BOYCOTT OF COMPETITORS’ MAIL – LEGAL POSITION

[mandelsons_toenail]

What the hell is this


To: All Branches with Postal Members



Dear Colleague

BOYCOTT OF COMPETITORS’ MAIL – LEGAL POSITION

Having considered all the issues surrounding a potential injunction, which could have prevented the Union from taking legal industrial action on a range of issues, the CWU has given Royal Mail an undertaking that we will not call for a boycott of competitors’ mail on reliance of the consultative ballot result.

However, the Union will continue to build pressure over the issue of unfair competition. Firstly, we will explore if there is any legal way of carrying out a future boycott as part of a properly constituted industrial action ballot. Secondly, we will expose Royal Mail’s abject failure to tackle End to End competition. In recent months the company has moved from being a vocal critic, to publicly supporting Ofcom’s ‘wait and see’ approach. We want Royal Mail to explain to the workforce how they intend to protect revenue, jobs, and the pay and conditions of our members. Thirdly, we will plan a specific event to focus on the actions of the Regulator in the near future.

The boycott policy has already been effective in creating a lot of publicity. As a direct result of the Union’s actions we have seen Ofcom backtracking on the damaging proposals they were contemplating from their user needs consultation. We have seen Ofcom, for the first time, layout a detailed process on what needs to happen for them to directly intervene on end to end competition. Furthermore, we have seen Ofcom publicly commit to a firmer monitoring of the ongoing situation with a major review in 2015. Now the CWU will focus on fresh strategies to tackle unfair competition.

Please ensure the terms of this LTB are communicated to our members. The Union will be sending out further information next week on all the major issues we are currently dealing with. We have attached a copy of our press release issued today.

Yours sincerely
​
Dave Ward​Billy Hayes
Deputy General Secretary (P)​​General Secretary




28th June 2013

[rumble1234]

Same o same o they have shat it again

[TrueBlueTerrier]

No. 441/13
Ref: 21003
Date: 28th June 2013

Letter to Branches

Dear Colleague

BOYCOTT OF COMPETITORS’ MAIL – LEGAL POSITION

Having considered all the issues surrounding a potential injunction, which could have prevented the Union from taking legal industrial action on a range of issues, the CWU has given Royal Mail an undertaking that we will not call for a boycott of competitors’ mail on reliance of the consultative ballot result.

However, the Union will continue to build pressure over the issue of unfair competition. Firstly, we will explore if there is any legal way of carrying out a future boycott as part of a properly constituted industrial action ballot. Secondly, we will expose Royal Mail’s abject failure to tackle End to End competition. In recent months the company has moved from being a vocal critic, to publicly supporting Ofcom’s ‘wait and see’ approach. We want Royal Mail to explain to the workforce how they intend to protect revenue, jobs, and the pay and conditions of our members. Thirdly, we will plan a specific event to focus on the actions of the Regulator in the near future.

The boycott policy has already been effective in creating a lot of publicity. As a direct result of the Union’s actions we have seen Ofcom backtracking on the damaging proposals they were contemplating from their user needs consultation. We have seen Ofcom, for the first time, layout a detailed process on what needs to happen for them to directly intervene on end to end competition.

Furthermore, we have seen Ofcom publicly commit to a firmer monitoring of the ongoing situation with a major review in 2015. Now the CWU will focus on fresh strategies to tackle unfair competition.

Please ensure the terms of this LTB are communicated to our members. The Union will be sending out further information next week on all the major issues we are currently dealing with. We have attached a copy of our press release issued today.


Yours sincerely

Dave Ward Billy Hayes

Deputy General Secretary (P) General Secretary

To: All Branches with Postal Members

28th June 2013

For immediate release

Fight goes on over unfair competition


The Communication Workers Union is today (Friday) pleased that the profile of the issue of unfair competition and opposition to privatisation has been raised by the union’s consultative ballot result. The union has accepted legal advice which says it would not be legal to undertake boycott action on the back of the consultative ballot alone, but says the fight goes on.

Dave Ward, CWU deputy general secretary, said: “Postal workers have clearly spoken. When asked directly, 92% said they were prepared to take part in a boycott of competitors’ mail and 96% said they opposed privatisation of Royal Mail. This has significantly raised the profile of these issues.

“We have accepted the advice of lawyers that it would not be legal to take action on boycotting competitors’ mail on the basis of the consultative ballot result alone.

“We are now considering how this action could be taken. There are a number of outstanding issues for our members in Royal Mail and we are exploring the possibility of holding a national industrial action ballot which could also deal with the boycott.

“In the meantime, Royal Mail must explain to its workforce how they are going to protect revenue, jobs and terms and conditions when they have abjectly failed to tackle this issue. They should be taking TNT to court, not us.

“TNT is allowed to set up delivery networks on an unlevel playing field – delivering what they want, when they want, where they want on poverty pay and with no quality of service standards. The government and regulator are sleepwalking into a disaster waiting to happen. The fight goes on to protect the future of UK postal services.”

CWU published the results of its consultative ballot on 19 June. Ballot papers were distributed to 112,000 postal workers in Royal Mail (not the Post Office or Parcelforce) asking four questions.

The results, on a 74% turnout, were:
Q1: Do you oppose the privatisation of Royal Mail? YES 96%
Q2: Do you support the boycott of competitors' mail? YES 92%
Q3: Do you support the CWU Pay claim? YES 99%
Q4: Do you support the policy of non-cooperation? YES 92%

-ends-

[britwrit]

What the hell is this

Ditto.

[fishtank]

It's kind of puzzling.
Not that they called it off..that was expected but that they were ever convinced it could happen.
In November last year Dave stood up at the Thistle hotel in Edinburgh and said we are taking legal advice on whether a boycott of competitors mail is possible.
It might be time to re-evaluate the quality of the union's legal advisors if eight months later it turns out to be a non starter..

You either withdraw your labour or you don't,you can't pick and choose what you want to do while still expecting your employer to pay you.
Even I get that and I'm no Perry Mason.

[mandelsons_toenail]

So everyone's in a frenzy, us guys voted a big yes

And they've bottled it

[TrueBlueTerrier]

It was a CONSULTATIVE Ballot not an Industrial Action Ballot. We could not have taken any legal direct action based on the results even as high as they are.

The Union could not, and did not intended to do anything other than what they have done - namely draw attention to the dangers of DSA. Anyone expecting industrial action on the back of the recent ballot was always going to be disappointed.

Same o same o they have shat it again

In my honest opinion that's wrong. They got exactly what they wanted from that section of the ballot. It got covered in the press, it caused RM to react to a campaign instigated by the CWU, it alerted the management to the general feeling of its workers, and it got the backing it wanted and needed from the membership.

There was nothing to "shat it again" because we were never going to take any direct action without a proper IA Ballot anyway.

What the hell is this

Its a position statement. Basically the campaign against DSA continues, and they are looking at how they can get a legal boycott because of the backing they got in the consultative ballot.

Its about exactly what I was expecting.

[fishtank]

The Union could not, and did not intended to do anything other than what they have done - namely draw attention to the dangers of DSA.

I agree with most of what you said teebs but...because of the way it was put across to the membership it will be seen as a climbdown which in the present climate is not what the membership needed to hear.
As a publicity tool it may have done it's job but as a piece of membership engagement it has backfired slightly.
I think the union has to concentrate a little harder on getting the members up for the fight that is almost upon us.

[cloherty1976]

It's kind of puzzling.
Not that they called it off..that was expected but that they were ever convinced it could happen.
In November last year Dave stood up at the Thistle hotel in Edinburgh and said we are taking legal advice on whether a boycott of competitors mail is possible.
It might be time to re-evaluate the quality of the union's legal advisors if eight months later it turns out to be a non starter..

You either withdraw your labour or you don't,you can't pick and choose what you want to do while still expecting your employer to pay you.
Even I get that and I'm no Perry Mason.

well said fishtank

[clashcityrocker]

The Union could not, and did not intended to do anything other than what they have done - namely draw attention to the dangers of DSA.

The danger is end to end competition.
It is very difficult to draw attention to something that is affecting a very small area of the country.

In order to reverse the Introduction of DSA the CWU would have to be able to overthrow the current neoliberal philosophy that holds sway in so much of the world.
Even though I am a big fan of Billy Hayes, I think that task is a bit beyond him.

[General Mannerheim]

LTB 441/13 Boycott of Competitiors' Mail Legal Position

No. 441/13
Ref: 21003
Date: 28th June 2013

To: All Branches with Postal Members




Dear Colleague
BOYCOTT OF COMPETITORS’ MAIL – LEGAL POSITION

[Guevarista]

Well, that was a foregone conclusion... But where's the info on the tabled pay offer?

[daveyeff]

I would've thought the cwu would've asked about any legal/illegal consequences via their lawyers BEFORE partaking in an action of this nature. did it not occur to inquire if we could be stopped by rm. they, above anyone should known what rm are like. frankly,,,im gutted. nothing on the 3 year pay deal they confirmed was tabled last week then. what a f***ing letdown. ''royal mail in a panic''.,,,,, my arse. they are laughing at us.

[borgpicard]

Fu cking spineless cu nts

[clashcityrocker]

Why would they inquire about RM stopping it if they never had any intention of undertaking it?
There was never going to be Industrial Action on the basis of a consultative ballot.