REPORT □ UNITEDKINGDOMLABOURLAW Intransigent , vicious, and worse A classic case, straight fromthe union-buster's bible KEITH EWING isProfessor of Public Law atKings College, London and aVice President of ICTUR The year, impose BA after dispute new thecompany arrangements has been decided running relating that for it to over would the a year, after thecompany decidedthat itwould impose new arrangements relating to the working conditions ofcabincrew.Itwas that simple ,though matters havebeengreatly complicated bytheconduct ofthecompany sincethedispute started. BA standscondemnedforintransigence, and worse.Ithasengagedinviciousconduct directed at itsemployeesand theirunion,including the unilateral withdrawal oftravel concessions tostaff involved inthedispute. Ithasalsoengagedactively in conductthatlooks like it has been lifted straight from theunionbuster's bible. Herearesomeofthekeyingredients ofactivity associated withunion- busting behaviour, in an increasingly bitter dispute, whichso farhas seen twoindustrial actionballots (one aborted because oflegalproceedings), 22daysofstrike action, and a third ballotforfurther actionimminent at the timeofwriting. Advance planning Itstarts withpreparation andplanning, often with external advice.(Whywoulda company directly employ unionbusters?) IntheBAdispute there are controversial reports thatthecompany had taken adviceand had plannedto breakthecabincrew union - the BritishAirwaysStewards and Stewardesses Association (BASSA). Thisevidenceappearedin TheGuardian(27 March2010),reporting a leakeddocument which was said to have revealedthatBA had commissioned 'an adviser' who tolditto forcetheissue' withBASSA, by'hitting theleadership ... whereit hurts'. The report, 'paid forby theairline', is said to have'encouraged BAtoprepare fora showdown withthe Uniteunion'sflight attendant branch, Bassa, aboutthreeyearsago', and was said to haveincluded recommendations totheairline on: ■ Taking an 'anti-Bassa' approach; ■ Recognising 'there is no prospect of... partnership 'undertheunion'scurrent leadership; ■ Tackling unionleaders'whereithurts' bycurtailing timeoff forunionduties; ■ Seeking helpfrom Bassa'sparent union, then theTransport andGeneral Workers' Union,in a 'divideandrule'approach. According to TheGuardian , the companydistanceditselffromthe report, and indeed The Guardianpublished a correction a fewdayslater, thoughthisrelatedonlyto the identity of the author, notthesubstance ofthereport. Thiswas saidbyunionmembers tobe 'a blueprint forthe company's hard-line approachto industrial relations ', andtoconfirm everything they hadargued all along,namely that'thiscompany has a secret union-busting jii agenda'. jii Attacktheorganisation Consistently withtheadvicewhichthecompany mayor maynothave received from thisor that source,it appearsto be the case thatBA has mounted an aggressive attack on theunioninthe workplace. The attackhas been on two fronts, with thefirst beingtodecapitate theunion, taking outkeyactivists, bymeansofdismissal anddisciplinary suspensions. As a result a number of BASSAofficials have been sackedor suspended, withTheObserver (5 September 2010)reporting that theposition isnow so seriousthatBASSAhad 'appealed forcabin crewtovolunteer as shopstewards' becauseofthe lossof'keymembers tosackings andsuspensions, including theofficial incharge ofrepresenting staff indisciplinary hearings'. Apartfromdecapitating the leadership at the workplace, another important stepfor an employeristoremove thephysical presence oftheunion alongwiththeleadership. BASSAenjoyed various facilities underan agreement withthecompany, whichrecognised theroleofshop stewards and guaranteed time off without payfor meetings with management andother meetings, including BASSA branch meetings. On 22 December2009,however, thecompany wroteto theunion,formally to bring to end the union'sright to facilities. BASSArepresentatives wouldbe rostered fornormal flying duties, therebyensuring that they wouldbe unabletoperform their unionduties. The agreement had also guaranteedtheuniona physical presence, interms of accommodation andother support. Spread fearamongsttheworkforce It continues with aggressive management. According to BASSA,morethan70 cabincrew havebeensackedorsuspended for conduct relatinginsomewaytothedispute , leadingtoclaims in an independent report commissioned by the unionabout'anembedded culture ofbullying and authoritarianism deliberately engineered from the top echelonsofthecompany'. Manyofthesuspensionsare said to be fortrivial reasons,and includecrewmembers who (i) circulated a listof pilots prepared tostrike break, (ii)wereoverheard having a private conversation wrongly thought to havebeen aboutthelistofpilots;(iii) expressed dismay toa manager aboutabusetargeted atcabin crew on the company's graffiti board;and (iv) askeda ground staff colleagueifshewasthinking oftraining as cabincrew. INTERNATIONAL union rights Page 6Volume 17Issue 42010 jii Thisis all compoundedby theallegations in thepressaboutthesurveillance ofcabincrewat home,with The Observer (5 September2010) reporting thatcrewmembers subjectto disciplinaryactionhad contacted thepoliceto saythat they had been followed to their homes,byBA's 'shadowy' AssetProtection Department, theranks of whichare thought to includea numberof retired policeofficers. TheAssetProtection Department hadpreviouslycome to publicattention aroundthetimeof the first ballot,with The Times(17 November 2009)reporting unionconcerns(deniedby BA) thatitwas 'monitoring internet forums fornegativecomments abouttheairline', and that'teams ofup to six people . . . are dedicatedto monitoring unionactivity and individual repsforany information thatcould be used to damage the unionandundermine theballot'. Use litigation to break resistance It extendsto trigger-happy litigation, whichhas becomea weaponoffirst resort inmodern industrialdisputes , withBritish labourlaw providing manyopportunities foremployers to use litigationas a unionbusting tactic. It has been used famously byBAon twooccasionstostopBASSA which had called industrial action following statutory ballots,with large majoritiesbeing securedbytheunionon bothoccasions...