[Muanet] Information on the motion over the jailing of Craig Johnston passed at NTEU National Council

[Chris Latham]

Hi all

I am passing on to list members some background information relating to the resolution of concern over the jailing of Craig Johnston, the former secretary of the Victorian branch of the Australian Manufacturing Workers Union, and in support of the campaign to free him which was passed at the last NTEU National Council meeting. 
 
Background 
On August 27, the Appeals Court overturned the decision of the County Court and sentenced Craig Johnston to two years nine months jail with a nine months to be served immediately, for his part in the damage caused to the offices of Johnson Tiles and Skilled Engineering during protests over the sacking of 30 permanent workers and their replacement by labour hire workers provided by Skilled. Although more than 40 AMWU members and officials were involved in the action, only 18 people were charged, and of these all bar Johnston received good behavior bonds. 
 
The Appeals Court Judges made it clear in their ruling that Johnston was being for his political beliefs, particularly for his commitment to workers rights as a union leader. 
 
The appeals court judges said: 
``Although his [Johnston’s County Court] conviction for these offences makes him ineligible to hold any statutory office in a union, it does not prevent him from being a shop steward, or generally form participating in any industrial dispute. (It seems now that he is no longer a member of the AMWU but that does not prevent him from joining another union and certainly does not prevent him from taking part in industrial agitation). 
 
``Reliance [in the original county court sentence] was placed on the fact that he had not been in trouble for the three year since the offences took place but, although that is to be commended, it would not inhibit him in the years ahead from participating in industrial action which might get out of hand.’’
 
This statement makes it clear that the court wanted Johnston to be prevented from leading any industrial dispute and is an implied threat against all militant unionists.
 
The appeals court judges also argued that Gullaci [the county court judge] placed “too much significance” on “the various factors which may be said to have demonstrated his good behaviour and concern for others in the past”. The factors they were referring to are Johnston's years of struggle for working-class people, his union activities, his support for democratic and human-rights campaigns, and his mammoth fundraising efforts for injured workers and their families. 
 
The appeals court decided to penalise Johnston for his working-class views and actions. The judges argued that because Johnston was “committed to his views”, the “evidence ... pointed strongly to the possibility that he might in future be engaged in similar industrial disputes which might get out of hand...”   
 
Craig's Jailing sets an extremely bad precedent in Australia of jailing unionists, particularly union leaders, by using criminal proceedings to address matters arising from industrial activity. This is particularly the case with the Coalition government set to reintroduce the raft of industrial "reforms" that it failed to get through the senate in previous parliaments such as exempting small business from unfair dismissal, banning pattern bargaining, tying university funding to staff accepting AWAs.
 
There is currently a campaign, centered in Victoria, to free Craig Johnston. Central to the campaign is demonstrating the broad public opposition to the jailing of a unionist. To help with this I think it would it would be good if the Murdoch branch endorsed the motion. As individuals we can sign the petition calling for Craig's release which will be presented to the Bracks' government as part of stop work rallies in Melbourne on November 25. 
 
http://www.socialist-alliance.org//resources/Johnstonpetition_tobracks.pdf 
 
Or ad our name to the Trade union leader jailed for defending workers sign on statement 
http://www.socialist-alliance.org/page.php?page=319 
  
For further information on the case you obtain a fact sheet at: 
http://www.socialist-alliance.org//resources/craig_factsheet.pdf 
 
or visit the Free Craig Johnston website at: 
http://ericyeo.homeip.net/defendcraig/ 
 
Or alternatively you can contact me offlist. 
 
I will have copies of the petition at the AGM on Wednesday if anyone is interested in signing it there. 
 
Chris Latham 
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