Link to our basic workers rights flyer - update for 2021 rates

https://drive.google.com/file/d/1FoFDAAFjrIZ2Oy6PJuzBarR3ZUl24flO/view?usp=sharing 

Rank and file guide to health and safety law and Covid

 

Involvement in Risk Assessments:

Some Tips for Safety Reps

Craig Lewis

 

Safety rep rights to consultation:

This is just a very basic summary of union safety rep consultation rights and some tips on using them. Safety reps in many ways have stronger legal rights to act on behalf of members. But they need to be properly trained on UCU or TUC safety rep courses to fully understand all the opportunities this provides for us to improve and protect safety and health of our members at work

The law requires employers to consult with union appointed safety reps on any changes at work that will impact health and safety. This would include the measures they intend to implement as part of their Covid-19 risk assessments. Consultation must take place before any new measures are introduced into the workplace. Union appointed H&S reps have other rights to be consulted over health and safety under the SRSC regulations and be given employer H&S information on request including risk assessment documentation. See TUC factsheet attached for details of the regulations, guidance and approved codes of practice that reps can use if necessary to assert their rights to consultation.

How to make the most of your consultation rights:

Approach management and request a meeting don’t wait for management to call you in or call a safety committee. Covid-19 assessments are a matter of urgency.

1.     Before the risk assessment: Consult with management before they do the risk assessments to discuss how they intend to carry them out, who the competent person(s) will be and how they intend to work through the hierarchy of measures.

 

2.     During the risk assessment process. Should reps get involved in the actual risk assessment process itself? Opinion differs on whether reps should jointly carry out the risk assessments with management. Reps have an intimate and practical knowledge of how the College works and can therefore add that to the process of identifying and assessing risk, as well as help identify suitable control measures. But reps should not take on the role of “competent person” on behalf of management. Therefore they should not sign off a risk assessment as being “suitable and sufficient” if asked to do so. (see below).  Whether reps take part directly in the risk assessment or not, they have an absolute right to examine management’s risk assessments, raise concerns and ask for changes, before any Covid-19 control measures are introduced.   Some of the things to check might include:

 

o   Do you think all possible Covid-19 associated risks have been identified?

o   Has management correctly assessed the severity and likelihood of the risk occurring?

o   Has management included all those likely to be harmed in the RAs?

o   Has management followed the hierarchy of controls and done as much as possible to reduce risk of infection?

o   Are protective measures adequate including provision of suitable ppe?

o   Is information on the protective measures clear and available to all who need it?

o   Have all the control measures been implemented?

o   Is there a clear plan for reviewing and monitoring the control measures?

o   Are safety reps involved in the review and monitoring procedures?

o   Are those appointed as competent persons trained in their duties, do they have H&S qualifications and the authority to ensure the controls identified in the RA are implemented and managed?

 

3.     After the risk assessment is complete and control measures have been implemented reps should be included in the review and monitoring process. Again it may be useful to do this jointly with management if possible. But be careful of allowing management to direct the process. If you or your members have any concerns about the adequacy of the measures, or about how they are being implemented and supervised raise them and put them in writing or have them minuted in review meetings.

This is by no means an exhaustive list. Support for safety reps engaged with risk assessments is widely available from HSE, TUC, UCU and other union sources. (see links below).

Inspections rights and risk assessments.

1.     Reps have rights to do independent inspections and must be given time and facilities to do them (SRSC reg. 4, 5, 6, 7). Risk assessments do not replace your right to do independent inspections.

 

2.     If you find that management are not properly consulting on any aspect of the RA process you can use your inspection rights to conduct your own review of the risk assessments and the operation of the control measures.

 

3.     You do not have to inform management that you intend to inspect but its good practice to do so.

 

4.     You can talk to members privately as part of your inspection; management must give you facilities to do this (SRSC regs 4,5,6).

 

5.     Any concerns you identify in your inspection should be reported in writing to management and you should ask them to acknowledge receipt.

 

6.     Also circulate copies to members so that they are aware of potential safety risks.

 

Dealing with serious and imminent danger:

1.     Your employer should have agreed procedures with the Union to stop work where there is a serious and imminent danger (MHSAW regulations: reg 8).  If they haven’t, now would be a good time for them to be informed of their legal duty to do so!

 

2.     If no imminent danger procedures are in place and reps reasonably believe they have identified a serious or imminent danger of infection then inform members immediately.

 

3.     Reps should remind members of their right under employment law to refuse to work whilst exposed to such risks. Members are protected from any detriment or disciplinary action if they exercise this right. (Employment Relations Act Part V section 44). 

 

4.     The members do not have to prove they have a “reasonable belief” that the risk is serious and imminent.

 

5.     Do not be seen to induce members to take collective action however. Inform the Wales UCU office if members exercise their right to stop work and remove themselves from the danger.

Don’t allow management to dilute the safety rep role.

1.     Remember as a safety rep you should not act as a “competent person” to do the risk assessment on behalf of management or “sign them off” as “suitable and sufficient”. This is not your job; risk assessment is a legal duty placed on the employer. The only legal duty placed on employees is to co-operate with the employer over health and safety by obeying legitimate health and safety rules and instructions, and not interfering with any equipment or other system provided for your safety and those of others.

 

2.     Under the SRSC regulations safety reps have legal protections for any action they take in the conduct of their functions as set out in the SRSC regulations (Reg. 4).  These include protection from any form of victimisation, disciplinary action etc.  However actions taken as a competent person on behalf of management are not protected.

Some useful links: (Obviously check UCU, UCU Cymru and WTUC health and safety web pages).

https://learning.elucidat.com/course/5eb42594092f7-5ebc26efb60ce

https://unitetheunion.org/why-join/member-services/health-and-safety/  (SRSC link)

https://unitetheunion.org/media/3069/009-riskassessandprocedures-2020-05-07.pdf

https://unitetheunion.org/media/3094/legal-s44-100-advice-to-members-returning-to-workplaces-200520.pdf

https://unitetheunion.org/media/2997/201-workplaceinfectioncontrols-20-04-01-v01c.pdf

https://www.unison.org.uk/at-work/education-services/

If the branch can afford it this is always a useful Guide:

http://www.lrd.org.uk/db/downloads/Health_safety_law%202020.pdf

TUC fact sheet on consultation rights – attached

This is a sample checklist for reviewing and monitoring the controls or helping reps do Covid-19 inspections if necessary. Obviously it would need to be adapted for College use. NB It is not to be used to conduct the actual risk assessment:

file:///C:/Users/craig/AppData/Local/Packages/Microsoft.MicrosoftEdge_8wekyb3d8bbwe/TempState/Downloads/wvp-covid-19-checklist-final%20(1).pdf

 

 

 

 

 

Militant trade unionism - fighting with the members - a guide and discussion

 

Militant trade unionism - a short guide

Len Arthur & Craig Lewis

We are all living through a time of multiple crises brought about by an economic system that has disrupted nature and is upending the lives of millions of workers worldwide. Workers experience these crises most directly through the impact on their working lives as employers seek to protect profitability or to capitalise on these crises by restructuring their businesses.  Never therefore has workplace struggle been more important in protecting working class interests. Never has there been more need to connect the fight to protect jobs, living standards and employment conditions with wider resistance to a system that inevitably seeks to put profit before people. Yet in the UK and throughout much of Europe trade union organisation, activity and membership has been in decline for decades. Compromised by the virus of “Social Partnership” it has rarely been weaker. Never has the need to rebuild workplace confidence and solidarity been more urgent.  This practical short guide is intended to help reps and activists, at the sharp end to renew union militancy, and help workers understand they are not powerless in the workplace.

A power struggle is inherent in the workplace

The workplace remains the source of value and profit for those who own the means of production. Marx is correct, it is labour power that adds value; and profit is derived from the surplus value that is not returned to workers as wages. Constant cost pressures in the public sector result in the same aim to keep wages and Labour costs down. Again as Marx argued, the more surplus value that can be pumped out of workers the greater the profit. 

It is a naked power struggle to hold down the wage bill: quantitatively through a longer working day without more pay or producing the same or a greater output with less workers; or qualitatively through faster work, work organisation or substituting capital for Labour. Like all naked power struggles it is not rocket science but is often dressed up to appear to be so.

The consequence is that everyday in every workplace, hour by hour, a battle is taking place over work and pay. It takes all forms but It is always present. The individual worker is in a weak position faced with the employers power. Right from the word go the worker enters into an individual contract that they have little say over and a work situation where the employer determines the nature of the work and the effort expected.  A work process which is constantly changing and subject to supervision and discipline. It is an inherently unstable and conflictual relationship and daily is the source of concerns, worries and justifiable grievances. Even once in work, it is only those workers with a high level of work discretion and skill that have some individual bargaining power. 

Management's sole aim is to up the rate of surplus value whilst at the same time trying to ensure output is just about sufficient to be realisable. This job is made easier if all employees can be persuaded to accept that their work and contractual relationship is individual and not collective. A complete fictional illusion which hides the imbalance of power between worker and employer and obscures the fact that all production is the result of a collective social and cooperative interaction.

Enter the union

The aim of the union is to destroy this fiction, is to build the conscious understanding that all work is collective and that ultimately all value added should belong to those who created it: collective and democratic ownership and control of the means of production.

So that is the aim, how do we start to get there?

1 - organising, recruiting and recognition

As work and personal histories vary, there will already be workers who understand the employer's game and will be willing, if asked, to join a union. Some will on grounds of already being a socialist others as they understand that work is in some way unjust. These are the first recruits and may be small in number and the socialists will be the longer lasting as they probably accept the justice and necessity of the end game.

Then there will be those who waiver but are ‘winnable on issues’. This group will vary in size and enthusiasm over time but the workplace produces a constant stream of issues and grievances so there is always something to collectively mobilise around. Then there are the workplace Tories who love the boss, take in the individual approach to work as they believe they are the chosen ‘blue eyed boys’.

 

So the aim is clear, recruit the socialists, identify issues to fight over collectively to win the middle grounds sufficiently to force the blue eyed Tories into a minority.

2 - issues and grievances. 

Taking these up constantly is the bricks and mortar of building the union as a collective organisation in the workplace. Constant pressure from the employer creates constant issues. The key is to make every issue a collective issue. An injury to one is an injury to all. Even individual grievances. 

The aim is always to develop collective action to win. At the most basic and constant is keeping all members informed about what is being taken up, asking for their advice and collective support, always thinking of the thirds: those with you, winnable on issues and likely not to support. You can be absolutely sure that what one member is experiencing half a dozen others are as well. 

Then it is always critical to turn defence into offence by having s programme of demands for winning improvements in pay and conditions, but also in addition, greater control over employer and managerial power through collective agreements, open and collective negotiations. Nothing should be excluded from the demands always thinking of them being transitional - supportable and reasonable to members but fundementally challenging for the employer - ranging from procedural agreements covering discipline, grievances, safety, discrimination, open books through to the direct election of management and control over finance and investmemt.

3 - collective action

Demands need arguing and campaigning for but winning them is a power struggle and workers power is to act collectively to break the individual contract narrative that employers promote and benefit from. Again don’t forget the ‘thirds’ argument make sure your key supporters are involved and that will help to work outward to others. The possibilities of collective action is vast and workers are always inventing new ways of fighting back. However the key always is that the employer needs our labour power and control over the means of production and we have to collectively deprive them of that control. 

The most effective action is indefinite - not a time limited protest - generalisable to other workers in other unions and workplace and, if possible, to communities. Strikes deprive employers of labour power occupations are even better as they deprive the employer of every source of profit and control. Of course it may not be possible to deliver this level of action but any collective action short of this is worth doing as it is a start and once workers are acting collectively it can build. Building and taking collective resistance changes workers' ideas and attitudes and strengthens the core group of activists that you are trying to build in the workplace.

4 - active, open and constantly accountable leadership

Holding a union office is a great honour and responsibility. The most effective positions for those who are socialists are those that are directly and daily accountable to members, such as a workplace representative or branch officer. It is critically important not to get distant from the day job. If time is allowed for union work it must not take over the day job. The aim for local workplace union representatives is to always be available to those who elected you. Being available means always being open and honest: never have secrets from members, always be realistic about the balance of power and what needs to be done to challenge the employer effectively, and above all, never promise to personally deliver, only collective action can.

 

The fundamentals of this form of leadership is constant information to all members through branch meetings and in writing. Newsletter should possibly be weekly. Not only does this prepare the ground for action by constantly making available a collective alternative to the employers personal narrative, it enables arguments for demands, collectivisation of grievances and links to be made with local issues and wider social, economic and political developments such as government policy and other battles. Essentially the old adage - organise, educate, agitate. 

Finally of course trade union leadership is collective leadership and worker representatives in a workplace, whatever union, should meet together at least weekly to prioritise action, generalise grievances and build collective solidarity. 

5 -  take the wider union seriously but don’t get sucked in

Making connections with rank and file members of other workplaces and branches is the key to making the union more effective for the members through expanding solidarity. Some unions have rank and file organisations already but check out the politics. Rank and file networks can be built around campaigns and action but need a programme to be sustained over a period of time together with regular meetings. The key element of a rank and file programme is the old slogan ‘we will support the officials and union leaders so long as they rightly represent the members but reserve the right to act independently if they don’t’. 

A rank and file programme would include all the key demands to extend collective unity in action to improve pay, conditions and workplace control as well as a commitment to taking effective industrial action, ways of expanding union organisation and holding full time officials and union officers to account such as all being subject to election and receiving the average pay of members. Again the importance of identifying those members in other branches who are politically committed to rank and file trade union action is critical. Attending union conferences and other national or regional sectional meetings is really only useful if there is a rank and file network in existence or being built. 

Full time officers and other union officials are usually most useful and supportive however they can tend to emphasise negotiation and play down action. So if you think it is necessary, stand your ground. This has become even more important in recent years with the decline in trade union organisation and member confidence. Full time officials and even key lay officers have come to dominate the decision making processes at all levels in many unions. But remember the officials are not “the enemy”.  Even the most bureaucratic will respond to pressure from a well organised rank and file membership.  

6 - negotiations. 

Winning anything from the employers will at one stage or another involve some negotiations. There are some basic ground rules. Never negotiate by yourself. Always have an agenda of demands with detailed arguments that have been agreed by the members. In a sense the employers know that all union members are fully informed of the issues being raised and are fully in support as a result of branch meetings - or even better, action, its the key factor in any negotiations.

Always prepare well with a pre-meeting and prepare to adjourn the negotiations for further union side discussions if unexpected issues come up. Always bear in mind the golden rule ‘what exactly is it you want management to do when you or they leave the room; by when; how will they report back; get it in writing. 

Always keep minutes of the negotiations and ensure these are reported back to members ASAP after they finish for the day. The written bit of an agreement is often best drafted by the union side and submitted for agreement to the employer. 

Employers always have a staged way of negotiating or undermining an agreement it goes like this:

Establishing the problem

• At first they will deny there is a problem to consider

• Then they may accept there is a problem but it is not as bad or as extensive as you say

• They may also say that the problem is or has been dealt with.

• At the stage of agreeing there is a problem and that they will do something about it the first argument will be to say ‘leave it with us’ and we will sort it.

• If they are persuaded that the union suggestions will be considered they will make a great play of taking them seriously, giving them thought and then endless delay doing anything.

Negotiation stages

• Once agreeing to take the unions case they will agree with some suggestions and not others to divide the workforce.

• If haggling does actually start then make sure the union has red lines which it will not retreat beyond and will leave the negotiations. This is often when many adjournments take place.

• Employers may also suggest that a signed agreement is not necessary and a code of good practice will take care of the issue. Only an agreement is acceptable. 

• Any draft agreement needs to be circulated to all members and agreed by them through branch meetings and other processes such as a ballot. 

• Finally when an agreement is ready for signing make sure it is written and all copies are signed. 

• Any agreement needs to be referred to in all employment contracts as being part of that contract. 

• Ensure that the agreement covers all workers and all workers employed from the date of agreement onwards. It may be that it is incorporated into an employee handbook that is cross referenced to any contract. 

Implementation and policing

• The next stage of opposition is a failure by the employer to implement the agreement - so no information is given to lower management.

• Or it is implemented for a short period and gradually the old practices return

• It is only through collective organisation in the workplace that this danger can be stopped and by all union members and representatives having full information about the agreement and how it should work. 

You have been warned and armed!

Updated BtZ Wales flyer PDF

Welsh

https://drive.google.com/file/d/1YaUeqRxZn3C-vujBZ7PHS2k3nTR6fdHY/view?usp=sharing

English

https://drive.google.com/file/d/167Q4JeicWUShDtooYFPxPPok2ukpMpBo/view

Report of 4 October working meeting

Better than Zero Wales

Working group meeting 4 October 2018 - report of decisions and actions

1. There were eight supporters present and five apologies had been received.
2. Introductions showed that there was representation from UCU Wales branches, Unite services, Unite community - four present, Cardiff TUC, Labour Party, Momentum, People’s Assembly Wales and Left Unity. Those not on the email list agreed to join.
3. Discussion and action

Following a discussion about the background of BtZ Scotland and Wales and how to take the fight against precarious and super exploitative work forward through renewing trade union membership and action it was agreed:

·        We organise a day of action in Cardiff on Saturday 10 November starting at 12.30 by the Aneurin Bevan statue. Stalls and gazebos will be organised together with recruitment literature from all unions prepared to supply it. Our basic BtW flyer will form the main part of the campaign with the aim of contacting people who wish to start to organise at work.

A FB event page will be set up via the BtZ Wales page and other forms of publicity and action developed.

[Since this discussion it has been suggested that we consider using the slogan ‘make Cardiff a £10 per hour city’ to cover the day of action and we work with others to develop the campaigning around the day. It may also be the case that other towns in Wales might like to coordinate with us].

LA to coordinate the offers of help from the meeting.

·        Agreed that perhaps the day before or following the event we use the same format outside the Cardiff Students Union in Park Place.

·        Agreed that following this event and nearer Christmas we organise a get together party with Bryan Simpson BtZ organiser from Scotland speaking, together with some of his younger members. LA to contact Bryan for availability AJ to work with Cardiff Italian supporters to organise the party.

·        Unison Community would use our flyer on the claimants stalls.

·        Directing action at a particular employer was considered with some possibilities mentioned.

·         

The meeting ended with a collection for the room and the remaining balance of £8.00 was paid into the RCT PA account as this had been used so far to provide financial support for BtZ Wales and had covered the cost of our flyers.

Our PDF flyer on workers basic rights

Here is the updated flyer - from October 2019 with the current rates and other typos hopefully sorted.

Please use this link for sharing and printing.

Mass 'flyering' sessions around Wales being organised.

https://drive.google.com/file/d/1whnMu5Xkb9MvXSnvP8MliivQDN5Oo1zw/view?usp=sharing

Here are the key arguments for this campaign:

https://www.planetmagazine.org.uk/planet-online/230/len-arthur

Expose employer exploitation in Wales

OK all we need to start to get things moving in Wales.

We can build and act at the same time by starting to publish examples of how workers are taken advantage of across Wales.

Please see our pinned post of your basic rights to see what you are entitled to as a minimum.

Just by revealing what is happening to people will encourage others to recognise what is happening to them and speak up.

At the same time we are starting to expose employers who treat their workers unacceptably.

Take a look at the Betterthanzero FB page in Scotland to get some idea of what is being spoken about and revealed.

The next stage is organising - getting workers faced with these employers to decide what contractual improvements they would like at work and get campaigning and trade union building.

But first let's get publishing.

You can contact us through the messenger on this page; join and post on the page FB group - accessed through the 'community' link on the left - or email us through peoplesassemblywales0@gmail.com

We are all experienced retired or active trade unionists involved in this campaign and are used to dealing with issues in confidence, if that is what you require. We can also refer issues on to the relevant trade union.

https://www.facebook.com/bebetterthanzero/

https://www.facebook.com/betterthanzerowales/