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Exclusive: Graham fails to testify in Ogle discrimination case – subpoena to follow

Published by Anonymous (not verified) on Thu, 18/04/2024 - 8:07am in

Failure to obey a tribunal summons is a prosecutable offence under Irish law

Unite general secretary Sharon Graham has failed to respond to a court request to give evidence in Brendan Ogle’s discrimination case against the union she leads – and now faces a subpoena, or legal summons, to compel her to attend, for which she could be prosecuted if she fails to comply.

Skwawkbox has covered the discrimination case extensively – Ogle is also suing Unite, Graham and her sidekick Tony Woodhouse over defamatory comments made about him by Graham and Woodhouse in an apparent attempt to discredit Ogle and his discrimination case.

Despite attempts by Unite’s hugely expensive legal team, in an apparent demonstration of their eagerness to keep Graham from having to give sworn testimony, to argue that she was not relevant to the case because she is the UK general secretary and other witnesses would do instead, Workplace Relations Commission (WRC) Adjudicator Elizabeth Spelman has responded to Graham’s failure to respond by inviting Ogle and his lawyers to apply for a binding subpoena to compel Graham to attend and give evidence under oath – which Ogle’s barrister Mary-Paula Guinness has already confirmed in an earlier hearing that she will do.

Ogle’s legal team has until 22 April to file its application and Unite’s lawyers have another week to respond and a hearing of the arguments will take place 7 May.

The Unite argument that she is not relevant falls apart under scrutiny, as she has featured heavily in others’ testimony during the case so far, including her allegedly telling Irish officials to inform Ogle that there was no place for him. Unite barrister Mark Harty has also said that Graham may not be ‘amenable’ to subpoena, as if a legal summons is a matter of whether one feels like being summoned.

Ogle is claiming that Unite discriminated against him by sidelining him on his return from cancer treatment – and that he was told that Graham ‘recognises loyalty’ from those who supported her in Unite’s 2021 general secretary election. Ogle, like many Irish figures and branches, supported Graham’s rival, Howard Beckett.

In last week’s sessions of the hearing, Irish Unite stalwart James ‘Junior’ Coss gave evidence corroborating Ogle’s account of sitting through the creation of a whiteboard chart about how the union would be organised after his removal, to the evident ire of the aggressive Harty, whose approach in the preceding session in February led to several ‘sidebars’ with Spelman and Ogle’s outraged barrister.

John Douglas, former general secretary of Irish retail union Mandate, also gave evidence in support of Ogle’s case, to a similar reaction from Harty.

Sharon Graham has previously cancelled appearances in the Republic, avoiding members’ anger and scrutiny over the union’s ‘disgraceful’ treatment of Brendan Ogle. The situation caused such outrage in Ireland that union members picketed Graham’s long-delayed visit to Dublin, Unite’s Community section condemned it as ‘disgusting’ and a whole sector branch threatened to disaffiliate. She did, however, briefly speak at Unite’s Irish policy conference this week, although she did not attend the union dinner with delegates.

Skwawkbox wrote to Unite to ask for comment on the issue:

Ms Graham failed to attend the Brendan Ogle hearing in Dublin by last Friday’s deadline, despite being asked to attend and testify. The Workplace Relations Commission has now invited Ogle and his lawyers to apply for a subpoena.

Please advise, no later than 5pm:

  1. Why didn’t she attend to give evidence?
  2. Does she and Unite intend to contest the subpoena request?
  3. If a subpoena is issued, non-compliance is a criminal offence under Irish law. Will she comply?

    At the time of writing, almost six hours after the reply deadline, Unite had not provided any response. Failure to obey a subpoena in employment cases is a prosecutable criminal offence under Ireland’s ‘Employment (Miscellaneous Provisions) Act 2018‘, with with penalties including prison sentences and large fines.

    Sharon Graham’s tenure as Unite boss has also been marked by a string of other allegations – which neither she nor the union has denied – including destruction of evidence against her husband in threat, misogyny and bullying complaints brought by union employees. She is also embroiled in a defamation lawsuit brought by Irish union legend Brendan Ogle for the union’s treatment of him and comments made about him by Graham and her close ally Tony Woodhouse.

    She has also been alleged by insiders to have:

    Her supporters also prevented debate and votes on Gaza at a meeting of the union’s elected executive last month.

    If you wish to republish this post for non-commercial use, you are welcome to do so – see here for more.

    Exclusive: Unite bans anti-racist documentary – after first offering to support

    ‘Resistance Street’ film premieres in London this week – but not in Unite buildings, against the wishes of Unite officers and reps

    The Unite union has continued its trend under general secretary Sharon Graham of banning left-wing films and books by blocking showings on its premises of a new documentary by Richard David – despite its equalities directors first offering maximum help.

    ‘On Resistance Street’ trailer

    The film was shot over a two year period in England, Belfast and New York and features renowned musicians, bands, writers and commentators looking at the role music plays in the fight against Fascism and racism. Siobhan Endean, Unite’s equalities director, initially responded to David’s approach:

    Thank you for your email that you sent to our Executive Council. My role is working in the field of equalities within unite and I would be very keen to help you as much as I can. You asked for an email address for our general secretary it is [redacted]  I would also be very grateful if you could share a link to your film, and I will see what can be done to support the film.

    However, within a short time this willingness to help was withdrawn, prompting the film’s creators to write directly to Sharon Graham:

    Dear Sharon,
    I am writing to you as the writer-director of the new British feature-length documentary ‘ON RESISTANCE STREET’, which received its sold-out international premiere in Belfast, at the Queen’s Film Theatre on October 19th 2023.

    The film was a two year independent production, shot in England, Belfast and New York. It is an in-depth examination of the role which music has played historically in the fight against Fascism, racism, bigotry and Right Wing ideology.

    As such it contains contributions from a wide array of musicians, Trade Union leaders, activists, authors, historians and commentators. These include members of The Sex Pistols, Steel Pulse, Aswad, Stiff Little Fingers, The Levellers, The Men They Couldn’t Hang, The Defects and The Outcasts. There are also contributions from contemporary British artists such as the East London based Grime Star Lady Shocker, who performs individually but is also a founder member of the
    ground-breaking ‘Female All-stars’ Grime collective.

    Other contributors include: Matt Wrack FBU Leader, Weyman Bennett, national co-ordinator of ‘Stand Up to Racism’, Chris Salewicz, biographer of Joe Strummer and Bob Marley, Anti-Fascist author and historian Rick Blackman, feminist historian and author Louise Raw, Clash ‘Rude Boy’ movie star Ray Gange, leading female Black Lives Matter activist Chantelle Lunt, Terri Hooley, founder of ‘Good Vibrations Records in Belfast, Mexico City Trade Union leader Fernando Luna, New York State Union organiser Dan Gniewekei and others.

    The film also shows as to how a new Trade Union, was created in Mexico City, with between 3-400 members, this after a year of online video call consultations, between British, American and Mexican members of an online Clash fans group named ‘Clash Fans Against The Right’. The members involved were full-time Union officers in their own countries. That group was founded by myself and Robin Banks, in direct response to Boris Johnson’s ludicrous and deeply cynical claim that The Clash were one of his ”Two favourite bands”, that obscene announcement contained inside an official Conservative Party political broadcast in November 2019.

    That social media group has since evolved into a real life Anti-Racism organisation named ‘Resistance Street’, which has staged live music events in London, Liverpool, New York and Belfast over the last two years. These events also featured many political speakers including Trade Union leaders like Matt Wrack. In its third section, ‘On Resistance Street’ traces that evolution and shows how social media can be harnessed and utilised powerfully on behalf of the Left, when people pool their intellectual and creative strengths.

    The film was produced by myself and Robin, the lifelong friend of The Clash’s Mick Jones, who was immortalised in the band’s song ”Stay Free”. A song written by Mick himself and about their friendship. Robin and I were both friends of the late Joe Strummer, whose lyrics and quotes appear at various stages of the film.

    This letter is sent in direct conjunction with a recent proposal which originated via friends of mine who are Unite Officers and Shop Stewards in Southampton, the city in which UK production was based. This followed another sold-out Southern regional premiere screening at Solent University Film Theatre on November 17th. The proposal was that there would be a special screening of the film for Unite members, Anti-Racism activists and other members of Trade Unions at the Unite-The Union HQ in Southampton.

    I have personally attended previous Anti-Racism documentary screenings at the HQ, which were well supported and successfully received, audience-wise. Secondly, it was proposed that following that initial event, this could act as springboard for a series of special screenings in Unite HQ’s across the country.

    Both Robin and myself were only too delighted at this proposal, given it had always been our hope that special political screenings could materialise via agreements with Trade Unions.

    Many people who have seen ORS, have commented on its in-depth educational value. The film not only chronicles music’s role in this battle as stated, but charts the entire drift towards the political Right in America, Europe and Britain, as we confront the present. As such, the ascendancy of Trump, the Brexit campaign and the British and European Far Right are all documented, with emphasis on the now alarming authoritarian stances of the current Conservative government in Britain.

    We emphasise that given our own political convictions formed over a lifetime, we were absolutely perfectly happy to see this screening and the proposed series across the country, take place with us making not a single PENNY of profit from it all.

    We have now been informed that this proposal is not possible, in direct relation to a relatively recent motion passed by the Unite-The Union National Executive.

    As you are well aware, that motion has forbidden the screening of any documentary films in Unite-The Union buildings, unless they are specifically to do with working conditions, wage disputes and industrial relations.

    The officers and Shop Stewards concerned were truly shocked by this motion. So are we. Firstly, such films are few and far between and are only likely to be made if they were commissioned by Unions individually or the TUC.

    Secondly and more importantly, this decision was taken without consultation of your regional political education officers, general membership or indeed the Unite-The Union Community section. As such, we believe this amounts to a Stalinist-style decision and one which stands directly at odds with the overall principles and history of Anti-Fascism and Anti-Racism in Britain.

    It is a decision which consequently denies workers/members the opportunity to watch a film like this inside a recognised Union environment. It is a decision which raises serious questions concerning your Union’s commitment to Anti-Racism in general and which constitutes a gross act of cultural censorship.

    Working class cultural activism and creativity should be an absolutely integral part of any genuine political education programmes. Particularly when it is based inside energies challenging racism in Britain.

    The Shop Stewards and officers all voiced that belief and it is one we share and endorse completely. We are of course aware of the furore caused via screenings or potential screenings of the Jeremy Corbyn film ‘The Big Lie’.

    We shall not comment further on that, other than to say until we hear differently, we have to assume that this motion was passed as a knee-jerk, supposedly politically expedient reaction, to all that. If you are of the view that there are other bona-fide reasons behind the motion, we would very much like to hear what they are.

    In light of all this, we are now requesting the following:

    • That your National Executive convenes to formally re-assess this decision.
    • That in doing so, the Executive democratically consults fully with your regional political education officers and only reaches a final decision after such consultations.

    If this does not happen, we believe it makes an utter mockery of their supposed role and programmes. We also believe strongly that there should be further extended consultations with appropriate representatives of Unite The Union-In The Community, this also on a regional basis.

    It is our conviction that the current decision cuts right to the heart of supposed ‘democracy’, as related to fundamental ethics and principles of Trade Unionism within ‘Unite-The Union’. We believe this decision should be reversed. We believe that these matters will attract widespread attention and public interest within the public domain. With that in mind, we request a formal response from yourself at the earliest possible point.

    In Solidarity.
    Richard David
    Robin Banks

    The pair received a response from Sarah Carpenter, Unite’s newly-promoted (without proper process, according to union insiders) ‘Executive head of operations’. The reply, while anodyne in its language, confirmed that Unite has no intention of reversing its ban – and did not address any of the makers’ concerns about the political motivations behind it:

    Dear Richard and Robin,

    Thank you for your letter which you sent to the General Secretary on 18 December. The GS is currently involved in industrial disputes and has asked me to respond.

    Your letter rightly refers to a decision made by the union’s Executive Committee (made up of lay members, elected democratically by and from the wider membership), which was debated and agreed by them at their meeting in September 2023. This decision was ‘That Unite should not use its premises or resources to show or promote any external films or other content that does not relate to our industrial agenda to support the pay, terms and conditions of our members and/or support existing Unite policies. In this context the Union should be especially careful to avoid appearing to endorse any material which causes unnecessary offence to members.’

    This would mean that we cannot show any films unless there is a clear link to our industrial agenda. The film you have produced looks fascinating and I am pleased to see that you have found venues where this can be shown. However, from the information you have sent I do not see that there is a link to our industrial agenda, and so we are not able to use Unite premises or resources to show or promote this film.

    Carpenter has been accused, acting on Sharon Graham’s behalf, of threatening a soon-to-retire regional official with the loss of his pension bonus if he did not cool his support for the people of Palestine against Israel’s genocide – and of cancelling showings and readings of films and books showing the pro-Israel lobby’s sabotage of Jeremy Corbyn’s leadership of the Labour party and exposing abuse by Starmer’s Labour toward left-wing party members.

    Sharon Graham has been alleged by Unite insiders to have:

    Her supporters also prevented debate and votes on Gaza at a March meeting of the union’s elected executive.

    Apart from the issue of Gaza, her tenure as Unite boss has also been marked by a string of other allegations – which neither she nor the union has denied – including destruction of evidence against her husband in threat, misogyny and bullying complaints brought by union employees. She is also embroiled in both an employment tribunal for discrimination and a defamation lawsuit brought by Irish union legend Brendan Ogle for the union’s treatment of him and comments made about him by Graham and her close ally Tony Woodhouse.

    ‘On Resistance Street’ will receive its London premiere at The Gate Picturehouse Cinema in Notting Hill on
    Wednesday April 17th. That will be followed by a short theatrical run across Britain. The film will then feature in a wide number of national and international Film festivals.

    If you wish to republish this post for non-commercial use, you are welcome to do so – see here for more.

    Unite 4 Gaza slams Graham’s ‘extraordinary’ attack on anti-genocide campaigners

    Published by Anonymous (not verified) on Wed, 03/04/2024 - 7:54am in

    Letter from ‘war monger’ attempting to justify her conduct and silence continues to backfire as anti-genocide group condemns betrayal of Palestinian civilians and of workers and movement

    Unite members who have formed a group to campaign against Israel’s genocide in Gaza have written a response to the union’s general secretary Sharon Graham’s letter last week attempting to justify her lack of action to support Palestinians:

    Response to the Statement by Sharon Graham on Palestine

    On 26 March Sharon Graham, the General Secretary of Unite, and Andy Green, Chair of the Executive, issued an extraordinary statement attacking Palestine solidarity supporters. In particular it attempted to justify the leadership’s refusal to give any support to the Palestinians or Unite members campaigning to end Israel’s genocide in Gaza.

    When Israel launched its attack on Gaza Unite issued a statement on 16 October which ‘unreservedly’ condemned and expressed its ‘revulsion’ over Israeli deaths on October 7 whilst merely ‘deploring’ the mass murder of women and children in Gaza.

    It was only after concerted protests by Unite activists that after 4 weeks Unite issued a second statement on 3 November calling for an ‘immediate unconditional ceasefire by all parties in Israel and Gaza.’ There was no mention of Israel’s genocidal attack on Gaza.

    Since then there has been radio silence. There has been no publicity about the national demonstrations and no support for members wanting to take solidarity action. Despite repeated protests and petitions by members Sharon Graham has failed to attend or speak at the national demonstrations. Graham even tried to persuade Peter Kavanagh of London & Eastern Region not to speak.

    Unite did absolutely nothing until a letter was sent on 25 March to the Palestinian trade union PGFTU, whose offices in Gaza had been bombed more than two weeks previously on 7 March. The timing of this letter was no coincidence. It was sent one day before her statement.

    The letter offered nothing but empty words. Graham and Green are explicit in their opposition to an arms embargo on Israel or persuading workers to refuse to handle arms intended for genocide.

    Graham’s letter referred to Unite’s ‘longstanding policy’ but fails to mention that Unite policy includes ‘full support for Boycott, Divestment and Sanctions’. This policy does not even appear on Unite’s website. For that you have to go to the United Left site.

    Graham boasts that ‘Unite was the first major union to publicly and unambiguously call for a permanent ceasefire in Gaza.’ This is not true. UNISON called for an immediate ceasefire on 26 October and on 18 October condemned Israel’s attack on the Al Ahli hospital killing nearly 500 people.

    Graham has remained silent about the attacks on Gaza’s hospitals, ambulances and health care system and now its execution of children at Al Shifa Hospital.

    The remainder of Sharon Graham’s letter represents a disgraceful defence of the arms industry and an attack on those who seek to ‘to undermine the defence industry or demand the disbandment of NATO and AUKUS.’ It is an industry whose purpose includes enabling genocide in Gaza and a possible nuclear war with China and Russia.

    Sharon Graham has openly come out as a war monger who hides her aims behind the need to preserve jobs at any cost. We reject the argument that Unite must support war because our members’ jobs depend on it. A society where an increasing proportion of national wealth is geared to the manufacture of armaments is to the detriment of all our members.

    When imperialism wages war it is workers who lose their lives. Yes there is a contradiction between representing members in the war industry and opposing imperialist wars. That is why we support the diversification of arms production into making useful goods that benefit humanity.

    The idea that we must defend every job, even when it involves the murder of thousands of children is one we reject. Trade unions have historically fought for peace not war, against fascism, imperialism and racism.

    Sharon Graham spits on the memory of the Rolls Royce workers in East Kilbride who, in 1973, refused to work on the engines of Chilean aircraft which had taken an active part in Pinochet’s fascist coup. A strong trade union organisation ensured that the Chilean airforce was all but grounded. Eventually it fell to Israel and South Africa to service these aircraft.

    International solidarity is in the interests of all workers. Without solidarity the capitalist class can play divide and rule. Rather than building solidarity across national borders Sharon Graham prefers to play the role of a British nationalist wedded to Zionism.

    Arms production is highly capital intensive. Britain’s ‘defence’ budget has steadily increased at the same time as cuts to the NHS and social services budgets. UNITE also has workers in the NHS, local government and social services. Unite members also use the NHS and are being forced to wait longer for treatment because of the cuts that enable increased military expenditure.

    UNITE and its predecessor unions have a proud tradition of international solidarity. Former General Secretary of the TGWU, Jack Jones, fought in Spain against the fascists. At the time of Apartheid in South Africa we supported the struggle for liberation. An injury to one is an injury to all. We live in a society in which war is in the interests of capitalism not the working class.

    Sharon Graham’s statement is an open declaration of war against those who support BDS and the liberation of the Palestinian people. The liberation of the Palestinians from Israeli Apartheid and an end to imperialist war is in the interests of all members of Unite.

    Sharon Graham asserts that we are a trade union not a political party. Trade unions have historically recognised that strikes alone are not enough. We cannot achieve our economic aims without a political struggle for socialism. The NHS would never have been created if Graham’s miserable, short-sighted, dog eat dog vision had been adopted.

    Today the Labour Party has abandoned the working class and embraced the neo-liberal advocates of free market capitalism. About this Graham has nothing to say.

    Implicit in Graham’s statement is a threat to the affiliation to Stop the War Coalition and Palestine Solidarity Campaign. Already the affiliation to StWC has been suspended.

    We call on Unite to break from Keir Starmer’s support for genocide, his embrace of NATO and neo-liberal economics and to fight for a socialist society which is free from the fear of war. We salute those who have campaigned to close Israel’s arms factories in Britain and we particularly welcome the closure of Elbit’s factory in Tamworth as a result of Palestine Action’s campaign.

    See also Labour CND statement: why Unite the Union is wrong to attack groups picketing weapons manufacturing companies.

    Unite 4 Palestine
    1st April 2024

    Unite was contacted for comment and given a copy of the statement, but did not respond.

    In addition to the issues raised by Unite 4 Gaza, Sharon Graham has been alleged by insiders to have:

    Her supporters also prevented debate and votes on Gaza at a meeting of the union’s elected executive earlier this month.

    According to human rights group Euro Med Monitor, since 7 October last year Israel has killed over 40,000 Palestinians in Gaza and wounded more than double that number, overwhelmingly women and children and many of them with life-changing injuries, while Gaza’s health and school systems have been bombed into collapse, often using US- and UK-made weapons and systems. More than a million people have been forcibly displaced and Gaza is in famine because of Israel’s blockade of food and vital supplies. Israel is formally on trial for genocide before the International Court of Justice and ordered to stop its slaughter – and has been found by UN human rights investigators to be committing genocide.

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    Excl: new Unite chief of staff ‘threatens London sec with loss of pension bonus’ for Gaza support

    Published by Anonymous (not verified) on Fri, 08/03/2024 - 12:53am in

    No denial from new official appointed by Graham without exec interview

    Unite’s new ‘chief of staff’ has been accused by party insiders in London of threatening the union’s London regional secretary with the loss of a discretionary pension bonus if he did not pull back from his support for Palestinians in Gaza against Israel’s genocide.

    Sarah Carpenter – who sources say was appointed by general secretary Sharon Graham without the position being advertised and without the approval of Unite’s elected executive, to their and members’ fury – has been accused of making the threat to regional secretary Peter Kavanagh.

    Ms Carpenter,

    According to Unite sources, you threatened Pete Kavanagh with the loss of his pension bonus if he didn’t back off from his support of Gaza… The sources say that you did this at the behest of Sharon Graham.

    If you have any comment or denial to make in respect of this, please provide it no later than 2pm, Weds 6 March. They also say that the position you now hold was not advertised for applications. Is this correct?

    Twenty-two hours after the press deadline, no response has been received.

    Sarah Carpenter was accused last year – as Southern regional secretary – by members of banning showings of the film ‘Oh Jeremy Corbyn/The Big Lie’, which exposes the sabotage of Corbyn’s Labour by the party’s hard right and the use of antisemitism smears as part of the sabotage campaign. Pro-Israel lobby group CAA claimed credit for her decision and Sharon Graham’s wider move to ban showings of the film and readings of Asa Winstanley’s book ‘Weaponising Antisemitism/How the Israel Lobby Brought Down Jeremy Corbyn’.

    As well as the ban of the book and film from all Unite buildings, Graham was accused of trying to force the cancellation of a pro-Palestine fringe meeting at Labour’s conference last October. The bid failed when the event’s organiser, international director Simon Dubbins, told Graham’s proxies that she’d have to come and tell him herself if she wanted the event off. Unite has now placed Dubbins under investigation.

    Graham has also been condemned by Unite members for her public silence over the Gaza slaughter. Members are planning to picket the union executive’s next meeting, which takes place next week.

    One Unite source told Skwawkbox of the anger of elected executive members over the latest move:

    Pete Kavanagh the Regional Secretary was called up and threatened by Sharon’s new hatchet woman Sarah Carpenter that he backs off supporting Palestine or they would take away his retirement bonus. Pete is due to retire and apparently there is some leavers bonus that is discretionary.

    The chief of staff post was not advertised nor was the job interviewed by Executive council. Members are furious.

    Unite operates ‘discretionary enhanced pension’ scheme that allows staff to retire five years early without losing pension entitlement they would have had if they worked until full retirement age. A proposal was floated by Graham in 2022 to end this scheme and force staff to work until sixty-five for their full pension and consulted on the change in early 2023, but this does not appear to have been enacted, at least yet, and entitlement under this scheme seems to be what was referred to in the alleged threat.

    Kavanagh retired last month.

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