commercial Services), Richard
Clarke (Public Services), Gordon Gibbs (Public Services), Gordon Richardson
(Manufacturing), Viv Smart (Public Services)
London: Roy Dunnett (Commercial Services), Brenda Fraser (Manufacturing),
George Fraser (Public Services), Lena Sharp (Commercial Services)
Midland & East Coast: John Hall (Public Services), Kath Slater (Commercial
Services), Paul Wheatley (Manufacturing)
Northern: George Emmerson (Manufacturing), Gerry Ferguson (Manufacturing),
James Jones (Public Services)
North West & Irish: Margaret Gregg (Commercial Services), David Hope (Public
Services), Eddie Marnell (Manufacturing), John McDonnell (Manufacturing), Andy
McGivern (Manufacturing)
GMB Scotland: John Dolan (Manufacturing), Ann McLaren (Manufacturing), June
Minnery (Public Services), Cathy Murphy (Commercial Services)
Southern: Dave Clements (Commercial Services), Bryan Hulley (Manufacturing),
Bill Modlock (Public Services)
GMB Wales & South West: Sheila Bearcroft MBE (Manufacturing), Ken Daniels
(Public Services), Gwyn Evans (Commercial Services), Brian Farr (Manufacturing),
Ann Leader (Manufacturing), Michael Lock (Public Services), Lorraine Parker (Public
Services)
Yorkshire & North Derbyshire: Sandra Berwick (Public Services), David Noble
(Public Services), Nicola Sharpe (Commercial Services), James Stribley
(Manufacturing)
Race Reserved Seats: Dana Bruno (Public Services), Audrey Harry MBE
(Manufacturing), Sharon Harding (Public Services), Warinder Juss (Commercial
Services)
General Secretary: Paul Kenny
IN ATTENDANCE:
Regional Secretaries: Joe Morgan (Birmingham & West Midlands), Paul Hayes
(London Region), Tom Brennan (Northern Region), Harry Donaldson (GMB
Scotland), Paul Maloney (Southern Region), Tim Roache (Yorkshire & North
Derbyshire Region)
National Secretaries: Phil Davies, Gary Smith, Brian Strutton
National Officers: Rehana Azam, Jude Brimble, Sharon Holder
National Organiser: Martin Smith
National Office Personnel: Justin Bowden, Ida Clemo, Rose Conroy, Naomi
Cooke, Maureen Hick, Kamaljeet Jandu, John McClean, Alex McMillan, Nick
1

Mendelsohn, Jerry Nelson, Dolores O’Donoghue, Eamon O’Hearn Large, Steve
Pryle, Steve Short, Kathleen Walker Shaw, Allan Wylie
1. ANNOUNCEMENTS
(a) Apologies
Apologies for absence were received from Liz Blackman (Midland & East Coast
Region), Mary Hutchinson and Peter Kane (Northern Region), Lisa Ryan and Ron
Waugh (North West & Irish Region), Kevin Buchanan (GMB Scotland), Jean Foster
and Bill Modlock (Southern Region), Martin Jackson (Yorkshire & North Derbyshire
Region) and Evelyn Martin MBE (Race Reserved Seat).
(b) Appointment of Manufacturing Section National Officer
The General Secretary reported that the CEC Interview panel had selected Dave
Hulse, North West & Irish Regional Official for this post. Dave had been offered the
post and had accepted. The CEC AGREED to endorse the appointment.
(c) Appointment of National Political Director
The General Secretary reported that the CEC Interview Panel had selected Cath
Speight, Unite National Officer for this post. Cath had been offered the post and had
accepted. The CEC AGREED to endorse the appointment.
The General Secretary reported that the National Political Department would make a
political strategy report to the next CEC meeting.
2. MINUTES OF THE MEETING OF THE CENTRAL EXECUTIVE COUNCIL
HELD ON SATURDAY 9 JUNE 2012
Item 15
John Dolan, GMB Scotland reported that the minute should refer to the Type 26
Frigate. The minute would be amended accordingly. John also advised the CEC that
BAE Systems had been awarded the contract to build the Type 26 Frigate in the UK,
however no decision had yet been made whether they would be built in England or
Scotland.
RESOLVED that, subject to the above amendment, the Minutes of the Meeting of
the Central Executive Council held on Tuesday 4 September 2012, be agreed.
3. MATTERS ARISING
Item 3
Eddie Marnell, North West & Irish Region reported he had met with Prof. Keith Ewing
during TUC Congress. Prof. Ewing had now changed his mind and had denied
saying the Cammell Laird case could be taken to the European Court of Human
Rights. Instead he was now suggesting Freedom of Information requests be lodged.
Eddie asked that the online e-petition (http://epetitions.direct.gov.uk/petitions/24458)
be publicised again. Eddie reported he had spoken to a journalist from the Liverpool
Echo who ran a story on the Shrewsbury 2 about running a story on Cammell Laird,
but to date no article had appeared.
2

In response the General Secretary stated an email would be sent to all 180,000
GMB members for whom an email address is held asking them to sign the e-petition.
He referred to the Shrewsbury 2 case where documents released under the 30 year
rule had provided evidence of a conspiracy and political intervention. Similar
evidence was needed in the Cammell Laird case but had so far eluded GMB, but
GMB would continue to pursue all options.
4. SECTION REPORTS
(i) Public Sector Pensions Update
Brian Strutton, National Secretary reported that the Public Sector Pensions Bill had
now been published. The Bill would undermine some of the agreements GMB
members have already been balloted on so may re-open the dispute. It also gives
the Treasury a reserved power to retrospectively change scheme accrued rights.
GMB will seek to amend the Bill.
A pay claim has been submitted by the Local Government NJC seeking substantial
increases, with progress towards a living wage. Local Government employers are
due to make their offer, which was expected to be an increase in pay in exchange for
changes to Terms and Conditions.
(ii) Contractors Forum Update
Justin Bowden, National Officer updated the CEC on the Carillion dispute. Last week
GMB had attended talks at ACAS in Bristol, at the invitation of Carillion, under the
collective disputes resolution process. In advance of the talks GMB had had
indications from the top of Carillion that they wished to resolve the situation at
Swindon and it had been made very clear to them what that would entail for our
members:
1.The settlement of all 57 GMB members' Employment Tribunal (ET) claims and our
members disputes generally;
2.To address the industrial relations and policy issues at Swindon Hospital that arise
out of these cases;
3.Recognition of GMB.
However in the day or two prior to Acas it had become increasingly apparent that
Carillion and their lawyers had a strategy of trying to use the Acas process to tie
GMB up in an endless round of talks about talks in which, under Acas protocol, we
would have been gagged and therefore emasculated from media activities. GMB had
turned up at Acas in good faith, with a full team of lawyers, local Reps and
everything to hand to settle the dispute. However it was clear that as well as not
being prepared legally in any way, Carillion were intent on continuing the cover-up
and not being part of a clean-up. Therefore GMB had walked away from the wasted
talks.
Since then Carillion's response had been further systematic, aggressive and targeted
intimidation of GMB members at Swindon with members being called in one-by-one
by supervisors and harangued about dropping their ET claims. Plans were in place
to address this victimisation which was further evidence of the bullying culture that
pervades Carillion.
Anticipating Carillion's motives, GMB's industrial, legal and political strategy had
continued unabated. GMB had written to every Councillor in Hammersmith &
Fulham, Kensington & Chelsea and Westminster Councils, over a tri-boroughs
contract Carillion were shortlisted for, making councillors aware of Carillion's history
3

and culture regarding both Swindon and the blacklisting. GMB had also written to all
Councillors in Birmingham and 36 surrounding Midlands councils and organisations
where Carillion were bidding on a £1.45billion homes modernisation contract.
Knowsley Council had passed a motion supporting GMB's position towards Carillion
and this approach was to be widened in the coming weeks by sending councils
examples of motions they could consider passing that called for Carillion not to be
awarded anymore public contracts until they apologised to, and compensated, the
224 victims of their blacklisting. Regions were asked to assist with this initiative.
Elsewhere on blacklisting, the Information Commissioners Office (ICO) had agreed
access for GMB to a list of the 3,200 people on the Consulting Association blacklist
to see if GMB members could be identified. Although a step in the right direction, this
was not enough by the ICO and GMB had called on them to contact those
blacklisted direct. GMB was aware that lawyers acting for the Blacklist Support
Group had obtained a full, un-redacted copy of the Consulting Association blacklist
and GMB's aim was to do the same. Harry Donaldson, GMB Scotland Regional
Secretary, and Justin had given evidence to the Scottish Affairs Select Committee
about blacklisting and the ICO were due to give evidence that day. In conclusion
GMB continues to pursue Carillion on all fronts at all times.
Paul Maloney, Southern Regional Secretary reported that a recruitment exercise had
been launched at Swindon Hospital on the back on this dispute.
John McDonnell, North West & Irish Region reported he had written to the Mayor of
Salford following comments by Hazel Blears MP is support of Carillion.
The General Secretary reported he had met with the CEO of Carillion and the Mayor
of Liverpool.
He also reported that Carillion had submitted evidence to the Scottish Select Affairs
Committee indicating that blacklisting was normal practice and had been done with
the backing of some Trade Unions. The General Secretary had discussed these
comments with the General Secretaries from Unite and Ucatt and the GMB position
is that those responsible for the blacklisting and discrimination need to be brought to
account wherever they come from.
(iii) Social Care Sector Update
Justin Bowden, National Officer reported that a pre-hearing review on Southern
Cross Employment Tribunal cases had taken place, and a three week hearing was
now listed for October 2013.
A meeting with Four Seasons and Terra Firma had been delayed because the newly
appointed Chairman of Four Seasons wanted to be present. A date had now been
arranged.
(a) Manufacturing Section
Phil Davies, National Secretary reported that of the nine Remploy factories to be sold
off four had been given notice to close after bids had failed, two will be sold and two
factories were in negotiations to be sold. He had met the new owners of the two
factories that are being sold and the new owners confirmed that they would seek
redundancies and to change the Terms and Conditions of remaining workers. The
factory due for sale in Barrow was under investigation after a bid was accepted from
4

a company owned by the factory Manager and the Team Leader.
GMB had lobbied all three Party Conferences as part of the campaign to save the
remaining eighteen factories, and Unions must persuade a future Labour
Government there is a need for supported employment.
The campaign was continuing with a strike in five factories in Scotland and a lobby of
the Scottish Parliament on 22 October.
James Stribley, Yorkshire & North Derbyshire Region reported that redundancies
had been announced in Chesterfield, but the strike action remained solid.
Tim Roache, Yorkshire & North Derbyshire Regional Secretary reported that Ed
Miliband had stated at the Labour Party Conference that the next Labour
Government would talk to GMB about Remploy.
5. LEGAL SERVICES
The General Secretary advised the CEC on the impact of the Jackson Report into
Legal Services in England and Wales which comes into effect in April 2013. One
major impact of the Jackson Report is that solicitors can no longer give cash, kind or
benefit in exchange for referrals of cases. This will have a major impact on the GMB
legal service to members as well as a loss of income from referral fees. GMB must
maintain its legal service to members and needs to find a solution and is looking into
an Alternative Business Model. The SMT were looking into set-up costs for an
Alternative Business Model. Currently Regional legal services differ with no
benchmark on fees. A single national legal strategy was required with a standard
that applies across the whole Union with the best Regional arrangement operating
nationally.
Warinder Juss, Race Reserved Seat commented that GMB had many members
employed by law firms and another impact of the Jackson Report may be possible
job losses affecting GMB members.
The General Secretary recommended to the CEC that GMB starts the process of
evaluating the setting up of an Alternative Business Model immediately. AGREED.
The General Secretary also reported that initial budget estimates for 2013 showed a
£1million shortfall. Budgets would be revisited and costs reduce but as a
precautionary measure a freeze on employing new staff would become effective on 1
January 2013. This freeze would be reviewed each quarter.
6. TUC
(a) General Council Report – 20 June 2012
The Vice-President reported that interviews for the TUC Deputy General Secretary
would take place at the December 2012 General Council meeting.
The CEC AGREED to accept the written report of the TUC General Council meeting
held on 6 September 2012.
5

(b) TUC “A Future that Works” Mass Demonstration – 20 October 2012
Jerry Nelson, National Officer reported that all GMB arrangements were going to
plan and everything was in place for the march. GMB senior stewards would meet
TUC for a briefing at 11am, before the march sets off at 12Noon. 900 GMB flags
would be available on the day, which should be handed back at Hyde Park.
(c) TUC Women’s Conference 2013
(i) Nominations for TUC Women’s Committee 2013/14
The CEC AGREED to re-nominate Sharon Harding, Race Reserved Seat CEC
member from Birmingham & West Midlands Region for the Section A (General Seat)
on the TUC Women’s Committee 2013/14.
The CEC further AGREED to re-nominate Evelyn Martin, Race Reserved Seat CEC
member from London Region for the Section B (Black Women’s Reserved Seat) on
the TUC Women’s Committee 2013/14.
The CEC also AGREED to re-nominate Lorraine Parker, GMB Wales & South West
Region CEC member for the Section C (Disabled Women’s Reserved Seat) on the
TUC Women’s Committee 2013/14
(ii) Appointment of two CEC Delegates
The CEC AGREED that the President along with Margaret Gregg, North West & Irish
Region would be the two CEC delegates to attend TUC Women’s Conference 2013
at TUC Congress House. Dana Bruno, Race Reserved Seat would be the reserve
CEC delegate.
7. LABOUR PARTY
NEC Report
The President reported on the Labour Party Conference. She commented that she
had complained to the NEC about the abuse of Conference time by inviting a
Harvard University Professor to address Conference. She was disappointed no
mention was made of Ken Livingstone’s involvement in bringing the Olympic Games
to London.
She reported that the Party were considering making the Sunday of Conference a
full day of Conference business, however this would impact on Trade Union
Delegation Meetings.
She further reported that the dates for by-elections in Croydon North and in
Middlesbrough would be announced at the end of the week.
Paul Hayes, London Regional Secretary reported that the Region were sending 60
activists to Corby on each of the next two Saturdays to assist with canvassing in the
by-election.
8. ORGANISERS
(a) Southern Region
RESOLVED that the Region be given authority to hold an election in respect of
Michelle Gordon and Rob Macey.
6

(b) GMB Wales & South West Region
RESOLVED that the Region be given authority to appoint a replacement
Organisation Officer.
(c)
(i)
(ii)
(d)
(i)
(ii)
Yorkshire & North Derbyshire Region
RESOLVED that the appointment of Desiree Risebury as a Senior Organiser,
be agreed.
RESOLVED that the Region be given authority to appoint a replacement
Organisation Officer.
Midland & East Coast Region
RESOLVED that the Region be given authority to appoint a replacement
Organisation Officer.
RESOLVED that the Region be given authority to hold an election in respect of
Pat Hardy and Rachelle Wilkins.
9. CSCS DIRECTORSHIP
The General Secretary reported that Phil Davies, Manufacturing Section National
Secretary is retiring at the end of the year. Phil is a Director of the Construction Skills
Certificate Scheme. To comply with company law the CEC is required to formally
endorse a replacement for Phil on the CSCS. The CEC AGREED to endorse Phil
Whitehurst, Manufacturing Section National Officer as a Director of the Construction
Skills Certificate Scheme.
10. CEC XMAS FUNCTION
The General Secretary reported that a CEC Xmas Function was being arranged on 3
December 2012 and a letter had been sent out to CEC members. He asked if
anyone was unable to attend to contact Steve Short, Executive Officer.
11. CENTRAL ARBITRATION COMMITTEE APPLICATIONS AND
VOLUNTARY RECOGNITION AGREEMENTS
The General Secretary reported on the high number of recognition agreements in the
most recent report, and congratulated Regions on the work being done to sign
recognition agreements.
MARY TURNER
PRESIDENT
PAUL KENNY
GENERAL SECRETARY
7