Saltend - The Background to the Lock-out

Keith Gibson, Lock-Out Committee (pc)

A couple of weeks ago Redhalls (the company thrown off the site by Vivergo allegedly on 11th March) had attempted to issue redundancies that would have breached the NAECI agreement (National Agreement for the Engineering Construction Industry). Approximately two weeks ago Redhall's had attempted to issue redundancies on the basis of first in last out that Redhall construction workers themselves had insisted upon, however, Redhalls tried to implement this on the basis of first in last out of all workers on site within their company (not first in last out on the basis of this particular contract) - please note when the HR1 had initially been applied for, Redhall's had started to transfer onto Vivergo site their own permanent workforce within their own company - in other words 'first in last out' on a Redhall basis would mean that the original construction workers that were employed by Redhalls to work on the bio fuels contract from its inception (i.e.: not permanent workers within Redhalls) would be made redundant before the permanent workforce that Redhalls (after the HR1 was applied for) were just bringing onto the Vivergo site. This led to the strike approximately two weeks ago.

Having secured redundancy on a first in last out basis on the contract (after strike action) and not company service a week later Redhalls were allegedly removed from the Vivergo site on Friday 11th March, however, Redhall employees were not informed.  Over the weekend, 12th-13th March, rumours began to circulate amongst construction workers that Redhalls had been removed off site.  When construction workers arrived for work on Monday 14th March Redhall employees were refused access to the Vivergo site and a letter from Redhalls informed them of a TUPE situation. To date the scaffolders employed by Deborah Services Ltd and the electricians employed by SEC Electrical have been laid off on pay awaiting a return to work on the Vivergo site. The latter intimates that work on the Vivergo site is to be reconvened. And yet, Redhall Solution Ltd employees including Construction workers have been left in limbo - locked out from their jobs with no reason given other than the company Redhalls are running over budget.  If Vivergo are to continue the bio fuels project (at whatever point) this means the construction workers jobs are still there and a TUPE situation is being blanked by a gap in time of restarting this project on the mechanical side. It is this issue that needs addressing.

Further - Officials from GMB and UNITE attended a meeting with Redhalls on Thursday 17th March. I was asked by the GMB to attend this meeting but Redhalls would only speak directly with the Officials of both unions - this meeting took place at the Village Hotel in Hessle and I along with the shop stewards attended the Village Hotel speaking intermittently with the Union Officials as the talks were in progress.  Redhalls had changed tack and were now offering a payment owing package while allegedly agreeing a TUPE situation has arisen. Today on 21st March the locked out construction workers rejected this pay package and agreed on mass to escalate the fight to secure construction  workers� jobs and in defence of the NAECI agreement.

For construction workers the scenario is - if they sign on JSA (Job Seekers Allowance) they risk losing their TUPE rights.  If they accept a payment owing package this may breach their right to TUPE.  In other words workers face financial hardship due to the lock out. Construction workers have not been laid off temporarily on pay like the scaffolders and electricians and therefore overnight without any consultation have had their jobs and pay withdrawn while it is plain that at some stage Vivergo will be reconvening the same work on the bio fuels project.  For construction workers nationwide this poses the fact that TUPE is being undermined by 'a gap in time' of resuming the bio fuel project and it is this point that now faces all construction workers at present or in the future. Put plainly the lockout can be re-construed as the blacking of construction workers on mass.

Defend the NAECI Agreement �don�t let the Bosses rip up the NAECI Agreement - spread the word - send a delegation down from your site to the mass protest - help build the campaign for a national walk out! If this employer is allowed to lock-out 400 workers then your site could be next -

DOWN TOOLS IN SOLIDARITY!!