Trade Union Resources and the Transparency

Shared Services Joint Advisory Committee
15 September 2014
Trade Union Resources and the Transparency
Code for Local Government 2014
For Recommendation
Brief holder (s): Cllr Byatt, Corporate Affairs & Continuous
Improvement
Executive champion (s): A Alford, Corporate Champion
Service Manager: Melanie Earnshaw, Corporate Services Manager
Director: Jason Vaughan, Director of Resources
1. Purpose of Report
1.1 To recommend to Management Committee and Executive Committee the future
level of resources afforded to trade union time off arrangements.
1.2 To outline the information to be published to satisfy the requirements of the
Transparency Code for Local Government.
2. Officer Recommendation
2.1
That the Committee supports the approach to time off arrangements for trade
union officers set out in the report;
2.2
That the Committee supports the recommendation to fund a continuation of
additional support for the local branch of UNISON for a fixed period;
2.2
That the Committee notes the information to be published as required by the
Transparency Code for Local Government.
3. Reason for Recommendation
3.1
In 2011 the councils agreed to fund a full time UNISON branch officer post for
a fixed term to support staff and the organisation through implementation of
the shared service partnership. This funding arrangement expired at the end
of August. However the workload of union representatives produced by the
continuing changes affecting the workforce continues to be high. Continuation
of the funding, but at a reduced level, has therefore been requested by unions
and is supported by management.
3.2
The level of trade union resources and time off arrangements need to be kept
under review to ensure that time off arrangements are reasonable and
sufficient to maintain good employee relations in a period of continuous
change for the workforce.
3.3
The Transparency Code for Local Government requires local authorities to
publish information about the resources spent on trade union activities.
4. Time off arrangements – the law
4.1
The partnership has a formal recognition and bargaining agreement with 3
trade unions; GMB, UNISON and UNITE. This arrangement is the mechanism
by which management carries out the formal negotiations and consultations
which are required by statute or as a matter of contract law to vary terms and
conditions of employment or consult with staff when redundancies or the
transfer of services are being considered. If trade unions were not recognised
the partnership would be required to set up alternative arrangements with
some form of representative staff body.
4.1
Management records indicate that UNISON has approximately 275 members
representing 48% of the workforce. The combined numbers of UNITE and
GMB members are less than 25.
4.2
GMB has one elected steward. UNISON has 10 elected officers plus 9
elected workplace stewards. UNITE has no workplace officers, its members
are represented by a regional branch officer where required.
4.3
There is a statutory right to reasonable time off for trade union duties. Duties
are defined as:
 Negotiations with the employer for the purposes of collective bargaining
and preparation and reporting back to members on the outcome
 Receipt of information and consultation to satisfy statutory redundancy
and TUPE requirements
 For health and safety representatives as necessary to perform their
functions
 Accompany a worker at a grievance or disciplinary meeting
4.4
Time off for trade union activities such as attending trade union meetings and
training must be allowed but need not be paid. Locally time off for trade union
activities has been paid.
4.5
The definition of ‘reasonable’ time off will depend on the circumstances
including the operational needs of the service and the size and resources of
the employer.
5.
Trade union resources - local arrangements
5.1
Alongside these statutory provisions the partnership has local time off
arrangements set out in an appendix to the recognition agreement agreed
with unions in September 2011. This agreement includes arrangements for
paid facilities time in which key trade union officers carry out their activities
and duties.
5.2
The following paid facilities time has been allowed:
 UNISON Branch Secretary - 2 days per week
 UNISON Assistant Branch Secretary - 2 days per week.
 GMB steward – 1 day per week (although in practice less than this has
been possible due to the operational demands for the post holder).
5.3
Other trade union representatives have ad hoc, paid time off to carry out trade
union activities and duties e.g. work as health and safety representatives,
attending negotiating meetings with management or delivering joint
briefings/surgeries for staff on JE or office moves.
5.4
The post of full-time union branch officer, on a fixed term contract of up to 2
years was approved in 2011 in order to support implementation of the
partnership. Funding for this post expired at the end of August 2014. The post
was due for review but in the event this did not happen. The post holder was
redeployed into a vacant post before the end of the period.
6. Organisational change and the workforce
6.1
Since 2011, as members are aware there have been very significant changes
in the workforce which have required the support and involvement of trade
unions:

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




6.2
Successful TUPE of West Dorset staff and placement of staff in new
partnership roles
Completion of collective agreement on new terms and conditions
Consultation on a new set of key HR policies and procedures
Design and delivery with management of Job Evaluation for all staff
posts
Collective agreement on new pay and grading
TUPE transfer of waste and cleansing staff to Dorset Waste
Partnership and leisure staff to the new provider at Thomas Hardy
leisure Centre
Working constructively with the HR team to resolve complex grievance,
absence and discipline cases and support staff leaving the organisation
through redundancy
In the same period the size of the combined workforce has reduced by almost
half as a result of large-scale transfers of staff to different service providers
(e.g. Dorset Waste Partnership), ceasing to operate Weymouth Pavilion,
redundancies and restructures to remove vacant posts lost through natural
wastage. The employee headcount for the 2 councils in July 2011 was 1040
(including casual staff). The headcount as at July 2014 was 513 plus
approximately 20 casual staff.
6.3
Working with trade unions a new, single set of HR policies and procedures
has been introduced to replace 2 out of date sets of policies for the 2 councils.
Managers and supervisors have been trained in use of these policies. We
have also reviewed and updated our organisational change procedures
learning from the considerable experience gained in the original partnership
restructure. Unions have been consulted on these new processes and
changes made in the light of their comments. In consequence HR, managers
and unions are better equipped and should be more efficient in the difficult
process of taking staff through further organisational change.
6.4
Constructive trade union representation and support for union members is
invaluable to good employee relations and delivering corporate objectives
such as reducing absence rates and delivering the service review programme.
Inadequate trade union resources will result in HR and managers having to
deal with protracted and time consuming staffing issues which good trade
union representation can resolve at an early stage.
6.5
It is noteworthy that the only claims going to the employment tribunal in the
past 3 years have been from employees or former employees who have not
been supported by representatives of a recognised trade union.
6.6
However all areas of the councils’ operations are expected to increase
efficiency and to do more with less and the resources directed to trade unions
are no exception.
6.7
Both management and unions accept that there are opportunities to
streamline processes and better prioritise work but this will take a period of
review and adjustment. UNISON has therefore requested an extension of
current funding for facilities time for 2 years but at a reduced level of the
equivalent of 3 days a week. Management support this request to the end of
the financial year. A request for funding for future financial years would be
included in the budget setting process for decision by members in the usual
way.
7. Recommended level of trade union resources for next stage of
the partnership
7.1
The level of change activity for the workforce will continue to be intense over
the next 3 years and UNISON has therefore requested additional paid
facilities time of 3 days per week to be able to meet this demand in the
absence of the full-time branch officer. Management and unions consider that
this allowance should be reduced over time and therefore a request has been
made for 3 additional days per week to the end of the financial year and 2
days per week for the remainder of a 2 year period. The following level of
trade union resources are therefore recommended:


No extension to funding for the full time branch officer post
Existing 4 days per week facilities time for UNISON continues

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An additional 3 days per week facilities time for UNISON until 31 March
2015
Additional 2 days per week facilities time 1 April 2015 to 30 September
2016
GMB union is provided with one day per fortnight facilities time for up to
2 years subject to review after 1 year
Paid time off for trade union activities continues in line with current
arrangements. This ad hoc time off is recorded using the flexi-time
recording system and kept under review.
The cost of the additional facilities time is set out in Paragraph
8.
Transparency Code for Local Government
8.1
New requirements to publish information relating to local authority expenditure
on trade union facilities time are now set out in the revised Transparency
Code for Local Government 2014. This information, to be published annually,
must include the following:
Required information
Total number (absolute number and full time
equivalent) of staff who are union
representatives (including general, learning and
health and safety representatives)
Partnership
response
20
Total number (absolute number and full time
equivalent) of union representatives who devote
at least 50 per cent of their time to union activity
None at present
(subject to decision
of members on this
report)
The names of all trade unions represented in the GMB, UNISON,
local authority
UNITE
A basic estimate of spending on unions as a
percentage of the total pay bill (calculated as the
number of full time equivalent days spent on
union activities multiplied by the average salary
divided by the total pay bill).
TBA once decision
of members taken
This information will be published once the decision of members has been
taken.
9. Financial Considerations
9.1
Funding for the full time UNISON branch officer post was £30,000. This
funding has come to an end. Funding for existing time off arrangements and
GMB time off are within budget.
9.2
Funding for the additional facilities time requested by UNISON is at a cost of
£6,000 per annum for each day allowed.
10. Legal/Statutory Power
10.1
Statutory requirements to consult with unions on TUPE transfers and large
scale redundancies are set out in the Trade Union and Labour Relations
(Consolidation) Act 1992. The duty to consult with unions on health and
safety matters is a requirement of the Safety Representatives and Safety
Committees Regulations 1977
11. Human Resources (including Health & Safety)
11.1
Trade union representatives carry out work as health and safety
representatives for which they have paid time off.
12. Risk Management
12.1
Poor employee relations present a risk to delivering the councils’ objectives.
Inadequate trade union resources may prolong or exacerbate difficult staffing
issues and place an extra burden on HR and management.
13. Reputation, including Communications and Consultation
13.1
The proposals have been discussed with union representatives. As set out in
the report the Transparency Code now requires councils to publish
information about the resources allowed for trade union facilities.
14. Equalities
14.1
None identified
15. Crime and Disorder
15.1
None identified
16. Environmental Considerations
16.1
None identified
17. Economic Impact Assessment
Is the proposal likely to lead to an increase in the level of skills needed in the local
workforce?
Is the proposal likely to lead to growth in local employment?
Is the proposal likely to lead to growth in the number of businesses?
If the overall economic implications are seen as negative what mitigating factors
have been considered?
18. Corporate Plan (links to corporate aims & priorities)
18.1
Well managed council
19. Appendices
19.1
None
20. Background Documents
20.1
Transparency Code for Local Government Recognition Agreement
Report Author & Contact: Melanie Earnshaw, Corporate Services
Manager
Telephone: 01305 838212
Email: [email protected]

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