GMB to ballot over pub Brulines switch-off
The GMB is to ballot its tied tenant members on whether to to switch off Brulines systems in a bid to force pubcos to the negotiating table over beer prices and rent levels.
The GMB, which currently has just over 3,000 pub tenant members, said the "gloves were now off" and the "time was right for direct action".
As a first step, the GMB is to ballot its members over whether they are for or against industrial action and what form that should take.
The union believes that any member taking part in industrial action has legal immunity for 12 weeks under trade union legislation, as long as a majority vote in favour of the action.
"My preferred first action would be to switch off Brulines," said national officer Paul Maloney. "If the pubcos don't come and talk about lowering prices by 25-30p a pint, then the next stage would be to buy out (of tie).
"The very final act would be a rent strike. That would be the last resort."
Concerns have been raised over the legality and consequences of any industrial action.
David Morgan of Cookseys DMP, and a Fair Pint founding member, cautioned that although the GMB is probably technically correct in its advice, the pubco/lessee relationship is clearly set out in the lease contract.
"If you decide to withhold rent, you have just as technically broken the lease contract and the pubco will be within their contractual rights to seek lease forfeiture.
"I do not see them taking the soft line on this one.
"Even if the breach is remedied, i.e. the rent is eventually paid back, there is a strong chance that the pubco will place the weekly beer order on stop.
"This could then force the lessee into buying out of tie. Then the pubco could attempt to mount a case for forfeiture, probably claiming persistent breach of lease clauses.
"The judge may find sympathy if the pubco has a forceful barrister pleading their case.
"My concern is that the lessee could still be unable to afford equally strong individual legal representation and/or be stuck with costs to themselves or even the pubco, running into many thousands of pounds."
However, Maloney added that the GMB would stand squarely behind any of its tenant members if cases went to court. "If anyone wants to take us on, then they will suffer the wrath of the GMB. The time for niceties is over."
