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_ DEFEND THE BIRMINGHAM 5
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WHAT HAPSENED
On /th rebuary, 1973, a group of five U.C.A.T.T. members wolkea into ths offices of the 8.0.8. Labcur Bureeu on the eigth floor of the Rotunda building, © prominent and prestige office block in the centre of Birmingham. Accompanying the five building workers were a television cemers crew of three, and © photographer/ reporter from the Birmingham "Evening Mail". One of the workers informed the manager that * “pecceful occupation" of the building was about to take place, and that its object was to draw attentio to the industrial and socinl evils of lump labour. In the event, the occupation was short-lived. No one was hermed and no one was threatened. Predictably, thepolice arrived within minutes, ond when they did, the building workers co-operated with them fully. Press photographs published the some evening showed the workers leaving the building under police escort, and all parties were seen to be smiling. No damoge wns done, no one was attccked, The rction was part of a long campaign against the use of lump labour in the building industry. The size of the problem is illustrated in the following table, which shows how lump labour in the building industry has spread, 1961 1966 T9735 Total employed 1.4 million i. / million Tee mill, Lump 168 , 000 215,000 Loo, 00-p In the eftermath of the national strike in the industry the employers launched a major offensive against the trade unions, with the intention of undoing the gains made during and before the strike. The strike itself had shown the ability of the militants to organise a major strike and overcome the differences created by the nature of the building industry, i.¢. a large number of enployers, numerous sites, the ensual nature of employment etc. The lump has been a major stumbling block to organisers for years, and one of the primary oims of Charter ~ a rank-and-file organisation Simed at unionising the industry - was the elimination of this system of employment. Charter hed done a great deal to draw Attention to the evils of the lump system, ond its activities have resulted in many firms making agreements with the unions to ban the lump. The employers however, had an interest in keeping the lump, and the Sgreements were more honoured in the breach than in the observance, Even in cases where Charter hod Succeeded in getting local futhorities to insert "no lump" clauses in contracts, the employers were using 4 it under a variety of disguises. When tackled about this , they always pretended to be completely innocent. But on
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the sites the militants knew different; and agencies specialising in this type of labour flourished.
LABOUR AGENCIES
With the growth of trade unions amongst the traditionally organised sections of the working-class, the employers have taken to recruiting the work-force through labour agencies instead of directly employing them. If we look into the way these agencies operate it becomes immediately obvious what new advantages it offers the employers, and what problems it creates for the working class. The way these agancies operate is fairly simple. Instead of advertising for workers in the press etc., the employer goes to an agency, tells them he has a given number of vacancies, and will pay the agency so much an hour for each worker they enploy. The agencies then do the advertising and recruiting for the employer, and carry out many of the functions the firm would normally have to do themselves; ie check the blacklist to ensure that militants do not get a job, grade workers, pay the workers wages out of the hourly rate paid to them by the employer, and stamp their cards. As none of these egencies have agreementa with the trade unions, and generally work in violation of the igreements drawn up by the trade unions and the main employers, the pay and conditions of the workers on their books differ greatly from those achieved by organised Workers. Although the agencies. will get the same rate from the employer for each worker they supply, they in fact grade workers in areas where grading never existed, and pay differing rates according to grade, thus creating a new division amongst the workers, £00 ‘san eteee as Most of the employers whe recruit through labour Agencies use more than one agency, and workers on the site, in the factory or office, find themselves working with someone whose wages appear. to come from 8 different source, and a cent— rzlised struggle becomes more difficult.
It is clearly imperative to ensure that all workers are dir— ectly employed, and
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in the building industry, Charter has made this one of its principle aims. But employers frequently keep their arrangements with agencies secret, or in particular deny that they are making any use of them. Actions like the occupation of §.0.8. are, therefore, a necessary part of the struggle, the information which they place in the hands of militants expose the ectivities of employers, and show where this labour is used.
COMPANY SECRETS Before the occupation took place many building workers in Birmingham suspected that &.0.5. was supplying lump labour to firms which had agreements with the trade unions not to use it. These firms consistently denied that they were using lump. But militants knew that they were, and that they were using it to destroy trade unionism in the industry. The occupation was undertaken in order to show that the use of 3.0.8. was widespread and to discover where it was being used. In this, the occupation was sucecssful. Many of the largest and most respectable building firms. in the country, eg Wimpey, David Charles, Bryant and others were taking advantage of S0S's, anti-union services, As Pete Carter, Chairman of Birmingham Shop Stewards Committee said: "Our action was intended to expose the operations of the 508 which operates in total isolation of fhe rules of the building. industry. We proved that the building employers were using this agency in isolation cf the agreement the trade unions have with the employers." This information was extramely important to those who were trying to get the building industry organised. Trade unionista in general had to be made aware of the new methods of employing labour, and the extent to which these had grown. This part of the anti-lump campaign, the job of showing that the employers were lying, came up against one of the employers:' most important weapons - the right to business secrecy. This Pight allows the bosses to carry out 4211 kinds of activities while pretending to be as pure as the driven snow, Under the cover of secrecy they operate blacklists, provoke strikes, switch production from oné place to another, fix prices, etc. Their right to secrecy is the right to conspire against the interests of society, and this right is protected by the law, the police, and the prisons. The importance of secrecy to the capitalist can be illustrated by reference to Chile. The attempts of Popular Unity to improve the: living standards of the masses and gain control of important sections of the economy ran into
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the organised sabotage of production by the bosses. Chilean workers had to. take control of companies, inspect the books, etc., and organise. production to prevent the capitalists destroying the economic reforma of the government. The secret deals between ITT, the Chilean army, and the CIA are well know, In Britain the attempt by the post-war Labour governments to nationalise steel wan sabotaged by the steel barons’ relusul to release essential information. Big companies constantly flout the government's so-called prices policy by manipulating the figures they release. Attempts to regulate the economy against the interests of big business Always run into sabotage by the bosses. Any talk about a fair prices and incomes policy ia blatant deception while the relation between the individual remains the secret of the capitalist. <Attempta to limit the power of big business are mere farces as long as capitalists are free to-hide their manipulations, plota, andfrauds from producers. and consumers.
Any government which is serious about controlling industry in the intereste of society as a whole must make the abolition of business secrets a first step. Workers no less than employers have the right to know the secrets of the factory, the industry, and the economy as a- whole, Consumers Olso hive no right to this information. The bosses say price rises cre necessary and ere due to cost inererses, world prices, etc. Maybe so. But while they continue to operate in secret most consumers will doubt the truth of these claims, Producers and consumers must have the right to examine the accounts of all the businesses. Any attempt to solve the economic problems of society by the curbing of the power of big business such oo thé plan to: nationolise 25 major companies must be accompanied by the abolition of business secrecy. Any schemes for workers participation on Bo-rds of Dircctors ni3t include rcoal pover for. workers representetives to inspect the books and veto any deals thet are against the interest of workers.
The bosses fre well ecware of how important secrecy is to them, This is why they reacted by pressing very serious cherges against those who challenged them.
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NEW PROBLEMS, NEW METHODS
The SOS occupation illustrates an old truth of working class politics; 'that methods of struggle - suitable to a A normal period of class reletions becomes inappropriate during a period of crisis’. Of course, in a period of ‘normal’ class relrtions there are still struggles. Bosses do not give w ge incresses out of the goodness of their hearts. But in the fifties and sixties frectory and site organisations were sufficient to defend an advence of living standards. There were strikes and lock outs, Snd some disputes were Jong drewn out and bitter, but in general the short localised strike was the method of struggle which a whole generation of working class acccepted as normal This is because the British economy was capable of allowing real incrense in living stendards.
But as this situation changed the employers bee’fed up their resistance to factory strikes. The working class found it necessery to go over to industry vide strikes. This also chonged the siuation. The employers, unable to defeat the working class, called in the state to centralise their part of the struggle. And this led to the direct intervention of the state into industrial relations. We then have the Industrial Relations Act, the N minus one policy, and wage freezes, The working class responded by stepping up their methods of struggle, the huge strike wave which freed the Pentonville Five, the mass pickets that won the miners strike end deferted the M minus one policy, the flying pickets in the building strike, are all examples of this.
When the conflict spills over the bounds of ‘normal’ industrial relrtions, the traditional rights of each side are no longer seen as the proper framework of atruggle. The employers cre trying to teke sawoy the right to strike by a variety of tactics - on the one hand using special legislation such as the IRAct and the pay lews, and on the other réinterpreting the criminal lav to attack workers in strugéle, The working class has hed to challenge certain of the capitalists rights; in this case the right to conspire in secret. But other rights of the employers heave also been challenged, for example, their right to crete redundancies in the interests of profit hrve been challenged at Bryants, UCS, Fakenham, and Glsewhere. At Chrysicr strikers challenged the employers right to free movement of goods. All these are cmamples of situations in which workers heve hed to go over fron bargaining about the price of their labour power to challenging the employers right to engege in activities which ere cgninst the interests
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of the working class, Thess Hits are besic to the capitalists ability to extrect, eerie they will protect them with tas greatest determination. But the destruction of the workers right to struggle is of equal importance to hin. Go here again he will fi ht with ferocity. This is why the birmingham miiitants ave iacing Charges of annoy si, -
= On pie ae ee alana ted has More than one set o ieee * & ANSEL att, wo Do
in G&usomatic result of occupying Une cherese Penn Prer LGCS 5 Tie G1 Be ronSs to trreanose 168 to Beek redress Lhropen eivil ection for ony canage resulting from the Trespass. Normalay. tie police will not attempt to press Criminai charess: i 0h cases; the civil lew is considered SutTicient preeusetion. fn Bhisocase, “Rovever, a decision wee tose 8b thie a5 Sheet ievels to use the criminal lav. a Circular sent out by U:
O.A.T.T. to explain the situation to trade unionists me@kes this clear. It is worth quoting the union statement, "on April 20th the U.C.AT.T.
Olfice wee informed by a reliable source thet RES LOS issued by the Director of Public Prouecution had BUunmOnse a been oigh a + ial Dirminghem the previsus dey, end that our a te 5 together with the television camera crew, would ioe re, rece charecs of conspiracy. a informant also told us that. the Birmingham City Pol Police were not in favour of the Chisf Constrbls of Birming-— these procecdinga, and that Nam Woe making thes e Views known to the Home Office.
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"As mething furth R=Fe) KS, we believed either thaf our information was it the reported iftervention 7 tt : u effective. Whatever tie reason fo. ; sl £8 Here served on May 2nd, “more” peident took place® 2 weeks af th Ww and just ofe day after B mounted ong o= the Larg country. he charges res and 'unlew#al assembly public safety’. Whe charges nC.CeL., "very seveBe", and cou The M of U.C.A.T#. decided asi when established crimi ed_is new way to@iscipline end r ir 8 In an open letter to the labo y Ee Berlow, Midland Regionel Secréter -, pointed to the heowb of the matter ,"My Rt il..:is forced to the conclusion thet the failed so miserably in its attemp: repress workers through its ind now needs tO echieve the dee | by u criminal 1 in @ new pe re} attack mili unionists. The whole af it attock on small group of bull dingwson serious thrést to the whol 2 t: sade 4 The charges agsinst the Birmir of © crrefu ly plonned atpeteny %2] a G the Hefeat @f the anti-strike clauses in © Relations A@t, the Government has é fashioned cBiminel law to att. charges of @onspirecy and - ea Shrewsbury 2b are pert of this vague © cheBge thet it con Be kind of opp@pition to ompeteere. at even transi gm the non-crin inal a criminal orf ‘ence — the in itself, Bot planning to trespass The Tom bes are relying oA respect for the lew ” that ethene ea legisletion d massive resistance enable them to get away with these a h and to a eS defest for the Government in the crse of the 5 dockers. But the labour movement hes got to learn thet the law is not neutrsl, and thet attacks earried out under the criminal law are. just. as viciously anti-working: class es the Tedus tae Relations Act.
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The cPiminal lav is also being wet to prevent effective picketing 4 without which«© strike is ineffective, Pickets in verious oarts of Britain heve beén chorged with a variety of criminal offences *— intimidation, obstruction, breach of the peace, -etc, , ete, In one cese © picket was tharged under an act of 1361 with 'blemishing the peace’! Picket lines have been to thet more than two pickets constitute intimidation.
The “Conspiracy to trespass” ond “unlawful aasembly" charges hove serious implications for the labour movement. They create a useful précedent for other occupetians that might toke place in the future; ond they provide 4 suitaole criminol offence to use agcinst “ny attenpt to inspect the books end documents of other employers. They ore also | intended to intimidate the labour movement, to frighten militants with the threat of prison sentences if they get oyt of line. “Since this intimidetion is used in the intereéts of the employing closs it is per,sectly legel.
ca The jemploye Dw ik, an octopu The labour movement is be mc aked thew whole ron of methods; pay lowe, npice laws, Tare inéreqses,,rent risge,@reduced Social services, ¢te., ete. The object of the at@acks are to incrercse profits ot the expense of working class living standerds. The 2ttPcks on tr2dé unionism cre simed at preventing the working cless fighting back Sgeinst declining living standerds. The lobour movement is like a m@n in the grip of an estopus -— if one tentacle of the attack is lopped off there ore many more to trke its place. The only way to stop the ettecks i8 to go for the brain centre.
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The brain centre of the employers' offensive is the Tory Government. In the coming months the labour movement must tackle the heed of the octopus by preparing a general strike to bring down the Tory Government. Part of the essentisl preparation for that must be to defend those under atteck ~ the Shrewsbury 24, the Birminghem 5, and any other vietims of the Government's anti-union policy. THE BIRMINGHAM FIVE
The Regional Committee of U.C.A.T T. took up the defence of the Birminghem militants by forming a Defence Committee representing 211 Sections of U C.A.T.T. membership. The aims of ‘the committee were to;~ . t - Publish bropdsheets’ end pamphlets outlining the progress of the case, ; p : ‘ i 2, Raise money for support of the dependents. 5 3. Arrenge demonstretishs ot suit*ble times (eg.. on the occasion of court apperrances, etc, )
The Committee received support from Tredes Councils, including the Birminghem Trodes Council, Labour Party a org?nisotions, ond left groups, Money wes roised rnd informotion distributed, ond about 1,000 people demonstrated outside the court on the first dey of the prelininary heorings, On this demonstetion a wide section of the Birminghtm Labour movement was represented: postmen , cor workers, miners, ss well es building workers. At the triel in July before mngistrates, the 5 were committed to the Crown Court for trial. This is due to start in December.
Since July the Defence Committee hes made a number of moves to brouden support: Shop Stewerd Committees, Trade Union Branches, Labour Party constituencies, and all major unions heave been circulrted, Trade Unionists must act now to mobilise workers by supporting the Stoppage on the first day of the trial, reising money, And obove sll, by informing the majority of workers in prepfrction for en indefinite stoppage if theme men ere inprisoned.
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