Now -read the book!

Here is a link to my memoirs which, if you are a glutton for punishment, you can purchase online at https://www.kobo.com/gb/en/ebook/an-obscure-footnote-in-trade-union-history.
Men fight and lose the battle, and the thing that they fought for comes about in spite of their defeat, and when it comes turns out not to be what they meant, and other men have to fight for what they meant under another name. (William Morris - A Dream of John Ball)

Wednesday, April 18, 2012

Stop Press: Eric Pickles didn't eat my pension! Or did he?

It seems I was wrong when I said that Eric Pickles was sitting on a secret pensions deal (http://www.jonrogers1963.blogspot.co.uk/2012/04/eric-pickles-ate-my-pension.html?m=1). Or was I?

At today's otherwise uneventful Annual General Meeting of the UNISON Greater London Region Local Government Committee, our National Head of Local Government assured us that Eric Pickles did not know the details of the deal cooked up between negotiators from the local government unions and employers, and sent to DCLG and the Treasury on 13 February.

This was in the context of a defence of the refusal of our negotiators to tell even our elected Service Group Executive (SGE) what it is that they and the employers have sent off to civil servants for approval (somehow, it would appear, without involving the relevant Secretary of State...)

There are, we were told, three reasons for this doubtful practice. The first reason is that you have to "weigh all the elements" of a deal as complex as one about pensions - and that too transparent a process of negotiation would (presumably) therefore have led to a disruptive cacophony of comment on this or that element of the proposed deal.

I'm not convinced.

Pensions are not nearly as complicated as those who make a living out of them would have you believe. Given a set "financial envelope" and consistent information about the demography and future employment prospects of current and future pension scheme members then you clearly do have to "weigh all the elements" - since it is fruitless to suppose that you can vary what you pay in (contribution rates) without an impact on what you get out (in a final salary scheme, as supported by Service Group Conference Policy, the accrual rate - or, in a career average scheme, as supported by the majority of the Service Group Executive in breach of Conference Policy, both the accrual and revaluation rates). This isn't so complex that it can't readily be understood by very many of our members, and explained to many more.

Particularly if our negotiators are aiming to sell us a career average scheme at some point, then there is a trade off between accrual and revaluation rates in particular on which there ought certainly to have been transparent consultation before now. There is an obvious and significant equality impact arising from how you strike a balance between accrual and revaluation rates and we ought to have been engaged in a discussion about this months ago.

At any event, as a justification for maintaining the secrecy of a proposed deal more than two months after the deal was struck and sent off to the Government, I think this argument is about as convincing as Nick Clegg's justification for supporting tuition fees. The union and employer side negotiators have, presumably, "weighed all the elements" and arrived at a conclusion. The argument that it is necessary to "weigh all the elements" can now, of itself, carry little weight as a justification for continued secrecy.

The second argument for the "hush hush" "Careless Talk Costs Pensions" approach which continues to be adopted is, apparently, that sensible people in the ranks of the Local Government Association (our employers) have wanted to keep details of any deal well away from the worst of the "Tory hawks" for as long as those "hawks" might be able to scupper a deal. It was in response to my comments on this justification that I was put right on my foolish assumption that civil servants in the Department for Communities and Local Government might possibly, since 13 February, have shared with their Secretary of State what is going on. I was told plainly that Eric Pickles doesn't know all the details.

Whilst I hesitate (as ever) to question conclusions drawn by UNISON's "world class" negotiators, I fear I do find it just the tiniest bit implausible that the Secretary of State for Communities and Local Government isn't being briefed on the details of discussions which will lead to legislation which he will have to steer through Parliament. Following from that, I think it unlikely that someone who was, in his time, one of the most ferocious (if least aerodynamic) of "Tory local government hawks" would maintain a vow of silence in dealings with those following in his (rightward-leading) footsteps on a matter so dear to their hearts (or to whatever it is they have instead of hearts).

I am not at all persuaded that a desire, however laudable, to keep information out of the hands of the Tory right wing can possibly justify continued secrecy about proposals sent on 13 February to the, er, Tory right wing.

The third reason offered to us today to explain why those of us who are merely members of the Local Government Pension Scheme (LGPS) ought not to know the details of proposals accepted and/or made on our behalf (by those who are, by and large, in other schemes) is, we were told, that both the unions and the LGA wanted to keep the DCLG and the Treasury out of the negotiations as far as possible. This is of a piece with our (perfectly reasonable) wish to have more control over our own money.

Indeed, such is the excitement with which some in our union can discuss pension fund governance issues that I confidently predict that, in any ballot, much will be made of an optimistic reading of where the "Principles of Agreement" between the unions and the LGA may lead in this regard ("You may have to work longer and pay more to get less but at least you'll be able to vote for someone who can be easily outvoted when decisions are made about where to invest the fund into which you will pay more in order to receive less, later...")

Returning to the point which was supposed to have been made by reference to this argument, it is a pretty poor justification for secrecy of pension proposals from LGPS members to say that we wish thereby to exclude DCLG and the Treasury from knowledge of those details, when this justification is advanced more than two months after we have submitted those same details to DCLG and the Treasury.

Regular readers of this blog (Sid and Doris Tired-old-Cynic) will have realised where I am going with these three points. There simply is no plausible justification for concealing the details of what was sent to the Government on 13 February from those of us whose pensions are on the line.

The only way in which this disgraceful practice - with which, to be fair, our Head of Local Government said she was "uncomfortable" - would make sense would be if the intention of rationing information was to disarm and immobilise those who might campaign against a national recommendation to accept a deal, no matter how dire (or to "accept that this is the best that can be achieved by negotiation" - the coward's version of capitulation).

Perhaps the scariest thing I heard today, from our guest speaker at our AGM, was that, if the Government did not endorse the proposals sent to them on 13 February then we (that is to say, our negotiators) might have to "shave bits off" other aspects of the scheme.

No.

If the Government don't accept the "deal" put to them on 13 February (or even if they do) then the trade unions must publish the details immediately.

Let the members decide.

Not in a stage managed national ballot engineered to deliver acceptance without forcing the union to make an honest recommendation.

Rather, let the members decide through our elected Conference delegates in June making a considered recommendation to our hundreds of thousands of members in the Local Government Service Group. Surely other Service Groups must also be afforded the same opportunity, with special Conferences requisitioned as necessary.

After fabulous recruitment figures in the run up to 30 November, UNISON's membership growth has tailed right off. If we want to get that back on track we need both to be fighting still for decent pensions and reporting transparently to all our members about what we do.

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The challenge to UNISON on 10th May

Yesterday's decision by the National Executive of our sister union, PCS, to take national strike action on Thursday 10 May as part of the continuing fight to defend public service pensions (http://www.pcs.org.uk/en/news_and_events/pcs_comment/index.cfm/id/4DB0DD2F-138E-4034-869BEDC2C599FD37) is most welcome.

This follows the decision of UNITE's National Sector Committee for Health also to call national action on that date (http://www.unitetheunion.org/news__events/latest_news/health_workers_to_step_up_pens.aspx) and is likely to lead to similar decisions from other unions.

Both PCS members and UNITE members (in health) have returned 90% votes to reject the Government's "final offer" on pensions which, in all the unfunded schemes, simply amounted to a repackaging of the proposals made and rejected on 2 November. Key to the position of both unions has been the confidence of the lay leadership, supported by their officials, to offer members an honest assessment and a clear recommendation.

Where lay activists call the shots, union organisation is, as it should be, a means to the end of protecting and promoting workers' interests. The interests of the organisation are subordinate to those of its members.

I'm not looking at either PCS or UNITE through rose-tinted spectacles, nor would I want to be a cheerleader for either union (in particular, I think that the current apparent trajectory towards a merger which would have very little industrial logic is mistaken). However, the correct decision to call the 10 May action is clearly, at least in part, a product of lay democracy at work.

Left Unity, and the wider Democracy Alliance, in PCS and the United Left in UNITE have both been able, by bringing activists together, to ensure that their unions offer positive leadership to members and put the interests of ordinary workers first. There is a lesson in this for UNISON activists both within and beyond the ranks of the United Left.

It is clear that, in our Union, lay democracy is failing when it comes to the conduct of industrial disputes - and that it is doing so because too many of those elected to be accountable to our members are content to be mere spectators as the "world class negotiators" do their thing.

The consequences of this failure could be that, in future, public servants wanting a pension have to put up with working longer, paying more and receiving less than they would have had to had UNISON's lay leadership asserted the primacy of their interests.

This question is not, however, settled. UNISON Health workers in England and Wales still have the opportunity to reject the devastation of their pension scheme in order to rejoin the fight for pensions justice - as recommended to their members by our Oxfordshire Health Branch (http://www.ouh.org.uk/index.php/34-pensions/69-unison-pensions-ballot-april-2012). This would bring them back into the fight which our Scottish Health members have not abandoned (http://www.unison-scotland.org.uk/pensions/).

Crucially, all UNISON members can also begin to repair lay democracy in our trade union by voting for candidates of the left in the current elections to the Service Group Executives (SGEs) (http://unisonunitedleft.blogspot.co.uk/2012/04/vote-for-candidates-of-left-in-unison.html?m=1).

For a few weeks before, and just after, the 30th November strike day on which UNISON came of age we caught a glimpse of the potential of our trade union. The 10th May strike offers a challenge to UNISON activists to try to find a way to realise that potential.

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Monday, April 16, 2012

Subsections g, h and i of s188(4) Trade Union and Labour Relations (Consolidation) Act 1992

I realise this may seem an uninspiring title for a blog post - but this is a niche blog (http://www.morningstaronline.co.uk/index.php/news/content/view/full/81712) and if discussion about how to use the intricacies of employment law to protect workers' interests in a redundancy situation doesn't float your boat, well, look away now.

I have blogged, albeit briefly, before about the important changes to the law on redundancy consultation which (by virtue of the Agency Workers Regulations 2010) came into force on 1 October last year (http://jonrogers1963.blogspot.co.uk/2012/03/section-188-and-agency-workers.html?m=1).

I am blogging again, having been taken aback by the profound ignorance demonstrated to me by a senior Human Resources practitioner in the private sector, who told me that there were no subsections (g), (h) and (i) of subsection 4 of section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992. I won't identify the company concerned (for obvious reasons - although whether I continue to observe this self-denying ordinance is in their hands not mine).

What these (relatively) new subsections require of an employer proposing to make 20 or more redundancies at one establishment within a 90 day period is that, in addition to the information which they have had to provide in the past, they must now provide information about all the agency workers they have "working under their direction", where they are working and what they are doing. The (rather obvious) point, given the purpose of statutory redundancy consultation as set out in s188(2), is to see if their are agency workers doing work which could provide suitable alternative employment for redundant employees.

The precise wording of the subsections are as follows (this is the new additional information which employers have to provide when making 20 or more redundancies);

"(g)the number of agency workers working temporarily for and under the supervision and direction of the employer,

(h)the parts of the employer's undertaking in which those agency workers are working, and

(i)the type of work those agency workers are carrying out.".

Let me give three examples of how trade unionists can make use of these new requirements.

First, if your employer is making redundancies to implement this year's budget - they cannot even commence the formal 30 or 90 day consultation period until they have provided this information. Not all employers are collating this sort of information centrally so you can buy valuable time to save jobs (or give yourself some leverage to improve severance terms).

Secondly, since (for the purposes of section 188) "redundancy" also includes situations in which an employer dismisses and offers re-engagement in order to force through detrimental changes to conditions of service, you can also insist upon the information required by subsections (g), (h) and (i) as a prerequisite for formal consultation in those circumstances (which may also flag up an argument that they could save more by reducing reliance upon agency workers than by attacking your conditions.)

Thirdly, you can point out to any reasonably sane public service employer that - since they will now need to provide this information whenever they propose redundancies - and, since George Osborne will ensure that this is not a rare occurrence, they might as well provide the information routinely anyway. Your employer ought to be as keen to reduce agency fees as you are.

What worried me about my interaction with the HR bod at the (as yet) unidentified private company was that, if they could deny knowledge of the legislation more than six months after it had come into force - did that mean no one else from our side of the table had raised it with them?

If there are union reps out there (or even paid officials) who aren't up to speed with subsections (g), (h) and (i) then the likelihood is that we, as a movement, are missing opportunities to delay and reduce redundancy dismissals, and maybe even to obtain protective awards. Given the paucity and inadequacy of our legal rights it seems a shame not to use to best advantage such rights as we do have.

(Hard as this may be to believe) I sometimes face a modicum of criticism within our trade union. One reason for this is when I issue advice or information which it was really someone else's job to send out.

Well, I think it should take less than an hour to draft a simple circular to branches outlining the provisions of subsections (g), (h) and (i) and offering some suggestions as to how to make use of them. I have raised this with the appropriate officials some weeks ago. I'll wait one more week before I send anything more out.

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Wednesday, April 11, 2012

Health workers - don't give in to the Government on pensions - campaign for rejection

UNISON members in the health service are currently being balloted on the Government's "final offer" on health service pensions. Were I a health worker I would be voting to reject this awful offer, and I encourage all UNISON members to do so. I have blogged about the offer itself before (http://jonrogers1963.blogspot.com/2011/12/nhs-pensions-comments-on-commentary.html?m=1) and you can read lots more elsewhere online (for example - http://l-r-c.org.uk/blog/post/save-the-nhs-defend-pensions/).

The purpose of this post is to encourage branches and activists to campaign for rejection, and therefore for further strike action alongside teachers, civil servants and other health workers (local government workers are still waiting - and waiting - to see our "final offer").

The UNISON Health Service Group Executive did not decide that UNISON should recommend that members accept the Government's derisory "final offer" - and any official who suggests that that is the policy of the SGE would be misrepresenting the policy. The SGE agreed that this offer was "the best that could be achieved by negotiation" and that rejection would need to be accompanied by a preparedness for sustained industrial action.

Branches within UNISON - and individual UNISON representatives have a clear cut right to make and campaign for recommendations in member ballots. This right was reaffirmed as recently as National Delegate Conference 2010 and an NEC colleague has had it confirmed that Branches can campaign for a NO vote provided that they make it clear that rejection would mean that a sustained programme of strike action would be necessary to improve the offer.

That is, a sustained programme of strike action exactly as is underway in Scotland, being taken by UNISON members in the health service pledged to fight for a better pensions deal.

These two links to each side of a handy A4 leaflet setting out the case for rejecting the pension offer;

(1) http://xa.yimg.com/kq/groups/20485601/671254642/name/Health%20Worker%20Network.%20Vote%20to%20Reject.%20APRIL2012.SIDE1%2

(2) http://xa.yimg.com/kq/groups/20485601/2121404843/name/Health%20Worker%20Network.%20Vote%20to%20Reject.%20APRIL2012.SIDE2%

On an earlier post I touched upon the question of how we should assess 30 November 2011. Was it a triumph or a damp squib? Did it show our strength or expose our weakness?

The answer to this question depends to a considerable extent now upon this ballot.
It is what trade unionists do from now on that will determine whether the largest strike of our lives was an important moment in mobilising trade union opposition to wide ranging attacks upon our members' interests, or whether it was no more than a token of protest intended to recruit members.

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Tuesday, April 10, 2012

LGPS makes headlines in the FT - but we still don't know what's going on...

Every day that lengthens the weeks since a proposed "deal" on the "big ticket items" for the 2014 Local Government Pension Scheme (LGPS) was put before Government Ministers is another day on which I remember that Eric Pickles knows more about the future of my pension at the moment than I do.

Today brings the news (in the form of the main headline on the front page of the Financial Times) that plans for the merger of London local government pension funds have the "broad backing" of the Communities Secretary (http://www.politicshome.com/uk/story/25974/ - or over a paywall at http://m.ft.com/login?dest=%2Fcms%2Fs%2F0%2F2a86c21c-8161-11e1-8aae-00144feab49a.html).

Bringing together the management of the 34 London local government pension funds could achieve economies of scale at the expense of the private fund managers (who currently take a slice of our money in return for deciding where to invest it). Local authorities have the powers to share such services now (and even, somewhat misleadingly, to describe such a venture as a "mutual" if politicians think that Joint Board or Joint Committee sounds too stuffy).

Branches would have to be alive to the risk to the jobs of staff carrying out the key administrative tasks in the boroughs (particularly since such "transactional" tasks have already been identified as ripe for "sharing" - and therefore for privatising). There is, however, no reason "in principal" to oppose replicating in London the structure which already exists elsewhere in England, where County Councils (or other joint bodies based on the former Metropolitan County Councils) run pension funds which also cover Districts (and unitary authorities).

If - as the FT suggests - the consolidation of the funds enabled focused investment of our money in infrastructure projects in London which would benefit our communities whilst delivering the long term returns required to pay future pensions that, too, might be no bad thing, although a lot will depend upon detailed arrangements for governance in the 2014 scheme.

The fact that this story takes the front page of today's Financial Times demonstrates that the £30 billion invested around the world on behalf of London local government workers is of interest to those who make a (good) living making money out of other peoples' money. This should be of at least equal interest to those of us whose money it is.

However, the most important questions which I (along with other LGPS members in London) have at present are those to which I indicated my preferred answers by the action I took on 30 November;

Will I have to work longer to receive an unreduced pension?

Will I have to pay more?

Will I receive less?

To these I would add one (or perhaps two) more - are we content to wait forever for a response from the Government? Have our negotiators given Eric Pickles complete control of the timetable?

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Sunday, April 08, 2012

Confusion of the red-baiters

I am rather worried (in a charitable way) at the confusion afflicting the little-know “Communist Party of Britain (Marxist-Leninist)” (who are not for one moment to be confused with the proper Communist Party) but who are sometimes to be found handing out a magazine at trade union events, or leaving copies lying around at Congress House.

In January, their journal “Workers” lauded (anonymously) the fact that “The unprecedented national stoppage of 30 November was the best possible riposte to the Coalition’s economic statement of 29 November. Two million workers striking, marching, providing emergency cover or showing solidarity with striking colleagues was a great uplift to the people of Britain. Over 30,000 people attended the central London rally. Across Britain thousands of picket lines and hundreds of marches and rallies proclaimed that organised workers still can and will act together.”

Yet, by April, the same freesheet had concluded that the Evening Standard of 1 December had been right that barely a million” had taken strike action, and went on to opine (equally anonymously) as follows;

“Barely a million – this was genuinely written as if to dismiss the biggest strike in a generation, when well over a million public sector workers took strike action to protect their pensions on 30 November. This was easily the biggest show of union strength since the “winter of discontent” and possibly since 1926.
But while the numbers are indeed impressive, and the attempt to belittle this demonstration of collective organisation ridiculous, another story is told if the number is converted into a percentage of all those entitled to take action.
Had the Evening Standard said only 35 per cent took strike action it would look quite different. A third take strike action doesn’t sound half as good as a million. So why is this important? Because 30 November was a paradox. On the one hand it was collective organisation in action, but on the other it showed that this action was not absolute, resolute or sustainable. The strike and its aftermath illustrate where unions are today.”


Whereas the conclusion of January had been that “We’ve already been forced to give our wages to the banks and now their government asks us to starve and freeze in old age. We need to wise up,” the conclusion of April was that “it is time to forget the fads and the political play fighting. Get back to the workplace. Build and develop solidarity at the most local level to the members.” This latter conclusion was based upon an uncritical acceptance of the figures used by our opponents, and an entirely downbeat assessment of the events of 30 November, completely at variance with the (rather exuberant) tone of the contemporaneous assessment of the day three months before.

Why should anyone care about the apparent degeneration of a political group noted mostly for its ferocious hostility to those whom it sees as “ultra left fantasists”? In part because they do occasionally say something sensible and give the appearance of being thoughtful about the trade union movement – but in larger part because I have the feeling that their pronouncements are a window into the opinions of some of those who (in our lay-led trade unions) don’t generally put their names to their thoughts.

The thing is, comrades, if your workplace is the Regional or national office of a trade union how can going “back to the workplace” serve to “build and develop solidarity at the most local level to the members?” And when you say that “Workers will organise themselves whatever we call the organisation.” – are you really sure that you mean this?

I’ll check back on the dear old CPBM-L next time I have some spare time. I really wouldn’t suggest anyone bothers with them whilst you have real trade union work to do (and those of us who are genuinely serious about building member-led trade unions certainly have plenty of that to be going on with).

Civil Service pensions offer - the best that can be achieved by negotiation?

Although UNISON is the dominant player in negotiations on the Local Government Pension Scheme (LGPS) and is a key player in negotiations on health service pensions, we do also have a small number of members in the Principal Civil Service Pension Scheme - and these members are being balloted on the Government's "final offer" (http://www.unison.org.uk/pensions/pages_view.asp?did=14198) on the familiar basis that this is "the best that can be achieved by negotiation." (http://www.unison.org.uk/asppresspack/pressrelease_view.asp?id=2656).

I can't remember seeing reported where an elected body within our Union had made decisions in relation to this ballot but - as that's doubtless the consequence of my inattentiveness and poor memory - I have asked the relevant questions and shall share the answers in due course.

I'm also intrigued as to how we have come to the judgment that the offer on civil service pensions is indeed "the best that can be achieved by negotiation."

Negotiations on the Principal Civil Service Pension Scheme have taken place between the Cabinet Office and the National Trade Union Committee for the Civil Service which was formed when the former Council of Civil Service Unions was dissolved (http://www.pcs.org.uk/en/news_and_events/pcs_comment/index.cfm/id/AF7C15FC-61DD-4D0D-BE46703B8427D180).

When the Minister for the Cabinet Office and Paymaster General reported to the House of Commons on the position of trade unions in relation to the civil service pension scheme on 20 December he said; "FDA, Prospect, GMB Prison Governors Association and the Immigration Services Union have agreed to take to their Executives as the best that can be achieved through negotiations. There is a specific outstanding issue relating to mechanisms for prison officers to retire earlier than state pension age where we are continuing to have discussions with the Prison Officers Association." (http://www.publications.parliament.uk/pa/cm201011/cmhansrd/cm111220/wmstext/111220m0001.htm) He didn't mention UNISON.

The note placed in the House of Commons Library about the Civil Service scheme (http://www.parliament.uk/briefing-papers/SN03224) when it comes to report the response of the trade unions to the final offer, notes (at paragraph 4.3) that Prospect have agreed to recommend the final offer "as the best that can be achieved by negotiation" and that the managers' union, the First Division Association (FDA) have also concluded that this is "the best that can be achieved by negotiation", but that members of UNITE and PCS (which alone represents the large majority of unionised members of the scheme) have voted to reject. It doesn't mention UNISON.

Were we even present at any negotiations in order to conclude that their outcome was "the best that can be achieved"?

Why has UNISON arrived at the same conclusion as the Prospect/FDA minority and not the PCS/UNITE majority?

These aren't simply rhetorical questions, and their answers won't only relate to the pensions dispute.

There is only one other large, predominantly public service trade union with which we recently agreed a joint statement (http://www.pcs.org.uk/en/campaigns/campaign-resources/pcs-and-unison-joint-statement.cfm).

As our General Secretary said of UNISON's alliance with PCS; "This is no paper policy, this alliance has teeth." (http://www.pcs.org.uk/en/news_and_events/news_centre/index.cfm/id/CAE1742C-7735-4BFD-ADEDBEF5EE73B3FE).

If UNISON doesn't build on the possibility of joint campaigning with our brothers and sisters in PCS they clearly have other options (http://www.pcs.org.uk/en/news_and_events/pcs_comment/pcs_comment_archive.cfm/id/9FBFFD72-7284-4FAF-81A810DE7FEBE412).

All of which leads me - in a convoluted way - to the conclusion that all those with an input to the prioritisation process for UNISON National Delegate Conference should prioritise Motion 11 on "Closer Working with the Public and Commercial Services Union" from the Kent Local Government Branch.

And, of course, I'll let you know how UNISON arrived at a conclusion about the civil service pension negotiations which is diametrically opposed to the conclusion of our allies in PCS - just as soon as someone tells me...


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Friday, April 06, 2012

Further strike action over health service pensions

I am, as ever, indebted to a Ms Reissmann of "north of Watford" for reporting promptly that UNISON's Health Service Group Executive, meeting Wednesday, "were told. there is no NHS union which has any plans for further strike action (over pensions)."



Strangely, on the same day, I understand that Unite's Health Sector National Committee met and agreed to national strike action on 10th May as "the next step in the fight to defend our

pensions".



Also, as I understand it, our own members in the Scottish Health Service are engaged in a programme of strike action over pensions (http://union-news.co.uk/2012/03/unisons-strike-two-against-scottish-government-pensions-hike/).



Since the "final offer" on health service pensions is that our members should expect to pay more, to receive less, and to work longer, I can understand the position of UNISON's Scottish Health Committee, and of UNITE's National Industrial Sector Committee.



Someone told me that it would take more than one day of strike action to defeat the Government's attack on our pensions. I think they were right.

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Wednesday, April 04, 2012

Mutual Disrespect

As one of those in our movement frequently troubled by the question; "The TUC - just what is it for?" I have to admit that the Touchstone Blog sometimes provides a positive answer.

A fine example is the recent post about the fate of public service mutuals (http://touchstoneblog.org.uk/2012/04/mutuals-0-markets-1/). Let's be clear, the Government's spiel about mutuals is no more than dust kicked up around privatisation.

Only a fool would believe that the Tory Coalition Government gave a damn about co-operation (though there do seem to be some fools about!)

This is different in the case of some Labour Councils who may sincerely believe that "mutualisation" is a positive alternative to privatisation, which may even provide some protection from future privatisation.

From experience, I can say that "progressive" enthusiasm for mutualisation of public services is generally (and sometimes wilfully) ignorant. The genuine practical difficulties are consistently underestimated on a grand scale. The future risk of privatisation is also generally - and I fear wilfully - underestimated.

When the history of this decade comes to be written, I fear that it will be told that enthusiasts (http://www.co-operative.coop/corporate/Public-Service-Mutuals-/) for "public service mutuals" were no more than "useful idiots" (http://en.m.wikipedia.org/wiki/Useful_idiot) for a Tory Coalition Government hell-bent on privatisation who were happy to borrow progressive clothes in order to achieve deeply reactionary ends.

It is important to understand what is at stake in the defining struggle of our generation. The social gains won by our grandparents - who compelled states established to reproduce the conditions of existence of a society founded on exploitation nevertheless to concede their responsibility for human welfare - stand to be lost on the altar of profit.

In this context, the froth of "mutuals" and "social enterprises" is - at (very) best an irrelevance and (more often) is a Trojan Horse for privatisation. We face the hardest years of our lives now to defend our public services. We won't do it by being "co-operative" I'm afraid.

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Tuesday, April 03, 2012

High pay, low pay, more pay

It happens that I work for the local authority that was the first to break the £100,000 barrier for Chief Executive pay (many years ago). With the requirement that all local authorities publish their pay strategy, and certain supplementary information, we all now know (or should know) what our Chief Executives earn - and also how many others are bringing in six figure sums (http://www.communities.gov.uk/publications/localgovernment/localismseniorpay).

The requirement that local authorities publish such information is driven by a pernicious agenda of the "Tax Dodgers Alliance" who want to use the generous salaries of a tiny proportion of the local government workforce as a stick with which to beat the public sector and as false justification for spending cuts (which will, in any case, fall overwhelmingly on the lower paid). Trade unionists should be cautious about how we use this information for fear of adding fuel to a fire meant to burn our members' jobs and the services we work to provide.

Nevertheless, the coincidence of timing of the publication of this data with the miserable refusal of the local government employers - for the third year running - to make any pay offer can hardly pass without comment. Whilst the pay freeze may be across the board, its doubtless easier to make ends meet on a six figure salary (even if it's frozen).

The trade union side approach to the employers having once more ignored our reasoned claim for a decent, across the board pay rise, with a particular emphasis on the lower paid, represents something of a departure. Rather than a directly campaigning approach, we appear to be playing the (hitherto little used) "pitiable" card, as branches are being asked to request just the £250 for those earning below £21,000 (as suggested by the Chancellor but withheld by the local authority employers).(http://www.unison.org.uk/localgov/paycampaign.asp)

Appealing to the better nature of our cash strapped bosses in the hope of their pity seems something of a long shot - and we are dangerously close to undermining consistent national (or in London sub-Regional) pay spines. However, it's obviously worth asking an authority to cost the making of such a payment, if only to then compare it with what they're spending on salaries at the top of the income distribution.

Better pay rises (and greater pay equality in the long run) will both come only from building union organisation - and that will need a campaigning approach to pay claims as to many other issues. Which seems to me a good reason to support left candidates in the forthcoming elections to Service Group Executives (of which more later...)

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Monday, April 02, 2012

LGPS - No news still not good news

Today's LGPS (Local Government Pension Scheme) "Protect Our Pensions" Bulletin 16 from the UNISON Centre reveals the following;

"Members and activists will be wondering where the negotiations over the LGPS have got to.... The joint negotiating team and the Governance and Administration sub groups have continued to meet on a regular basis, the most recent meeting of the negotiating 'Project ' team being this afternoon - Monday 2 April.

The negotiations are moving in a positive direction, in line with the agreed principles agreed before Christmas. However, it is obviously crucial that we ensure that every possible element of a possible new scheme is fully considered and that we explore all options in order to get the best possible deal for members. This has required a significant amount of work by actuaries and others and it is therefore not yet possible to produce final proposals.

We hope that we will be in a position to give you full details before the end of April so that the all-member ballot can commence around the start of May."

This (slightly) informative bulletin is only the tiniest bit confusing, since the last bulletin, released three weeks ago, told us that "The joint LGA - Trade Union Project Team which is negotiating over the LGPS from 2014 submitted outline proposals on 13 February to DCLG and the Treasury. Unfortunately, the government has not yet come back to us with a response to them and so there is nothing to report on the negotiations in today's newsletter. We are extremely disappointed at this and have made very strong representations to government over the unnecessary delay in our timetable. Our timetable is carefully detailed in the documents underpinning the negotiations at www.lgps.org.uk."

Since, as I understand it (and I'm relying on well informed readers who may wish to remain anonymous to correct me if necessary) the Government have still to respond to the outline proposals, I'm not sure that it's simply the workload of actuaries (and others) which means that " it is therefore not yet possible to produce final proposals."

The silence of this week's bulletin on the question of what the Government is up to is genuinely perplexing. Of equal concern is the non-sequiter contained in the sentence; "The negotiations are moving in a positive direction, in line with the agreed principles agreed before Christmas."

Since the "principles agreed before Christmas" included linking normal retirement age to the (now even more rapidly advancing) state pension age; a shift to career averages (contrary to Local Government Service Group Conference Policy) and acceptance that pensions in payment will be uprated in line with the CPI rather than the RPI I fail to see how this can possibly be a "positive direction."

All things considered I really cannot get too worked up about "the unnecessary delay in our timetable" whether this is due (as we were told three weeks ago) to Government delays or (as we were told today) to the enormous workload of actuaries (and others). As a rule, when the employers or the Government are about to do something like this to us, it's better and more comfortable if they do it more slowly.

As far as I can see, the only real imperative to getting a ballot of members underway before June's Service Group Conferences is to avoid the danger that Conference delegates might still be influenced by the dangerous rhetoric of the leftist speaker who said last year "to those who say 'name the day', I say a day won't be enough" (http://www.unison.org.uk/asppresspack/pressrelease_view.asp?id=2341). A lot of UNISON members still think he was right.

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Mick Shaw RIP "an unsung working class hero"

Sad news today from the Fire Brigades Union (FBU) of the untimely death of former FBU President and long serving Executive member for London, Mick Shaw (http://www.fbu.org.uk/?p=5423).



I met Mick a few times through union and political activity and found him consistent, principled, clear-headed and likeable. He is a loss to our movement precisely because he gave so much and set such a fine example.



I couldn't put it better than John McDonnell who says, on the website of the Labour Representation Committee (LRC);



"Mick was one of the finest socialists and most selfless, dedicated trade unionists I have ever met. Firmly on the Left, for many of us he was an unsung working class hero." (http://l-r-c.org.uk/press/mick-shaw-a-true-socialist/)



(At that link you can see Mick speaking to the LRC AGM in 2009.)

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No justice for workers

David Renton, in today's Morning Star, uses the occasion of the Coalition's latest attacks on workers' rights to expose the weakness of the employment tribunals as a means of obtaining justice for workers (http://www.morningstaronline.co.uk/content/view/full/117306).



As well as itemising the pitiful median levels of compensation awarded to workers found to have been treated unlawfully by employers, he makes the point that the extreme rarity of orders for reinstatement has had a knock on effect on the chances of success at in-house appeals against dismissal.



This certainly reflects my experience as a lay trade union representative in local government. As recently as twenty years ago, appeals against dismissal, heard by Panels of Councillors, were successful about half the time. Now reinstatement (by a panel of senior managers) is a rarity.



The legal rights which the Coalition are pledged to undermine were built in the first place on the foundations of workplace trade union organisation. Employers, and Governments, conceded some limited rights to be treated fairly at work because our movement was strong.



The waning of justice at work has coincided with declining union density and organisation (except of course that it's not a coincidence).



It's that workplace organisation which we need to rebuild if we are going to resist the "hire and fire" workplace culture which the Government of Millionaires are seeking to foist on the millions.



We will, however, need to consider how we deal with the challenge of up front charges for lodging tribunal complaints. If a union backs a claim, believing it likely to succeed, workers will expect help to jump this new financial hurdle - and if we want to rebuild membership and organisation we need to deliver the goods when it comes to representation.

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Sunday, April 01, 2012

UNISON's best April Fool?

A letter circulating in at least one Region, addressed to UNISON Health Branches, in connection with the forthcoming ballot on the Government's miserable "final offer" on the NHS Pension Scheme includes the following text;

"The SGE on 21 March, having overwhelmingly rejected a call that the union campaign against the proposals, decided to recommend to members that the offer is the best that can be achieved by negotiation.
This is SGE policy and it has been confirmed that it is NOT permissible for union resources to be used to campaign for rejection."

I am in awe of this elegant parody of the sort of correspondence which would be issued if our union were determined to deliver acceptance of a pension scheme which ensures that our members work longer and pay more to get less.

I am sure that the real letter, encouraging our branches to ensure that our members have access to all information and to more than one point of view so that we maximise the informed participation by members in this vital ballot, will be issued shortly.

In the mean time, though (and at least until noon today) full marks to those responsible for the April Fool's joke :)


(Because, of Course, our National Delegate Conference, in 2008, affirmed "the right of UNISON members, branches and other appropriate representative bodies to make and campaign within Rule for recommendations in member ballots.")

Friday, March 30, 2012

By George!

George Galloway was probably entitled to his charateristic hyperbole last night (http://www.dailymail.co.uk/news/article-2122523/George-Galloway-Secures-shock-victory-Bradford-West-election.html). But whilst this may not have been "the most sensational result in British by-election history" (and may not have involved "the grace of God"), the victor said something serious when he said that "The people of Bradford have spoken this evening for people in inner cities everywhere in the United Kingdom."



For those who are more worried about worklessness than fiscal credibility, those on the sharp end of economic stagnation and social disintegration, for whom falling real wages are causing real hardship rather than inconvenience, the Labour Party leadership have too little to say.



It was a depressing night for Labour Party activists on the ground (http://labourlist.org/2012/03/bradford-west-by-election-liveblog/) - but what's really depressing is how the Party appears both unable and unwilling to engage with important sections of the electorate who ought to be natural supporters.



If the trade unions are to fulfill the important role of anchoring our Party to our class, then our leaders need to do more to demand that the Party leadership speaks for and to the marginalised, disenfranchised and excluded.



In this context, tomorrow's Morning Star Conference; "For a People's Britain not a Bankers' Britain" (http://shop.morningstaronline.co.uk/content/morning-star-conference-march-31-2012-peoples-britain-not-bankers-britain) is a timely opportunity for those General Secretaries who are attending to do just that.

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Thursday, March 29, 2012

LGPS - Silence is not golden

Some five weeks ago the trade union and employers side negotiators discussing the future of the Local Government Pension Scheme (LGPS) struck a possible deal - but we still don't know what it was.

Because the LGPS is a statutory scheme - and in spite of the fact that it is funded by contributions from employers and employees which are invested quite independently of Central Government - this possible deal needs approval from Ministers (in Communities and Local Government and the Treasury).

Whilst that is unavoidable, the complete silence from our negotiators is not. A brief period of silence at certain stages of negotiation can sometimes be justified, but our negotiators appear to have sworn an open-ended vow of silence for as long as it takes the Government to consider their secret deal with the employers.

Therefore neither the scheme members, whose security in retirement is at issue, nor for that matter the local authorities, for whose squeezed budgets this has significant implications, can know what it is that our negotiators think we should accept until Government Ministers (who neither contribute to nor manage or administer our pension funds) have had their say.

Whilst UNISON negotiators refuse to brief even the cross Service Group Scrutiny Group about any details, it may be that not everyone has been so scrupulous. Certainly Lord Hutton appears to know enough to express some views (http://m.professionalpensions.com/professional-pensions/news/2163984/public-sector-schemes-change).

Speaking at an Eversheds legal Conference last week he reportedly said there was a "high degree of certainty" there would need to be further changes to the Local Government Pension Scheme – due to be launched in 2014 – in the years to come.

He said the fundamental design of the scheme such as the "cap and collar" to limit employer contributions would remain in place but other tweaks to benefit design would occur.

"It's very, very unlikely that there won't be some movement around scheme benefits over the next 25 years", he said. "There is going to be a high degree of certainty of scheme changes over the next 25 years – I don't envisage that every dot and comma of the LGPS deal is going to remain unchanged."

I'd like to express an opinion about this, but having seen neither a dot nor a comma of the proposals on which Lord Hutton is able to comment, I can't.

Of course, since the very officials whose task, should they secure the lay mandate for which they will certainly be looking should the Government rubber stamp their deal, will be to produce publicity materials intended to "sell" the deal to members, are also the only people in the Union who know the details, they could be at something of an advantage in trying to win the argument.

The challenge which confronts our lay Service Group Executives (SGEs) is whether they will assert their authority by insisting upon sufficient time for they themselves, and for activists at Regional and Branch level to consider any proposed deal before any consideration is given to the recommendation to be put to members in a ballot.

We should certainly have at least as long to discuss and debate recommendations to our members in a ballot as the Government have spent considering the proposed deal! This would mean that each Branch would have the opportunity of (at least) one monthly Branch Committee to consider opinions which they could report to Regional Service Groups ahead of national SGE meetings.

This reasonable approach is the very minimum we should expect if we want any ballot truly to reflect the informed and considered opinions of our members.

Since at present I hear more from a renegade Blairite peer than I do from within my own trade union concerning the future of my pension, I hope I can be excused a modicum of pessimism of the intellect about the arrangements for such a ballot.

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Wednesday, March 28, 2012

London strike success

Full marks to the teachers (http://www.teachers.org.uk/node/15423) and lecturers (http://www.timeshighereducation.co.uk/story.asp?sectioncode=26&storycode=419492&c=1) who closed (or partially closed) 1,400 London schools, 47 colleges and 16 universities today.



Today's important strike demonstrated that the dispute over public service pensions is far from over and that - whilst those who only ever believed in "damage limitation" take the coward's route of refusing to make a recommendation in the hope that members, receiving the demoralising message from their leaders, will seem to let those same leaders off the hook of their own responsibility for an impending, and entirely voluntary, defeat - it is perfectly possible to continue a fight for a fair settlement.



UNISON members should reflect on this positive example from sister unions of members in London taking a positive lead in a fight with the Tory Government. Imagine the profile that the largest public service union might have in our capital city if it were radical and progressive.

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Solidarity with pension strikers

I'm on my way to offer my services making teas and coffees for striking members of the NUT and UCU (I've checked the advice from UNISON Regional Office and it seems that I can safely and lawfully do this!)



Given the deafening silence from Eric Pickles concerning the Local Government Pension Scheme (LGPS) we can't rule out further strike action by LGPS members. Since, in almost every workplace where there are members of the Teachers' Pension Scheme those members work alongside LGPS members, there is a compelling case for coordination between our respective trade unions.



It's a shame that today's co-ordination goes no further than assistance with refreshments.

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Tuesday, March 27, 2012

LGPS - no news is no news

Contrary to earlier speculation on this blog, informed - as we can now see - by a diminutive avian advisor with questionable sources, there is still no news from Mr Pickles about local government pensions.



Or, to quote authoritative information;



"Just to let you know we have still had no response from the government on LGPS proposals. In the absence of a response the meeting of the scrutiny group on Thursday has been cancelled."



If Mr Pickles doesn't hurry up, our local government Conference in June might be able to make its own recommendation to our members in the Service Group as to how to vote in any ballot...

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Monday, March 26, 2012

Happy Birthday 26 March?

A year ago today half a million of us filled the streets of London (http://m.guardian.co.uk/society/2011/mar/26/march-for-the-alternative-government?cat=society&type=article). We demonstrated the opposition of the broad mass of the people of this country to the vandalism of public services being orchestrated by the Tory Government and their Lib Dem window dressing.



I would like to be able to post to this blog about the ways in which the TUC General Council used the largest ever trade union demonstration in the UK as a springboard for militant and effective campaigning. Such a post would have, however, to be held over to this coming Sunday (http://en.m.wikipedia.org/wiki/April_Fools'_Day).



Union activists need to build our strength and organisation locally. It would be foolish to expect a national lead I'm afraid.

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Sunday, March 25, 2012

Shall we be Pickled tomorrow?

A little bird (well, not so very little) has let on that those of us waiting to know if the Government will rubber stamp a draft "deal" done between negotiators dealing with the Local Government Pension Scheme (LGPS) may hear some news from Eric Pickles tomorrow.

If we do, it may be that we will then hear some justification as to why we must move to ballot our members immediately (and - crucially in the case of the vast majority of affected members who are in the Local Government Service Group - ahead of our Service Group Conference in June).

Such a justification may relate to the need for Regulations to go through Parliament sufficiently in advance to enable implementation of a new scheme from April 2014.

It may therefore be worth recollecting that the current Regulations dealing with the administration of the LGPS were made and laid before Parliament in February 2008 in order to come into force on 1 April 2008 (http://www.legislation.gov.uk/uksi/2008/239/introduction/made).

It's true that the Regulations dealing with benefits, membership and contributions (which we must now learn to call "big ticket items") were made and laid before Parliament in April 2007 in order to come into force on 1 April 2008 (http://www.legislation.gov.uk/uksi/2007/1166/introduction/made).

It's also true that if - in spite of the clear policy of our Local Government Conference 2010 in support of a final salary LGPS - we are looking to move to a career average revalued earnings (CARE) scheme, then the transition from the 2008 to the 2014 may be more complex than the transition to the 2008 scheme.

Career average pensions are not quantum physics though. A Maths A-level ought to be more than enough to grasp the workings out. There is no genuine and honest reason why the Government or the employers need a response from the trade unions on the 2014 scheme offer before (say) 1 October (and I'm sure that 1 April 2013 would still be a workable timetable if the will was there).

There is no genuine and honest reason why we should have to ballot members before our Local Government Conference has an opportunity to express a view as to the recommendation to be made to members in a ballot - as it was able to do in relation to Single Status.

If, however, the Service Group Executive is to be dragooned into making a recommendation this week, it ought to remember the policy of Service Group Conference - and that it lacks the constitutional authority to recommend acceptance of a career average pension without a change in Conference policy.

No doubt if officers do try to cajole the Service Group Executive into a hasty decision they will also have a detailed Equality Impact Assessment for the proposed 2014 scheme (after all, they have known for weeks what deal they have done on behalf of those of us who are actually members of the LGPS). Were that not to be the case, the hypocrisy of recommending a hasty ballot would surely be too much for even the hardiest souls at the UNISON Centre.

Normally, being pickled takes some time. Perhaps this week we shall witness accelerated pickling of our pensions?

I hope not.

Watch this space...

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Thursday, March 22, 2012

Timing is everything

Now we know the timetable for the ballot of UNISON members in Health in relation to the Government's derisory "final offer" on pensions (http://www.unison.org.uk/asppresspack/pressrelease_view.asp?id=2643) we can see that timing truly is everything.

It's apparently vital that, in asking our members to take a decision about a pension scheme which will come into force in three years time, we insist they must decide now. I have to say that, as a member of the ruling body of our Union I do not believe this to be true and have heard no justification for this timetable. However, I know that the majority of my fellow NEC members have a proven track record of unquestioning faith in our "world class negotiators" so there must be some cunning plan behind our seeming to accept the timetable of our adversaries.

I understand that it's apparently so important that our members are rushed into an early decision that it is unavoidable that the ballot must open during the Easter Holidays. Since we all know that women bear the lionesses' share of the burden of childcare and may therefore be disproportionately likely to be absent from the workplace - and from related workplace discussion - when the ballot opens, I can only conclude that it's a good job that our Union isn't bothered about such matters.

Similarly, since we are asking our members in health to vote on a pension scheme about which we haven't seen an Equality Impact Assessment, I can only conclude that we never meant that we really cared about equality impact assessments as a necessary prerequisite before decisions were made. That was just a position we adopted to protect ourselves from litigation I suppose. More fool me for believing we were sincere.

The many local government branches who were told that they could not make recommendations to their own members about Single Status deals without legal opinions informed by detailed equality impact assessments will doubtless be as confused as I am by the fact that - if the deal to be struck is a horrendous capitulation to a reactionary Government in a way which is contrary to the interests of all our members - we no longer need to insist upon such an equality impact assessment.

This suggests that we never really cared about equality but only about potential legal liabilities. Surely that cannot be right?

For the Health SGE to have adopted a timetable for a member ballot on this question which begins shortly before Health Service Group Conference and ends just after suggests that they have allowed themselves to be manipulated in order transparently to display contempt for lay democracy in our trade union.

That obviously cannot be the case. It must be some misunderstanding.

However, when the various SGEs dealing with our members in the LGPS allow officers to embark upon "surveymonkey" surveys which undermine our position in negotiations and for which they have no authority all UNISON members have to wonder what is going on.

It's a good job their "surveymonkey" doesn't think to "see no evil", "hear no evil", "speak no evil"...

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A report from UNISON's Health SGE about pensions

This is what you might call a "guest post" giving Karen Reissmann's report of yesterday's meeting of UNISON's Health Service Group Executive (SGE);

Report of special health executive 21st March on Pensions.

We discussed the offer in England, Wales and Northern Ireland.
(For Scotland see later)

We were given choice of
 recommend accept in ballot
 say this is best we can achieve in negotiations
 no recommendation
 recommend reject in ballot
 reject the proposals and go straight to industrial action.

We voted in order

No-one voted for accept.

"Best we can achieve" was agreed (21 for, 10 against, 3 abst, I voted against)

Discussion.

Presentation from officers emphasised all the gains and used terms like "This is not perfect but ..." They were preoccupied with possible consequences of rejecting ie the government keep telling them if we do not agree it they will remove the Fair deal offer. But Fair Deal was never just for us. At the rate they want to privatise they need to offer pension to privatised staff or else it will collapse. The whole offer is based on 1% drop out.

Rejections by other unions were not noted for their size eg 96% Unite, 85% BMA, etc but by their turnout. They sounded more like the Tories than trade unionists.

Other health unions like RCN and BMA were criticised for not leading. They said they felt they were "kicking their reject ballots into the long grass to make it go away" (sounds familiar)

At one point it was suggested that Unite were never serious as they have not used 96% rejection to call more strike action (Despite Unite exec passing motion including "This union commits itself to maximising its support to the public sector members to participate in further action, including co-ordinated national strike action alongside other public sector unions in April..")

They kept referring to pensions being a "personal issue" that each member has to decide on its merits. Adrian O'Malley rightly replied personally most health workers would lose out. Also that we had not just fought on "I'm all right" but for decent pensions for all. Many on strike on 30th were not even in pensions scheme but know victory for us is more than pensions but a huge hole in the whole austerity package being driven through by Tory and Lib dem millionaires. It is no surprise that they are now on attack over national pay, on going pay freeze, jobs, cuts and NHS bill.

Many speakers commented that the deal is STILL PAY MORE, GET LESS AND WORK LONGER with a few gains made due to the strike. They refused to allow the words "these proposals still mean work longer, pay more, get less on any of the material going out.

Often people speaking in favour of this is the best we can do underplayed November 30th. But as Martin Benn said "We were told it was a success. We were there - it was a success and we need to lead our union to complete that success. Dave Prentis promised a fight not a skirmish."

What will happen now.

Ballot will be from 11th April to 27th April.

We complained that the first week is Easter holidays and the last week UNISON health conference when we are all away from our branches. The ballot finishes the day we get our first increased pension contribution in our wages. It is only 16 days. A cynic might think they were deliberately trying to demoralise us further with a low turnout! We tried to argue for an extension but they would not budge.

The question will be "do you accept the offer or reject. If you reject this will mean taking further and sustained industrial action."

We could win this dispute but to do that we need to return to being the union we were from June to November and put up a fight. It is clear the health executive and the officials are not prepared to lead that fight any more. However members can see what this government want from us and know this attack on pensions is only the start. They do want to undo all the gains made since 1945, undo the whole welfare state and its public sector workers.


Scotland.

Scotland are negotiating separately and have balloted with success for further action. They have already had strikes in Ayrshire on 13th and 14th March. They plan more action in Lanarkshire, Lothian and Glasgow on 27th March when legislation is going to the Scottish committee. They expect Labour MSPs to oppose the bill which means it goes to full parliament. They have talks scheduled for 28th march. If no progress they plan further strikes.

Wales health committee met this week and unanimously opposed the offer.

I am very grateful to Karen for her permission to republish this important report.

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Wednesday, March 21, 2012

Error of judgement on pensions

Yesterday's decision by the Court of Appeal that the Government acted lawfully when they unilaterally changed the basis of uprating of occupational pensions in payment gives a seal of approval to a massive transfer of income from retired workers to employers and the state (http://www.morningstaronline.co.uk/news/content/view/full/116851).
Our movement was slow to respond with sufficient vigour to this gross theft when it was first announced in June 2010 (http://jonrogers1963.blogspot.co.uk/2010/06/unisons-retired-members-under-attack.html?m=0) - and the initial official response was weak (http://jonrogers1963.blogspot.co.uk/2010/07/osborne-has-cut-our-pensions-shall-we.html?m=0) but when it came to persuading our members to take action on 30 November our pensions calculators showed very clearly the scale of loss to be expected as a result of using the Consumer Price Index (CPI) rather than the Retail Price Index (RPI) to increase occupational pensions annually after retirement. It was clear that this disgraceful act of robbery - breaching the principle that accrued pension rights should be protected, as well as specific pre-election assurances from the Coalition parties (on the 27 April 2010, Philip Hammond said on behalf of the Conservatives "Indexation of pensions in payment is an established part of pensions legislation. The Conservative Party has no plans to change the current index-linking of public sector pensions in payment. We agree with the view that the right to indexation of pensions already accrued is part of the accrued pension rights and those rights will be protected.") - was part of what we were fighting against when we took strike action.
However, when Heads of Agreement were proposed in December (or - in relation to the Local Government Pension Scheme (LGPS) - when we came to Agreement with the Local Government Association (LGA) about principles) this was on the basis that uprating would be in line with CPI.
In effect, having told our members that their action on 30 November was, in part, in opposition to the change to uprating, our negotiators promptly abandoned this as a bargaining objective and put the uprating of all our nest eggs in the litigation basket. This turns out to have been an error of judgement.
All of which goes to show that it's no use relying on the legal system to provide justice for working people.
If we want to secure pensions justice then next Wednesday's strike action in Greater London (http://www.morningstaronline.co.uk/news/content/view/full/116850) shows what will be required.
UNITE's decision to call on their members to support pensions protests next Wednesday (http://union-news.co.uk/2012/03/unite-health-service-members-to-join-demos-during-m28-strike/) indicates perhaps how this morning's meeting of UNISON's Greater London Regional Committee should also respond.
All who can should support next Wednesday's London strike demonstration - assembling at 11am in Malet Street (http://www.teachers.org.uk/node/15321).

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Monday, March 19, 2012

Where will M28 lead?

A quick look at the list of UK Motorways (http://en.m.wikipedia.org/wiki/List_of_motorways_in_the_United_Kingdom) does not disclose the existence of the M28 (although who knows what the future may bring given Cameron's eighteenth century enthusiasm for private sector roadbuilding!)

What does now appear clear is that M28 - in terms of strike action over public sector pensions on Wednesday of next week - will take place all but exclusively within the M25, and also exclusively among members of the Teachers Pension Scheme in the NUT (http://www.teachers.org.uk/node/15321) and UCU (http://www.ucu.org.uk/index.cfm?articleid=6028).

Today's decision by the Executive of PCS not to take national action alone next Wednesday, but to try to build for wider action next month (http://www.pcs.org.uk/en/news_and_events/news_centre/index.cfm/id/7E5803E8-61A6-4D53-A3005D555BF3A0E6) can certainly not be criticised by a member of the Executive of a trade union which has retreated so much further - and so much faster - from further co-ordinated industrial action on this vital question.

Aside from a glimmer of hope in the Scottish Health Service (http://www.unison-scotland.org.uk/pensions/nhsstrikes.html), UNISON's leadership have - at least for now - decisively withdrawn from the position at the head of our movement which had been held in the three months following last September's TUC mini-Congress.

Those of us in Greater London must do all we can now to support, and show solidarity with, the teachers and lecturers planning to strike on Wednesday 28 March.

With the imposition of the "pensions tax" contribution increases on many teachers, civil servants and health workers now imminent - and local government workers kept in ignorance of proposals, not yet approved by Ministers, which were supposed to provide the basis for agreement of the "big ticket" items by the end of this month - it is no exaggeration to say that we stand on the brink of a calamity.

If, after the largest and most effective strike in a generation, we withdraw from further action in return for (at least in three out of four pension schemes) no more than a repackaging of the "offer" which we rightly rejected when it was made on 2 November, then we are offering this Government a sort of "accelerated 80s".

Whereas the 80s saw the Government and employers choose and win a series of battles with the trade union movement - with ASLEF over flexible rostering, with the ISTC, most notably with the NUM over pit closures, but then with the NUT and, of course, the print unions - it seems that the second decade of this century may deliver to Thatcher's children victories equivalent to those which took her Government a decade in a single Parliamentary term - and with barely "a shot fired in anger."

This outcome is not inevitable. We can still make our own history, albeit not in circumstances of our own choosing. Teachers and lecturers in Greater London find themselves to be the workers who have drawn a line and said that the retreat must stop here.

Every activist in the NUT and UCU in London who is now carrying out the thankless task of trying to persuade members to make the sacrifice of further strike action deserves the thanks and respect of every other trade unionist. The leadership of our movement is not now to be found on the General Council of the TUC (and has certainly never been found at Congress House) - it is in the NUT and UCU branches in London.

It's a good job the M28 isn't a Motorway because we need to take this chance to push our movement into a complete U-turn from the path of capitulation which we having been speeding down for the past three months. UNISON branches in London local government - and Higher Education - who have members working alongside next week's strikers must apply ourselves imaginatively to the question of how we can help.

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The use and abuse of surveys in industrial disputes

I am struck by the contrasting use of surveys in different parts of the current dispute over public service pensions.

Unions rightly considering further strike action against unacceptable offers (such as UCU - http://www.timeshighereducation.co.uk/story.asp?storycode=418992) have used surveys and consultative ballots (which are really just fairly rigorous surveys) to test (and build) support for further action. In the case of UCU (and other unions) this survey of members' opinions was initiated by a unanimous decision of the lay Executive.

UNITE - who aren't contemplating further action - are using a range of means whereby their members can vote in a consultative ballot (or survey) on the Government's derisory offer on NHS pensions (http://www.unitetheunion.org/resources/pensions/protecting_pensions_for_our_pu/health_sector_consultative_bal.aspx). UNITE's survey of its members opinions - and the clear recommendation to reject the offer - was agreed by its lay National Industrial Sector Committee (NISC).

In UNISON on the other hand, our local government branches received, out of the blue and with no authority of any lay Committee, the following message on behalf of the Head of Local Government, late on Friday afternoon. It concerns the negotiations on the Local Government Pension Scheme (LGPS);

"Dear Colleagues
 
We are looking to include a short-term, 'low cost option' in the new LGPS from 2014.  The intention would be to enable non-members to join the LGPS on a 50% contribution and benefits basis as a way of moving towards full membership of the scheme. It would also enable members to reduce contributions for up to three years at times of financial hardship.
 
We have designed this short 'Survey Monkey' survey to seek members' views of this possible option. There is a two-week completion window, with a deadline of 30 March. We would like as many responses as possible so please circulate this email to your colleagues.
 
You can access the survey via the link below.
 
https://www.surveymonkey.com/s/LGPSLowCostOption"
 
This "survey" differs from the others I have just mentioned in two important ways. First, it isn't being sent to all members so that, given sufficient turnout, it will provide some indication of the collective opinion of members - it is being cascaded out in a fairly ad hoc way and is likely to be completed by a self-selecting sample. This is a technique intended to provide evidence for a decision already arrived at (rather than "evidence based policy making" this is the approach of "policy based evidence gathering").

Secondly - and even more importantly - no lay body with democratic authority in our Union has authorised this survey, nor the assertion in the accompanying email that "We are looking to include a short-term, 'low cost option' in the new LGPS from 2014." Whoever is included in the first person plural in that sentence it certainly doesn't include any elected body accountable to UNISON members.

Let me be clear. There may (or may not) be sound arguments to permit members of our pension scheme a brief period of reduced contributions for reduced benefits. It may encourage low paid and young workers who are not currently in membership to join the scheme. It may provide an alternative to dropping completely out of the scheme for members who experience short term financial hardship.

Equally however, there are good arguments against a trade union colluding in the emergence of any sort of "two tier" pension scheme, in which those who can afford to pay more get better pensions. If we want to encourage the participation of lower paid members we could vary the differential contribution rates to make the full pension more affordable for those at the lower end of the income distribution (particularly by relating the rate of pension contribution to actual - rather than full time equivalent - earnings).

This alternative approach, of using the tiered contribution rates to promote equity would seem closer to UNISON's values than the offer of short-term cut-price reduced-value pensions to our low paid members, who are overwhelmingly part-time women workers (which appears to something our employers have been aiming for).

The crucial point though, is that the debate about these different approaches should be taking place at our lay Service Group Executives, in our Regions and our Branches - perhaps even at our Conference - before anyone speaking for UNISON can say "We are looking to include a short-term, 'low cost option' in the new LGPS from 2014."

In a lay led trade union this sort of thing would not happen. That it can happen in UNISON shows the atrophy of lay democracy in our organisation.

Since mere trade union members have not been told what has been going on in the LGPS negotiations we cannot know whether this cut-rate option will be part of achieving that part of the second Principle agreed with the Local Government Association that the new LGPS "can include zero increases in employee contributions for all or the vast majority of members provided overall financial constraints are met."

I hope Friday's email will be withdrawn and the "surveymonkey" survey taken down (though until it is you can complete it and comment upon the lack of appropriate lay authority, the laughably unscientific nature of the exercise or indeed anything else you wish to say).

Regular readers of this blog (Sid and Doris Blogger) will probably be as cynical - and as worried - as I am about what this development tells us about who is calling the shots in the LGPS negotiations.

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Sunday, March 18, 2012

A message from Barnet UNISON about the film Barnet's Tories don't want you to see!

 I want to bring to your attention a community documentary film produced by Barnet residents.

 

We are all witnesses to the vicious assault on our communities, some of of us are enduring it both as residents, carers, service users, and workers. The recent story about Goldman Sachs is clear evidence that nothing has changed in the Financial Markets and worse still that there is a high likelihood that it could all happen again. http://www.barnetunison.me.uk/?q=node/839

 

This film is having its world Premier tomorrow on Monday 19 March at the iconic independent cinema Phoenix (opposite East Finchley tube).

 

The programme for the event is as follows

 

6.10     Press Conference & Reception

7.00    Film starts

7.30    Discussion about the film

 

There has been a recent development by which the Council have banned the Barnet Alliance flyers for the film from being left in Council Libraries



 

http://barneteye.blogspot.com/2012/03/stalinist-barnet-council-bans-posters.html

 

The offending remark was made by BAPS activist and service user Phillip. He has been given his right to reply here in the local press http://www.barnet-today.co.uk/news.cfm?id=9458&headline=

 

Now this has become the film the Council doesn't want residents to see.

 

There are going to be a number of community screening across our borough but we are looking for opportunities to share our story across the UK. 

 

We have produced a number of DVDs which we are hoping to sell and hope that they will be used for other screenings. 

 

 

We are also holding a screening at the House of Commons on Thursday 18 April at 7pm in the Wilson Room, 

 

You can help, either by

coming to one of the screenings,

purchasing the DVDs,

invite Barnet residents to a screening in your community  

publish our film on your Blog, Twitter Facebook



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Thursday, March 15, 2012

The complexities of pensions "deals"

Were our Health Service Group Executive (SGE) next week to agree to recommend the Government's "final offer" on NHS pensions - even though it is essentially the same offer against which we took strike action - there is a danger that, in agreeing age-related protection, the Union could be responsible for unlawful, indirect age discrimination.



In order to show that we were not, in those circumstances, in breach of Section 57(2)(a) and\or (d) of the Equality Act 2010 read with sections 19 and 5 of that Act we would have to be able to show that our agreement to age-related protection is a "proportionate means of achieving a legitimate aim".



In order to understand how this point applies in practice, it is always as well to remember the case of Allen -v- GMB (http://www.bailii.org/ew/cases/EWCA/Civ/2008/810.html) in which the Court of Appeal upheld a tribunal finding that the way a trade union negotiated an agreement amounted to unlawful indirect discrimination, remarking in passing that;

"The worst aspect of the case in our judgment was the way in which the... ...Union members were manipulated into either accepting the offer or doing nothing," and that;



"Its [i.e. the union's] obligation to its members is that in return for their subscription it will provide to them without discrimination, benefits and services, not deliberately omit to afford them access to those benefits and services and not subject them to any detriment." Also that;



"Still less is it [the union] free to procure the acceptance or acquiescence of those members by a marked economy of truth in what it says and writes to them."



If I were contemplating asking UNISON to recommend changes to a major pension fund, I would be inclined to err on the side of caution and ask for a full Equality Impact Assessment before making such a recommendation.



Our professional indemnity insurers would expect as much. You might think.

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Tuesday, March 13, 2012

Section 188 and agency workers

As a child I always enjoyed "The Cat in the Hat Comes Back" in which Dr Seuss's cat draws upon assistance from increasingly smaller - yet more powerful - cats, named sequentially for letters of the alphabet, who emerge from his hat.



Today I am mostly liking little cats (g), (h) and (i), all added to subsection 4 of Section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 by virtue of the Agency Workers Regulations 2010 (http://www.legislation.gov.uk/uksi/2010/93/schedule/2/paragraph/4/made).



This important new law requires employers making 20 or more redundancies to notify trade unions about all the agency workers they have. For those of you whose employers have failed to supply such information hitherto this is an important opportunity.



At least in local government, Councillors and corporate senior managers are likely to be sympathetic to reducing reliance on agency workers - but will need our pressure if they are to do anything.



Bearing in mind that subsection 4 of Section 188 is a series of requirements to provide information "for the purposes of consultation" and that - in accordance with subsection 2 - such consultation must be about, amongst other things, about how to avoid or reduce redundancies and must be undertaken "with a view to reaching agreement" with union representatives, the clear meaning of the new subsections of subsection 4 of Section 188 is that the employer should not merely provide information about the current use of agency workers when notifying redundancies but should also be prepared, proactively, to use this information to avoid or reduce redundancies.



I hope that we will encourage and support our branches to use this new law as another tool with which to resist redundancies.

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Defending the public library service

A free public library service is such an important cornerstone of a decent society that it's no wonder this Government are happy to watch it smashed up.



For some reason, libraries are uniquely vulnerable to the perception that the skilled work of their professional staff could easily be replicated on a voluntary basis by enthusiastic amateurs. This perception is founded, more than anything else, on the ignorance of libraries on the part of politicians and senior managers.



The Government's approach to the statutory duty on local authorities to provide a public library service also gives Council's virtually free rein to devastate the service, with library closures in many areas as local services pay the price of bailing out the banks.



All of which makes today's lobby of Parliament important - full information and all the right links are over on the False Economy Blog (http://falseeconomy.org.uk/blog/speak-up-for-libraries-lobby-parliament-on-tuesday).



If, like me, you can't make it to Westminster today, you can still download a model letter to your MP (http://www.unison.org.uk/file/SpeakUp4LibsMP.doc) and email it to them (http://www.theyworkforyou.com/mp/).

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Monday, March 12, 2012

Last chance to lobby MPs to save the NHS

Tomorrow's Opposition Day Debate on the Health and Social Care Bill is the last chance for elected MPs to express opposition to the privatisation and break-up of our National Health Service.



To email your MP follow the links from the UNISON website - http://action.unison.org.uk/page/speakout/last-chance-nhs.



Don't leave this to someone else - particularly not if your MP is a member of one of the Coalition parties.

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Solidarity with UNISON members striking tomorrow against pension contribution increases in the NHS

Solidarity to UNISON members in the Central De-Contamination Unit at Ayrshire Central Hospital Irvine, who are striking tomorrow and Wednesday against next month's "pension tax" contribution increase for health workers (http://unison-scotland.blogspot.com/2012/03/unison-increases-pressure-on-scottish.html?m=1).



UNISON members in the Health Service in Scotland have no option but to fight this - as the Chair of the Scottish Health Committee puts it - "The reality is that many of our members will simply not be able to afford to make the proposed contribution increases due to start in April, and will be forced to opt out of their scheme to the future detriment of themselves, their families and communities - and the public purse."



This week's action is just the beginning of a programme of selective industrial action intended to put pressure on the Scottish Government not to do the bidding of the UK Government given that NHS pensions are a devolved matter in Scotland (http://www.unison-scotland.org.uk/pensions/index.html).



All UNISON members - indeed all trade unionists - should wish the Ayrshire strikers well for their action this week. With the SNP administration in Edinburgh carrying out orders from Westminster, this is a battle in the all-out war which has been declared on our movement by the Tory Coalition Government.



However, since the Scottish proposals (http://www.sppa.gov.uk/Documents/NHS/NHS%20Useful%20Resources/NHS%20Consultations/2011/NHS%20Superannuation%20Scheme%20(Scotland)%20draft%20amendment%20regulations.pdf) against which UNISON members are taking action broadly mirror the proposals in England and Wales, the action of our Scottish comrades is also a timely reminder that nowhere in the UK do health workers have to give in to a slightly revised version of the proposals which were rejected in the run up to the 30 November strike.



(Hat tip to the commentator on the previous post, who reminded me of this).



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Sunday, March 11, 2012

NHS Pensions - What if?

UNITE are recommending that their health service members reject the Government's "final offer" on pensions (http://www.unitetheunion.org/news__events/latest_news/unite_calls_for_rejection_of_g.aspx).

This puts them on the same page as the Doctors' union - the non-TUC British Medical Association (BMA), although - unlike UNITE - the BMA are currently calling for support from their members for industrial action (http://web2.bma.org.uk/nrezine.nsf/wd/BSKN-8RXGBE?OpenDocument&C=3+March+2012).

In the mean time the non-TUC nurses' "union", the Royal College of Nursing (RCN) are equivocating following a poor turnout in a consultative ballot, but have not accepted that their members should work longer and pay more to get less (http://m.nursingtimes.net/5042067.article).

UNISON is the largest and most important trade union in the health service but - unlike in local government - we don't have such overwhelming numbers that our decision alone is utterly decisive.

On the face of their "final offer" on the NHS Pension Scheme, the Government make clear that; "If the proposals are not accepted by a sufficient number of Trade Unions, the Government reserves its position on all aspects of this proposed scheme design."

Although it may not be much of a threat that they might withdraw an "offer" which, the Government Actuaries Department (GAD) confirm, is within the same cost ceiling as the "Reference Scheme" offered on 2 November, it does beg the question of where the dispute might go, on each side, if enough unions reject the offer - and of what a "sufficient number" of trade unions will turn out to be.

Incidentally, GAD assume, for the purposes of valuing the scheme, that earnings growth will exceed the Consumer Prices Index (CPI) by 2.25% a year in the long run, which rather puts into perspective the misleading implication in UNISON's published commentary on the Heads of Agreement that a revaluation rate of CPI+1.5% is somehow "better" than revaluation in line with earnings growth, because earnings have fallen behind prices in the recent past.

The whole point of the work undertaken by GAD is surely that you can only assess the value of a CARE pension scheme on the basis of the interplay of the accrual rate and the revaluation rate (considered in the light of the contribution rate). The GAD valuation underlines that it would be dishonest to brag to members about the "better" accrual rate compared to the "Reference scheme" without acknowledging that this is offset by the less favourable revaluation rate. The detail of the information we put before our members will be an indication of our integrity.

As to the question "What if enough health workers reject the Tory Coalition's pensions robbery which would see them working until 68, whilst paying more to get less?" I think the answer to that question is still that we could deliver a unified fight on pensions across the public sector which could win a better settlement.

Key to realising this potential would be a clear recognition on the part of our leadership, that this battle is part of the general war which the Government have declared upon us (and is therefore inextricably linked to the fights over pay, jobs and the defence of the Welfare State and NHS) - and a serious effort to develop this recognition amongst our members.

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Saturday, March 10, 2012

Pensions and Equality - the case against haste

The useful website of UNISON's London Ambulance Service Branch has a link to the proposed Agreement on the 2015 NHS Pension Scheme (http://news.lasunison.eu/?p=559). This is to be considered by the Health Service Group Executive (SGE) on 21 March.

Reading the Agreement throws up a new - and very important - question touching upon the timetable for trade union decisionmaking about the proposed Agreement.

Annex F to the Agreement deals with the vital question of conducting an Equality Impact Assessment of the new scheme. The Annex clearly applies equally to the other unfunded schemes and indicates that the following approach will be taken;

• The equality impact assessments will be conducted by the relevant sponsoring departments. In addition, the Government will conduct a central analysis in order to compare and assess the impact across all of the schemes.

• The timescale for the assessment is pressing, and the process must be completed in good time to allow the analysis to influence decision making and the conclusion of the policy development process, prior to the introduction of legislation. Departments will therefore aim to complete the EIAs by the end of May 2012.

• The Government will then complete the central analysis over the following four weeks.

• The central working group will meet in June to discuss the analysis and consider any further action.

UNISON takes the question of equality impact assessments very seriously. Our guidance to our local government branches (http://www.unison.org.uk/acrobat/AA9891.pdf) states; "It is an overriding principle that UNISON avoids entering into an arrangement that introduces or extends inequality as a result of a cuts package. Care must be taken in agreeing to changes in collective agreements or employer action to change contracts of employment."

"UNISON's policy is that cuts in jobs, terms and conditions, and restructuring should be regarded as having 'high relevance' and be fully impact assessed."

"The (general equality) duty is complied with before and at the time that a particular policy is under consideration and a decision is taken. A public authority cannot satisfy the duty by justifying a decision after it has been taken."

In other words, UNISON rightly tells our branches to use the public sector equality duty to insist that employers carry out, and consult upon, equality impact assessments in advance of decisions about, amongst other things, pay and conditions (and therefore pensions).

UNISON's guidance is founded on case law relating to an earlier equality duty, equally relevant today (http://www.bailii.org/ew/cases/EWHC/Admin/2008/2062.html); "The jurisprudence relative to the issues reinforces the importance of considering the impact of any proposed policy before it is adopted... ...The need for advanced consideration must be distinguished from the use of such impact assessments for a rearguard action following a concluded decision... ...What is important is that (an) equality impact assessment should be an integral part of the formation of a proposed policy, not justification for its adoption... ...Time is needed to consider the impact of any assessment. The suggestion that a policy can be adopted contingent on such assessment smacks - of policy-based evidence rather than evidence-based policy."

In other words, referring to my English-Judge Judge-English Dictionary, consideration of the public sector equality duty must precede decision-making. It is not consistent with the public sector equality duty to agree a policy on the basis that you'll do an equality impact assessment later and revise the policy if you must.

So how could we possibly ballot our members in health on the 2015 Pension Scheme before the Equality Impact Assessment had been carried out?

How could the SGE make a recommendation to members without knowing the outcome of such an assessment?

If we seriously mean our advice to our branches about the importance of equality impact assessments (and I believe we do) then we cannot make ourselves hypocrites by failing to follow our own advice about something as centrally important as the NHS Pension Scheme.

That would contravene our "overriding principle that UNISON avoids entering into an arrangement that introduces or extends inequality" because we would not have the evidence from the equality impact assessment before taking our decision.

Surely the SGE must conclude that we cannot recommend changes to a pension scheme concerning which no equality impact assessment has yet been undertaken?

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