Unite leaders enforce injunction to prevent Gordon McNeill from protesting at Transport House

by e Mon Sep 01, 2008 12:33

Summons pdf attached

Summons attached 0.19 Mb

by d Mon Sep 01, 2008 12:36

Unite Regional Secretary, Jimmy Kelly, issues Gordon McNeill with a court summons for protesting outside an empty building!

Sacked airport shop steward, Gordon McNeill, who has been campaigning for over six years for justice from him employer. ICTS, and from his union, now faces imprisonment.

Gordon, along with 23 other workers, was sacked in 2002 for going on strike for a 50 pence per hour pay rise. ICTS were only able to get away with this because the leadership of his union, the T&GWU, co-operated with them by repudiating the strike.

The sacked shop stewards this year won a landmark legal case against ICTS in which they proved that their sacking was discrimination on grounds of their political views as active trade unionists. This was a victory won for all trade unionists.

The union leadership, meanwhile, has done all it can to cover up the truth about its role in this dispute. They have paid two of the three sacked shop stewards £40,000 each on condition that they never again speak about the role played by any union official during this long sttruggle.

Gordon McNeill has refused to accept this bribe. He has demanded that the union pay him the £40,000 compensation as a right, not as payment for his silence.

Last Friday Gordon was protesting outside Transport House demanding that the gagging clause be lifted. This was a peaceful protest that did not interfere in any way with Unite officials – Unite has moved to the Antrim Road and Gordon was protesting outside an empty building!

Yet Regional Secretary Jimmy Kelly served Gordon with a summons to appear in court on Wednesday and be charged with breaking an injunction barring him from protesting in Transport House. This is a serious charge that could end up with Gordon being jailed.

There have been many lows in terms of the role of union officials in this long struggle, but this attempt to jail an activist for protesting outside an empty building must be the most disgraceful episode to date.

Union leaders should be defending the right to protest as well as the right to freedom of speech. Instead we have Unite officials trampling on both these rights.

Don’t let them away with this. Build the campaign to defend Gordon McNeill. Contact Jimmy Kelly and Tony Woodley and demand that they lift the injunction and remove the gagging order. Move resolutions in your union branch condemning their actions.

Protest Wednesday 9.30 am outside the High Court. Bring placards and banners

by t Mon Sep 01, 2008 17:58

Protest - Wednesday 3 September 9.30am Outside Belfast High Court

Senior officials of the Unite trade union are continuing in their attempt to have sacked Belfast Airport Shop Steward, Gordon McNeill jailed for the “crime” of protesting outside an empty building.

The case will be heard in Belfast High Court on Wednesday morning. There will be a protest outside the court from 9.30am.

A protest was held at lunchtime today outside Unite’s Antrim Road offices. After the protest Gordon McNeill commented:

“I am dismayed that the top leaders of my union are prepared to see me go to jail rather than concede my basic and reasonable demand that the compensation they paid my fellow shop stewards should also be paid to me, but without the gagging clause that would prevent me from bringing out the truth about what happened in this dispute.

“It really is a low point in the history of trade unionism that the Unite leadership are prepared to imprison me because I sat on a garden chair outside an empty Transport House. I was interfering with no one. How could I have been when the Unite officials have moved from the building to the Antrim Road?

“Today, during our protest at Antrim Road, we had the unbecoming spectacle of Unite Regional Secretary, Jimmy Kelly, coming out of the building to shout insults at the protestors, making ridiculous accusations that we are “anti trade union scum”, and compared us with “fascists”.

“I would like to remind Mr Kelly that I have just fought and won a long battle with my former employer, ICTS, and, in doing so, have secured a victory for all trade unionists. My campaign is to defend my basic democratic right to free speech and my right to protest. It is Jimmy Kelly, along with Unite General Secretary, Tony Woodley, who are trying to deny these rights.

“If they succeed in adding their name to the long list of anti union employers and governments who jail trade union activists all they will have done is place an indelible stain against their own reputations as trade union leaders. My campaign for justice will continue.”

by Union member Mon Sep 01, 2008 18:47

I really think this is a disgusting move by Jimmy Kelly. How could any Trade Unionist actually enforce an injunction that could see a fellow union member being jailed for protesting!!! How can Jimmy Kelly or SWP ever argue against Employers putting down injunctions against Stike Pickets ever again as it's move they have used?! Rotten is the only word that springs to mind. I saw the posters around the City Centre this weekend.

Jimmy Kelly and Tony Woodley Unite in Shame!
Justice to the Airport Workers!

by unite Mon Sep 01, 2008 20:58

poster erected by unite

by c Mon Sep 01, 2008 23:10

How can Unite justify this action? Transport House was empty. All Unite officials had moved to Antrim Rd. Gordon McNeill was sitting on a deckchair outside Transport House - no threat to anyone. Yet Jimmy Kelly instructs the High Court to deliver a court order against McNeill, in an attempt to have him jailed. Incredible. It sickens me that a shop steward who represented low paid workers, who was sacked for going on strike and shafted by his union, ends up facing a prison sentence for taking part in a peaceful protest so he can continue to tell all workers the story of their fight. Absolutely disgusting.

What also sickens me is the continued support Jimmy Kelly receives from his party the Socialist Workers Party. Surely Eamonn McCann needs to ask himself: Which side are you on Eamonn, which side are you on?

by clarification Tue Sep 02, 2008 00:12

jimmy kelly is not a member of the swp, and hasnt been for sometime

dont let the truth stop you from a good sectarian debate though

by Stephen Boyd - Socialist Party Tue Sep 02, 2008 11:16

An anonymous comment claiming that Jimmy Kelly is not a member of the SWP is not clarification. Your comment clarifies nothing but it does attempt to shift the focus of this dispute away from what is now one of its central issues - that Jimmy Kelly and Tony Woodley are attempting to jail a trade unionist and a member of the Socialist Party. Your inference that this dispute is a sectarian attack by the Socialist Party on the SWP is pathetic and because of your anonymity cowardly.

Jimmy Kelly’s membership of the SWP is very relevant to this dispute. If he was a member of Fianna Fail or the PDs then his actions would be understandable, as they are the actions of a capitalist boss. However, according to a number of SWP members, he is still a member of that party, a party which claims to be socialist. I challenge you to put up a credible argument that Jimmy Kelly’s membership of the SWP is not relevant to his actions as the regional secretary of Unite in this dispute.

If Jimmy Kelly is no longer a member of the SWP then that party should openly state this and also distance themselves from him. They should also explain why their party leadership has defended Jimmy Kelly and the Unite leaderships actions in relation to this dispute. The SWP leadership should also explain why they are still associating with Jimmy Kelly.

Kelly has asked the High Court to enforce its injunction. You can read the full affidavit on this website, but here is a brief extract with the key points.

On the 29 August 2008, In the High Court of Justice in Northern Ireland ....
[an] Affidavit [was submitted by] I, James Kelly, the Regional Secretary.....
I am authorised to make this affidavit on behalf of the plaintiff......
The order for an injunction further contained a penal notice in the following terms, namely that if the defendant [Gordon McNeill]....disobeyed the order that they may be held in contempt of court and that they may be imprisoned, fined or have their assets seized...

A trade union leader has asked a capitalist court to jail or seize the assets of a trade union activist and a socialist. This is an act of infamy.

Yet, this same trade union leader, Jimmy Kelly will be speaking at a meeting organised by the SWP later this month called - Grassroots Shop Stewards and Union Activists Conference on: Re-Building Trade Union Activism. Is it not reasonable to ask the leadership of the SWP why Jimmy Kelly is speaking at their meeting? Why are they still associating with Kelly and if he is still a member of their party why have they not expelled him for his treacherous actions? Or by asking such questions am I being sectarian!

Kelly is speaking at the opening session - Pay claims, social partnership and re-building our unions - Speakers:   Jimmy Kelly, Regional Secretary UNITE; Owen McCormack, Busworkers Action Group; Dick Roche TEEU National Executive. Owen McCormack and Dick Roche are SWP members why are they sharing a platform with Kelly? Of course Jimmy Kelly is very well qualified to talk on the subject of “social partnership” as he has been negotiating a new deal with the bosses and the government and has laid out the terms under which a new partnership with the bosses would be acceptable to him.

by c Tue Sep 02, 2008 11:27

Can someone from the SWP formally confirm that he is no longer a member of theirs?

Jimmy Kelly appears to still be very close to the SWP. He spoke at the launch of People Before Profit in Waterford and is advertised to speak at the Trade Union Grassroots conference initiated by the SWP. How on earth can Jimmy Kelly, who has authorised proceedings to jail Gordon McNeill, be allowed to speak at a 'Grassroots' conference? When are the SWP going to publicly condemn the actions of the Unite leadership and Kelly????

by RogerC Tue Sep 02, 2008 15:30

The UNITE poster that is "Posted" on this link is quite frankly ridiculous. To state that they are defending workers rights while threatening to jail a former member who is in dispute with them is obscene.
The SWP really have to look closely at themselves here if they want to retain any sort of credibility with "W's" in their title.
Whatever your opinion on this dispute there is no denying that if anyone had any doubts about the relative merits of either case, the second the words "Injuction" or "Gagging clauses" were mentioned it became obvious who had been telling the truth, and who had things to hide.

by me Tue Sep 02, 2008 15:44

Jimmy Kelly is determined to make trade union history by being the first union leader to put one of his shop stewards in prison. And, just to make matters worse, he wants it done for the crime of protesting outside an empty building!

This is not the first time Jimmy Kelly has tried to get Gordon McNeill thrown in jail. At the end of May, when Gordon was two weeks into a hunger strike and seven days into a hunger and thirst strike, Jimmy did his best to send him down.

On 27 May Jimmy served Gordon with an injunction to stop him protesting on the balcony of Transport House. At this stage Gordon was semi conscious and unable to move around unassisted.

Unconcerned about his medical condition, Jimmy promptly went to the court to have him imprisoned. Don’t take it from us that a trade union leader could act with such Thatcher-like inhumanity – read his own admission of what he did in his current court affidavit (paras 12 – 13, see www.belfastairportworkers.wordpress.com}

“12. As a result of the Defendants actions in May Committal proceedings were prepared and I swore an affidavit in support of having the Defendant committed, a copy of which is attached hereto and marked “JK2” at the time of swearing hereof

“13. The Committal proceedings were not pursued by the Plaintiff in May as the Defendant was hospitalised on or about 28th May… “

So, sadly for Jimmy Kelly, the health service intervened before he could get his way. If at first you don’t succeed try, try again. Undeterred Jimmy Kelly has now come back to have a second go. It seems that he is determined to be remembered for something – even if it is only as the trade union leader who jailed a union activist for sitting outside an empty building.

Not a legacy everyone would want, but it doesn’t seem that anyone is able to save him from himself.

by Robert - Ex SWP Tue Sep 02, 2008 16:40

As a recent ex member of the SWP i can confirm that Jimmy Kelly is NOT a member of the SWP. And has not been for at least 3 months.

Hope that clears that up, for all the sectarians.

by me Tue Sep 02, 2008 18:56

Join the protest tomorrow 9.30am outside the High Court Belfast

Jimmy Kelly confronted by protestors in Belfast Monday 1st Septmber

by me again Wed Sep 03, 2008 15:25 07934632366

Unite leaders forced to back down from their attempt to imprison him.

Unite leaders’ attempt to cripple Gordon with legal costs thrown out by the court

“I will now be returning to my lawful protest outside Transport House” Gordon McNeill

Next protest will begin at 1pm tomorrow (Thursday 4 September)

The case brought by the Unite leadership against sacked airport shop steward, Gordon McNeill, was heard in the Belfast High Court this morning. Unite were attempting to have Gordon imprisoned for breaking an injunction barring him from protesting at Transport House.

Unite were forced to back off from their attempt to put Gordon in prison, but only because they had been made aware of the huge repercussions this would cause throughout the trade union movement in Britain, Ireland and beyond.

Instead they attempted to use financial pressure to force Gordon into a settlement with the union on its terms. They tried to have the whole cost of the case awarded against him. But the Court threw this out and the costs of bringing this case will now be added to the tens of thousands of pounds of unnecessary and wasted expenditure clocked up by Unite’s leaders in their efforts to silence Gordon McNeill.

The Court also upheld Gordon’s right to protest on the pavement outside Transport House. This means he can legally return to the spot outside the building where the court summons was served on him last Friday.

Following the decision Gordon McNeill announced that he will now be resuming his lawful protest starting at 1pm tomorrow. After the case Gordon commented:

“The attempt by Jimmy Kelly and Tony Woodley to have me imprisoned and to take away my democratic right to protest has fallen flat on its face.

“I have made it clear all along that my protests are not an attempt to disrupt the work of the union. I am just trying to get the facts of this dispute across to Unite members and to the public at large.

“I will now continue to do so. All I am asking is that the compensation they gave my two shop steward colleagues is given to me but without the clause that would gag me from ever again commenting on how our trade union officials handled our dispute.

“As soon as they do that my protests will end. But I will not be bribed into silence and, until the gagging clause is removed, I have no option but to continue to protest and publicise this case.

“My campaign is not against my union. Bringing out the truth about what happened will strengthen the union as it means that bad practices can be rooted out. Covering up those practices will guarantee that they continue.

“Nor are the Unite leadership’s actions in this an attempt to “defend” the union as they would have us believe. Their only interest is to defend themselves by trying to suppress the truth about what they have done. They will never succeed in this.”

by unite member - unite Wed Sep 03, 2008 15:57

Fair play Gordon, well done - Don't let them wear you down!

by Trade Union member Wed Sep 03, 2008 18:38

Clearly the big campaign against Jimmy Kelly and UNITE leaders around Belfast put pressure on! I look forward to seeing many more protests agains Jimmy Kelly on this matter so long as it is not resolved.