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<strong>PRIVATE</strong> & <strong>CONFIDENTIAL</strong><br />

<strong>GMB</strong><br />

<strong>22</strong> <strong>Stephenson</strong> <strong>Way</strong>, London NW1 2HD<br />

2/<strong>13</strong><br />

CENTRAL EXECUTIVE COUNCIL MINUTES of a meeting held on TUESDAY 12<br />

MARCH 20<strong>13</strong> at 9.30AM in the COUNCIL CHAMBER of CAMDEN TOWN HALL,<br />

JUDD STREET, LONDON WC1H 9JE<br />

PRESENT:<br />

President: Mary Turner MBE (London Region)<br />

Vice-President: Malcolm Sage (Midland & East Coast Region)<br />

Birmingham & West Midlands: Brian Adams (Commercial Services), Richard<br />

Clarke (Public Services), Gordon Gibbs (Public Services), Gordon Richardson<br />

(Manufacturing), Viv Smart (Public Services)<br />

London: Brenda Fraser (Manufacturing), George Fraser (Public Services), Lena<br />

Sharp (Commercial Services)<br />

Midland & East Coast: Liz Blackman (Public Services), John Hall (Public Services),<br />

Kath Slater (Commercial Services), Paul Wheatley (Manufacturing)<br />

Northern: George Emmerson (Manufacturing), Gerry Ferguson (Manufacturing),<br />

Mary Hutchinson (Manufacturing), Peter Kane (Commercial Services)<br />

North West & Irish: Margaret Gregg (Commercial Services), David Hope (Public<br />

Services), Eddie Marnell (Manufacturing), John McDonnell (Manufacturing), Andy<br />

McGivern (Manufacturing), Ron Waugh (Manufacturing)<br />

<strong>GMB</strong> Scotland: Kevin Buchanan (Commercial Services), John Dolan<br />

(Manufacturing), June Minnery (Public Services), Cathy Murphy (Commercial<br />

Services)<br />

Southern: Jean Foster (Commercial Services), Bryan Hulley (Manufacturing), Bill<br />

Modlock (Public Services)<br />

<strong>GMB</strong> Wales & South West: Sheila Bearcroft (Manufacturing), Ken Daniels (Public<br />

Services), Gwyn Evans (Commercial Services), Brian Farr (Manufacturing), Ann<br />

Leader (Manufacturing), Michael Lock (Public Services), Lorraine Parker (Public<br />

Services)<br />

Yorkshire & North Derbyshire: Martin Jackson (Public Services), David Noble<br />

(Public Services), Nicola Sharpe (Commercial Services), James Stribley<br />

(Manufacturing)<br />

Race Reserved Seats: Dana Bruno (Public Services), Audrey Harry MBE<br />

(Manufacturing), Sharon Harding (Public Services), Warinder Juss (Commercial<br />

Services), Evelyn Martin MBE (Public Services)<br />

General Secretary: Paul Kenny<br />

IN ATTENDANCE:<br />

Regional Secretaries: Paul Hayes (London Region), Andy Worth (Midland & East<br />

Coast Region), Tom Brennan (Northern Region), Paul McCarthy (North West &<br />

Irish), Harry Donaldson (<strong>GMB</strong> Scotland), Paul Maloney (Southern Region), John<br />

Phillips (<strong>GMB</strong> Wales & South West Region), Tim Roache (Yorkshire & North<br />

Derbyshire Region)<br />

National Secretaries: Jerry Nelson, Brian Strutton<br />

National Officers: Rehana Azam, Allan Black, Justin Bowden, Mick Rix<br />

National Organiser: Martin Smith<br />

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National Office Personnel: Ida Clemo, Rose Conroy, Kamaljeet Jandu, Paula<br />

Keane, John McClean, Phil McEvoy, Alex McMillan, Eamon O’Hearn-Large, Steve<br />

Pryle, Steve Short, Cath Speight, Allan Wylie<br />

1. ANNOUNCEMENTS<br />

(a) Apologies<br />

Apologies for absence were received from Roy Dunnett (London Region), James<br />

Jones (Northern Region), Ann McLaren (<strong>GMB</strong> Scotland), Dave Clements (Southern<br />

Region), Michael Lock (<strong>GMB</strong> Wales & South West Region), Sandra Berwick<br />

(Yorkshire & North Derbyshire Region)<br />

(b) Sheila Bearcroft, <strong>GMB</strong> Wales & South West Region<br />

The President read out a message from Sheila Bearcroft thanking CEC members for<br />

all the messages of sympathy and cards sent to her following the sad death of her<br />

husband.<br />

(c) Appointment of Northern Regional Secretary<br />

The General Secretary reported that following interviews for the Northern Regional<br />

Secretary the Regional Committee could not decide between two candidates. Both<br />

would be re-interviewed, but if the deadlock remained the process will be referred to<br />

the CEC. He also reported that a grievance had been received in relation to the<br />

interview process, therefore no appointment will be endorsed until the internal<br />

grievance procedure has been completed. NOTED<br />

2. MINUTES OF THE MEETING OF THE CENTRAL EXECUTIVE COUNCIL<br />

HELD ON TUESDAY 12 FEBRUARY 20<strong>13</strong><br />

Item 11<br />

Noted that the minute should read 7th of the 37 arrested Cammell Laird workers, not<br />

11th. AGREED to amend the minute accordingly.<br />

RESOLVED that, subject to the above amendment, the Minutes of the Meeting of<br />

the Central Executive Council held on Tuesday 12 February 20<strong>13</strong>, be agreed.<br />

3. MATTERS ARISING<br />

Item 3<br />

Eddie Marnell, North West & Irish Region stated he had never claimed that Cammell<br />

Laird Freedom of Information requests had been rejected and what the National<br />

Officer for Legal and Corporate Affairs had said was she would speak to an<br />

acquaintance of hers to ascertain if it was normal for all FOI requests to come back<br />

negative. What the National Officer for Legal and Corporate Affairs has said about<br />

Professor Keith Ewing finding a way to progress this matter was incorrect.<br />

The General Secretary responded that the implication <strong>GMB</strong> had done nothing is<br />

totally incorrect. The National Officer for Legal and Corporate Affairs had told the<br />

truth. It was in fact Professor Keith Ewing who had changed his position from saying<br />

he would take the case to the European Court of Human Rights to instead saying<br />

making FOI requests was the best route and this had caused the CEC to be at cross<br />

purposes. All Government Departments were sent FOI requests and all had<br />

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esponded that they held no records or documents. He suggested Eddie Marnell<br />

contact the National Officer direct to discuss. <strong>GMB</strong> had not given up fighting this<br />

case, the problem was finding the evidence or information in order to formulate a<br />

case. <strong>GMB</strong> had had several meetings over the years on this matter including with<br />

two Prime Ministers, a Minister of Justice and a QC. <strong>GMB</strong> will keep pursuing this<br />

issue.<br />

Paul McCarthy, North West & Irish Regional Secretary reported that a meeting had<br />

been arranged in April 20<strong>13</strong> with MEPs who were willing to support this case through<br />

the European Parliament.<br />

4. <strong>GMB</strong> CONGRESS 20<strong>13</strong><br />

(a) Congress 20<strong>13</strong> Preliminary Agenda and Draft CEC Position on Congress<br />

Motions and Rule Amendments<br />

The CEC AGREED its stance on Motions and Rule Amendments to Congress 20<strong>13</strong>,<br />

save those deferred to the April 20<strong>13</strong> CEC meeting.<br />

(b) Appointment of CEC Observers to the Standing Orders Committee<br />

It was AGREED that Andy McGivern, Manufacturing Section; Lena Sharp,<br />

Commercial Services Section and Liz Blackman, Public Services Section would act<br />

as CEC observers to the Standing Orders Committee at Congress 20<strong>13</strong>.<br />

(c) List of Exhibitors<br />

The CEC AGREED the list of exhibitors and sponsors to Congress 20<strong>13</strong>. The CEC<br />

recorded their thanks to Robert Badlan, Congress Sponsorship & Exhibitions Officer<br />

for his work in raising sponsorship to help offset Congress costs.<br />

5. SECTION REPORTS<br />

(a) Commercial Services<br />

Minutes of Commercial Services Section National Committee – 10 June 2012<br />

Minutes<br />

RESOLVED that the Minutes of the Meeting of the Commercial Services Section<br />

National Committee held on 10 June 2012, be received.<br />

Matters dealt with<br />

Update on Motions to the 2012 Commercial Services Section Conference<br />

Final Arrangements for the 2012 Commercial Services Section Conference<br />

(b) Public Services<br />

(i) Public Sector Update<br />

Brian Strutton, National Secretary reported on the NHS staff side vote on Agenda for<br />

Change. <strong>GMB</strong> had opposed the changes to terms and conditions, but were in the<br />

minority as both Unison and the RCN had voted for the changes which are effective<br />

from April 20<strong>13</strong>. <strong>GMB</strong> would be campaigning against these changes locally.<br />

Brian also reported that Local Government Employers had made two pay offers, both<br />

variations on a theme of a 1% increase. <strong>GMB</strong> will consult our members on these<br />

offers when they are finalised. Unison had already rejected the offers without<br />

consultation and were planning for an Industrial Action Ballot. A joint Trade Union<br />

3


side meeting was scheduled for Friday 15 March at which <strong>GMB</strong> would seek to carry<br />

on negotiations with Local Government Employers and then put the final offer or<br />

offers to all three Trade Union’s members on the same basis. The Trade Unions had<br />

already achieved a number of concessions including stopping a cut in sick pay and<br />

should not risk losing these by taking Industrial Action unless we were sure that<br />

action would be successful.<br />

(ii) Living Wage Campaign<br />

Brian Strutton reported that since the campaign was launched in January 20<strong>13</strong> fortyeight<br />

Councils in England and Wales were paying or had agreed to pay a Living<br />

Wage. All Councils in Scotland had agreed to pay a Living Wage. This campaign<br />

must be used as an organising platform. A full written report would be bought to the<br />

April CEC Meeting.<br />

The CEC were notified that Leicester City Council had agreed to pay the Living<br />

Wage, and an agreement was close in Nottingham Council, Leeds Council and<br />

Sheffield Council had adopted living wage levels and contractors were now being<br />

targeted, and Barking and Dagenham Council were implementing a £9.00 per hour<br />

living wage.<br />

(iii) Contractors Update<br />

Justin Bowden, National Officer reported that Enterprise was being sold by for a loss,<br />

by private equity company 3i, to Spanish giant Ferrovial who would merge it into<br />

Amey. <strong>GMB</strong> had a joint recognition agreement along with Unite and Ucatt. A<br />

<strong>GMB</strong>/Unite National Reps meeting was to be held later in March.<br />

Justin also reported that the Carillion pre-hearing review outcome was expected<br />

soon. One <strong>GMB</strong> shop steward had recently been dismissed and another offered<br />

redundancy under threat of disciplinary action.<br />

The blacklisting campaign continued to throw up surprises as <strong>GMB</strong> had uncovered at<br />

least 200 environmental and green activists were amongst the 3,2<strong>13</strong> people on the<br />

blacklist. The 200+ names included senior people from organisations such as<br />

Friends of the Earth, Sustrans and Greenpeace. The legal, media and public<br />

services sections were working carefully to develop this front and see whether the<br />

apparent links to a secret police unit and the security services could be established<br />

in relation to the blacklisting of these individuals. <strong>GMB</strong>'s lawyers were exploring the<br />

possibility of including the blacklisted green activistss in the impending High Court<br />

action against Carillion on behalf of our construction workers. For both legal actions<br />

as many people as possible were needed to come forward.<br />

Reports suggested that the use of the public procurement process to blacklist the<br />

blacklisters from getting any more public contracts may be starting to have an effect<br />

and for that reason every part and level of the Union was asked to push this policy<br />

even harder.<br />

In response to comments the General Secretary stated that construction workers<br />

were on the blacklist, but journalists and solicitors were also appearing on the<br />

blacklist. Also activists who had opposed the Heathrow expansion or protested over<br />

the M11 Link Road or Twyford Down were on the list along with others active on<br />

environmental issues. The only conclusion that could be drawn was that names were<br />

4


exchanged between security agencies. The Information Commissioners Office had<br />

only retrieved 10-15% of the material it could have done. No-one knows whose<br />

names were on the other 85-90% of the material nor where this matter will end up,<br />

but it has serious implications for civil rights and Trade Union rights.<br />

(iv) Social Care Sector Update<br />

Justin Bowden, National Officer reported that following the signing of the Recognition<br />

Agreement with Four Seasons a spheres of influence protocol had been agreed with<br />

Unison to give a 60/40 nationwide split of Homes. This package gave <strong>GMB</strong> "Lead<br />

Union" status in just under 300 Care Homes, Units and small Hospitals in Four<br />

Seasons, giving <strong>GMB</strong> direct access and organisation and recruitment rights over<br />

18,000 staff. In addition the protocol with Unison also covered future acquisitions to<br />

give <strong>GMB</strong> a 60/40 split except where a prior recognition agreement was already in<br />

place. It was now full speed ahead in Four Seasons for Regions to get into the<br />

Homes and recruit and organise.<br />

Justin advised of concerns over the possible viability of HC-One where <strong>GMB</strong> had<br />

4,500 members. HC-One had picked up 250 care homes from Southern Cross when<br />

it collapsed but occupancy levels were currently lower than when Southern Cross<br />

folded. Justin had written to the CEO of HC-One offering <strong>GMB</strong>'s support and<br />

assistance<br />

6. FINANCE & GENERAL PURPOSES COMMITTEE<br />

(a) Minutes of Finance & General Purposes Committee – 11 February 20<strong>13</strong><br />

Minutes<br />

Item 3<br />

In response to a question on what Congress policy was in respect of affiliating to<br />

Unite against Fascism the General Secretary he was still trying to establish what this<br />

was and the position is still unclear.<br />

RESOLVED that the Minutes of the Meeting of the Finance & General Purposes held<br />

on 11 February 20<strong>13</strong>, be received.<br />

Matters dealt with<br />

Affiliations<br />

Donations<br />

Benefit Claims<br />

Industrial Action<br />

Action on Congress Decisions<br />

Contribution Income<br />

Budget 20<strong>13</strong><br />

Employment Matters<br />

VAT<br />

Property Matters<br />

(b) Her Majesty’s Revenue and Customs<br />

Allan Wylie, Finance Director reported that Her Majesty’s Revenue & Customs<br />

(HMRC) had begun inspecting <strong>GMB</strong> by visiting the National Admin Unit as part of a<br />

programme targeted on Trade Unions. They are particularly looking at expenses<br />

5


they believe are taxable and had revoked the <strong>GMB</strong>’s long standing dispensations<br />

covering expenses payments. In particular they had intstructed that lump sum<br />

allowances should be taxed. This will affect employees, lay members and branches.<br />

HMRC has advised they will make visits to Regional Offices in June, and will also be<br />

contacting selected Branches. The CEC will be kept up to date on discussions with<br />

HMRC and any changes that need to be made to the expenses payment system.<br />

7. MEMBERSHIP & RECRUITMENT 20<strong>13</strong><br />

Martin Smith reported that membership was not growing as fast as it was, however<br />

retention had improved and we would continue to focus on both recruitment and<br />

retention. Between now and Congress resources will be redirected to five targets<br />

which have given <strong>GMB</strong> access to 75,000 people. These targets were in Asda, Four<br />

Seasons, PCT Trusts, Academies and Securitas.<br />

The General Secretary reported that a lot of hard work had gone into agreeing<br />

canteen access in Asda stores. <strong>GMB</strong> now had direct access to 40,000 non-members<br />

in Asda who could now take time off to speak to us in store. This was a massive<br />

opportunity which should lead to recruiting enough members to push for bargaining<br />

rights. Our performance in recruiting in Asda is disappointing, now there were no<br />

more excuses given the access we now had and performance will be measured.<br />

National Agreements such as this must be taken advantage of.<br />

In Four Seasons <strong>GMB</strong> now had access to 18,000 non-members with no restrictions.<br />

In Academies <strong>GMB</strong> must follow the members when schools change to academy<br />

status.<br />

8. ORGANISATION COMMITTEE<br />

(a) Minutes of Organisation Committee – 11 February 20<strong>13</strong><br />

Minutes<br />

RESOLVED that the Minutes of the Organisation Committee held on 11 February<br />

20<strong>13</strong>, be received.<br />

Matters dealt with<br />

Congress 2012 – Report on Actions on Decisions of Congress referred to the<br />

Organisation Committee<br />

<strong>GMB</strong> Congress 20<strong>13</strong><br />

Organisation<br />

Departmental Reports<br />

Financial Services<br />

(b) National Equality Forum Term of Office<br />

The General Secretary reported National Equality Conference had discussed the<br />

length of the term of office for National Equality Forum members and decided it<br />

should remain as a two year term of office. The Conference had also discussed<br />

arrangements for future Conferences and had decided it should remain an annual<br />

event, to be a day longer from 2014, and would be a motion based and organisation<br />

based Conference from 2014.<br />

6


In response to comments the General Secretary reported how impressed he was by<br />

the Conference and the enthusiasm of new delegates.<br />

9. TUC<br />

(a) General Council Report – 27 February 20<strong>13</strong><br />

The CEC AGREED to accept the written report of the TUC General Council meeting<br />

held on 27 February 20<strong>13</strong><br />

(b) Consultation on 2012 TUC Congress Resolution No.5 – Resisting<br />

Austerity Measures<br />

The General Secretary reported on the TUC consultation on Motion 5 to TUC<br />

Congress 2012 calling for TUC to consider the practicalities of a general strike.<br />

Following discussion it was AGREED the <strong>GMB</strong> position to submit to TUC would be a<br />

midweek March against the Government should be arranged to bring central London<br />

to a standstill and joint action with other Unions to maximise opposition built on a<br />

TUC campaign.<br />

(c) Pre-budget Rally – <strong>13</strong> March 20<strong>13</strong><br />

Eamon O’Hearn-Large, National Organising Department reported that TUC had<br />

arranged a pre-budget rally on <strong>13</strong> March. <strong>GMB</strong> was being represented at the rally by<br />

Maggie Hughes who campaigns for the rights of victims of crime abroad. <strong>GMB</strong><br />

members were meeting at Westminster Tube Station at 5pm. He asked for as many<br />

people as possible to attend.<br />

10. LABOUR PARTY<br />

NEC Report<br />

Andy Worth, Midland & East Coast Regional Secretary reported no meeting had<br />

been held since the last CEC meeting.<br />

11. ANTI-BEDROOM TAX DEMOS<br />

Bryan Hulley, Southern Region reminded the CEC of anti-bedroom tax demos being<br />

held on Saturday 16 March.<br />

MARY TURNER<br />

PRESIDENT<br />

PAUL KENNY<br />

GENERAL SECRETARY<br />

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