RMT Branch Secretary Cleared Of Picket Line Intimidation

Not Guilty: Mark Harding

A London Underground tube driver, who was picketing Hammersmith station during RMT industrial action, was cleared today of  intimidating a strike-breaking trainee manager who claimed he was branded a "scab".

RMT official Mark Andrew Harding, 51, of Gomm Road, Rotherhithe was standing outside the station with two fellow strikers at 5.47am on February 6 when graduate trainee Gareth Robert Scott, 25, crossed the picket line.

Prosecutor Mr. Sam Roarke told City of London Magistrates Court: "The Crown's case is that Mr. Harding used intimidation to compel Mr. Scott not to do his job."

The prosecution, brought under the Trade Union and Labour Relations Act, was an important one for the RMT and the conviction of branch secretary Harding would have been very damaging.

Union activists saw the prosecution as politically-motivated and it became something of a cause celebre for the movement, with union leaders, plus 15 MP's issuing a statement calling for the end of "anti-union laws."

Mr. Scott told the courtroom, which was packed with RMT supporters: "One gentleman approached me, made a beeline for me. 

"As I approached the station he came very close to me at a fast walking pace.

"At one point he was approximately five inches from my face, he was very close.

"When he got up close to me he shouted at me: 'Can you respect the picket line?'

"I avoided the gentleman and made my way towards the gates and he started shouting that I was a scab.

"He was shouting: 'You are a scab. What happens when your job is on the line?'

Strike Breaker: Gareth Scott

"I felt really shaken and frightened. i was concerned about what he was going to do. I was concerned he would follow me into the station.

"I was working as an incident station supervisor to cover the strikes. I was told to cover the shift as there was no supervisor that day."

The industrial action caused travel chaos across the capital for thousands of commuters and was brought in response to plans to cut the numbers of station staff.

Mr. Scott, who has since abandoned his career with the London Underground called the British Transport Police (BTP) from the station office.

"I was really worried about having to work there that day and be subject to abuse and similar taunts.

"When I got home I got really worried about what would happen next."

Mr. Scott entered counselling as a result and says the incident played a part when weighing up wether to stay with London Underground.

"It was an invasion of my personal space," he explained. "I have not experienced anything as confrontational as that on the Underground.

"I expected to be able to attend work without being called names."

He denied that as an up and coming manager he was "point scoring" against the union to impress his bosses.

Harding admits he challenged Mr. Scott, but simply said: "I'm asking you to show solidarity and not cross the picket line."

He did not give evidence, but was backed by fellow RMT striker Sean McKenzie, who was on the phone with the defendant while picketing King's Cross Station during the incident.

"I could hear him trying to convince someone not to go into Hammersmith Station. He was quite calm and respectful."

When asked if he heard Harding shouting or calling anybody a 'scab' Mr. Mckenzie replied: "I'm quite shocked and relatively appalled by the suggestion.

"He did not shout, he was calm, he did not use the word 'scab' or any other derogatory term."

Harding was picketing Hammersmith Underground Station with his brother Jim and customer services assistant Steve Hardwick, who told the court: "There was no shouting at all, that's the truth.

"He wasn't called a 'scab' at all."

Harding pleaded not guilty to intimidation during a trade dispute, namely used, without legal authority, violence or intimidation towards Mr. Scott.