Where's the Justice?

It is International Womens Day on the 8th of March.

This year the PCS focus is to take action to close the gender pay gap. Women who deliver government services and contracts have a pay gap above the UK average. Please take a few minutes to email your MP via the following link and ask them to end this injustice: http://e-activist.com/ea-campaign/clientcampaign.do?ea.client.id=103&ea.campaign.id=2723

Find out more about IWD here: http://www.pcs.org.uk/en/equality/womens_equality_toolkit/index.cfm
and here;
http://www.internationalwomensday.com/

Update on the National Pay Campaign

A message from Mark Serwotka








http://www.pcs.org.uk/en/campaigns/national-pay-campaign/pay-campaign--members-briefings/

The Cost of Eating

It has come to our attention that as from Monday 2nd March, the price of all chocolate, crisps and some cans and bottled drinks supplied on the trollies have been increased suriptitiously. We think this is particularily outrageous given that the economy is effectively in stagnation... meaning inflation is a thing of the past, and given that prices had already been raised and only a few months ago!

The trolley ladies have asked us not to blame them and we do not. We put the blame firmly on the shoulders of the greedy catering company that is exploiting our members. If like us you feel agrieved at this outrage you can make your feelings felt by faxing Mr Andrew Holt the catering manager on 63325. But please, spare the ladies.

Give Us A Break.... But In Our Own Time.

Part time staff will be aware of a recent change to the MOD Statement of Civilian Personnel Policy on Working Patterns and Defence Instruction Notice 2008DIN01-231 in which it stated:
"Part time staff are not entitled to a paid meal break (except MDP part time officers). If you work over 6 hours in a day you must take an unpaid break of at least 20 minutes in accordance with the Working Time Regulations."

Members had raised this as a matter of some concern as it impacted directly upon their childcare arrangements. The branch is pleased to report that this issue has been (temporarily*) resolved and SPVA HR Business Partner team have issued a new note to procedure which states the following:

"All part time staff are entitled to an unpaid break and staff should be encouraged to take a break if at all possible. However, taking care arrangements into consideration and to offer flexibility, it has been agreed with Director CTLB HR Business Partner Team and supported by Kim Humberstone DCS, that SPVA can adopt a pragmatic approach in the interim, pending a review of the MOD policy. This means that if you work part time in SPVA, you are not required to take a meal break. However you are entitled to take an unpaid break of at least 20 minutes if you work more than 6 hours per day. There is no change to the arrangements for full time staff."

*Motion A11 'Part Time Lunch Breaks', agreed at the AGM refers. The motion calls on the GEC to ensure that the rules are changed to become compliant with the law and that lunch breaks for part time staff below daily full time hours are an entitlement but not obligatory.

Everyman Theatre Ticket Offer

The Everyman Theatre on Hope Street, Liverpool (opp. Metropolitan Cathedral), would like to offer all PCS members a 2 for 1 offer on all tickets to see the Hounding of David Oluwale showing between the 3rd and 7th March at 7.30pm.

Any PCS member can call their Box Office on 0151 709 4776 and quote PCS Offer - and they will get 2 tickets for the price of one. This works out at about £6.25 each ticket.

http://www.eclipsetheatre.org.uk/

Goodbye Pat! Goodbye Royal Mail?

It seems that our current government is conspiring with the future one to the disadvantage of us all! (Not that this is surprising I suppose, given the Tories quick agreement with Jack Straw over the non disclosure of Cabinet minutes under FOI last week.)

If it is possible to do this with the post, what price OUR pensions and OUR jobs?

Meanwhile hundreds of billions of pounds of our money have been handed over free gratis to the bankers to pay their debts, their bonuses and their pensions. Yet apparently, £1.5 billion over the next 5 years is too much for us to invest in OUR Royal Mail?
http://www.guardian.co.uk/uk/2009/mar/02/royal-mail-privatisation-unions

If you wish to show solidarity with colleagues in the Communications Workers Union in their campaign "Keep The Post Public", they are holding a public rally on Friday 6th March in Albert Square, Manchester:

10.15 - Event Starts
10.30 – Speeches
11.00 - Balloon Launch
11.15–13.30 - Campaigning To Keep The Post Public

Are such things done on Albion's shore?

To mark the Convention on Modern Liberty, the children's author Philip Pullman has written this article:

http://www.timesonline.co.uk/tol/comment/columnists/guest_contributors/article5811412.ece


A further article here refers:

http://www.guardian.co.uk/uk/2009/mar/01/civil-liberties-conference

Annual General Meeting

The branch held its Annual General Meeting yesterday at the Briar Dene Hotel, Cleveleys, and around 40 members from Norcross, VWS and guests from local PCS branches attended.

Andy Boylan chaired the meeting and welcomed the attendees.

Paul Barnsley, MoD Group Secretary was the guest speaker and gave the keynote speech of the AGM. Paul is a PCS pay negotiator and gave members a great deal of information regarding the current pay offer and the unions position of opposition to it until various key elements are addressed.

The AGM then moved on to consider motions to MoD and National Conferences on a number of subjects. Some lively debates ensued.

Most of the motions were agreed by the AGM and where debate had taken place the decision was taken by a show of hands.

We also had a motion to change the name of the branch to SPVA National Branch. After much discussion the motion was defeated, therefore we retain our name for another year at least!

Paul Barnsley's keynotes to the AGM

2008 was a challenging year for us all in MoD. However, by working together we have responded to the threats that we face.

* On Protocols on jobs. The protocols are a national agreement that offer important new protections for PCS members from compulsory redundancy.
* On outsourcing Agreement on people consequences of outsourcing and privatisation. Protection from redundancy in an outsourcing situation + in-house options. Both of these agreements were won as a result of PCS member’s willingness to take action and demand fairness at work
*on the bonus New system, supported by over 96% of PCS members in the ballot. We are aware that over 97% of members got a bonus this year. There is more to do and we have agreed with MoD a fundamental review which will we hope see important improvements in the system for the 2010 reporting year...
*on conduct Major work on new PRG. Negotiations ongoing. PCS aim is to ensure that people are treated fairly and with respect. End bullying in MoD. Together we can tackle poor line management. Our reps are working very hard on personal cases to ensure that the agreements that we have are adhered to and that every member is treated fairly at work.
Promotion
/advancement Ongoing review. This will specifically look at promotion from E1 to D and also at promotion/advancement in the senior grades. PCS believes that the A&DC should be looked at specifically. We will also be seeking to make changes to LTTP reward arrangements and to the operation/award of LTTP
*on site closures Wins at Telford, SPVA Gloucester and elsewhere.

The key point is that together we can change things. We have learnt that through a mixture of hard bargaining, campaigning, lobbying politically and being prepared to take action where necessary, that we can win. We need members to be engaged in their union, we need more of you to volunteer to help us (whatever time you can afford) and we need to maintain our unity to win better terms and conditions at work.

Pay
The biggest challenge – as ever – is on pay.
You will by now have seen the Department’s offer. We believe that we have made good progress in most areas:
· Structure pay scales:
o E1 + E2 5 step min to max, D – 6 steps, C2 + above 7 steps. Contrast with 1999 where it was 132 steps from min to max at E1 for example.
o Scale shortening is vital because the pay band maxima is the rate for the job and we want all members to receive the rate for the job as quickly as possible. It also means less money has to be spent on progression and that new money can be focussed on improving the max/rate for the job.
· We have also achieved the end of overlapping between scales
· Significant minimum increases across the pay bands
· Additional progression payments – 8 years + 5 years in pay band worth an extra 3% in year 2 and 3 of the deal.
· 70-90% of our members will receive above inflation awards
· End of HSP/RRA from next year
· LTTP review – new rules on reward + appointments
· Performance pay review – new arrangement for the 2010 reporting year. We want to see a flatter reward structure and fewer bonus tiers.

So from where we have come, our union believes that we have made huge strides – again directly as a result of the action we took in MoD. The action we took has forced the employer to take our concerns seriously.

However, the MoD pay system is so poor we could never hope to fix all of the problems in one go – our GEC know we have more to do on pay and the offer remains rightly unacceptable to many members .

Problems
1. Not all members receive an above inflation award – this cannot be accepted considering the pay restraint that we have all suffered over the previous years.
2. The major problem however is the proposals at the E1 + E2 max. PCS totally opposes the current MoD proposals for staff in the E1 and E2 pay bands. We believe it would be completely unjust and unfair to penalise the lowest paid staff in the department by cutting their pay band maxima. It would be equally wrong to force thousands of hard working staff to accept non consolidated pay awards and also miss out on additional progression payments based on length of service. We will not recommend any offer that penalizes members in this way.
3. Overseas staff – removal of ILW proposals

Where we are
1. Department have notified us of their intention to pay first year of the offer. First payment will be in February pay packets including back pay
2. All staff will migrate to new 3% pay scale. So 2.5% + whatever it takes to move up to next highest spine point
3. Changes to E1 + E2 max will not take effect until May so we have some time to sort issue out

MoD has agreed to continue discussions in two areas:
1. On current offer
2. On the national agreement on pay between PCS and Cabinet Office/Treasury
The national agreement is crucial. Again, won through our members and union standing up for what is right. Signed on 1/12/08 after strike planned for 10/11/08 was called off to allow talks to take place.

The agreement for the first time:
· Says that there is no 2% limit on pay
· Allows departments to use money saved through efficiencies to improve pay. What this means. Talks will start as soon as remit guidance is published
· Allows us to directly improve the pay offer on the table
Over the next couple of months we will be testing the new national agreement.

For us the agreement must:
1. Allow us to resolve the E1 + E2 max issue
2. Put more money into members’ pockets
3. Allow all members to receive an award in line with inflation.
Some members have asked why Prospect and FDA have balloted members and we haven’t.
The reason is that we believe that we can improve the offer further. Whether we improve it enough you will decide in a ballot once we have completed talks.
If Government abides by the deal we are confident that the agreement will deliver significant sums of money. If it does not we will step up our campaign again until we win.

We will report back to members as quickly as possible.

To Sum Up
1. We have made great strides this year – but there is more to do.
2. Threats we face are huge:
o ACR/PLP/corporate services
o Change – EMR, TLB programmes etc
o Poor management
o Low pay and morale
3. Economic downturn - impact on government + media telling us we are lucky to have a job.
4. But we have proven that we can win when we work together - active involvement of members is vital.
5. Please actively support our union –the members are the union and we really need more people to step up and get involved. We will do everything we can to support new people.

Ammendment to Motion A13

Members at the AGM will recall that Motion A13 was debated and passed on proviso that it was re-worded. The following is the revised version:

A13 Motion to MoD Group Conference
Defence Training Provision

Since the machinery of Government change that moved WPA into MoD, without consultation, the Agency, in its many guises, has managed to maintain a Satellite Training Centre at Norcross. Conference applauds this as it believes that having training close to hand for all staff in the MoD is part of the Department’s equality duty.

Conference believes that staff who have caring responsibilities, be it for children or elder care, should not be forced to travel for training. Further, it might be that travel for training could constitute a breach of contract for any staff who are deemed non-mobile.

It is with grave concern, therefore that Conference notes the fact that the Defence Academy are reviewing the Defence Training Estate and that SPVA management have warned Norcross based staff that the satellite training facilities might be removed in this review. Conference are concerned that staff are being informed, at Norcross, that they may have to make round trips of either 391 miles (Glasgow) or 408 miles (Shrivenham) for compulsory training. The irony that this includes Equality Training is not lost on Conference. Conference fears that if it is threatened for members at Norcross then it will be happening in other parts of the MoD

Conference instructs the incoming GEC to:

1. ensure that the Defence Training Estate Review includes equality and Diversity Impact Assessments
2. ensure that a Satellite Training Centre is maintained at Norcross
3. ensure that provisions are made for all MoD staff that, for any compulsory training/management instigated training, the trainee has to travel no more than 1 hour, by public transport, from their base office
4. work with branches to create model grievances for members who, if forced to travel more one hour, feel that compulsory training is negatively impacting their work/life balance and publicise such grievances.

Hope Not Hate

The branch received this email over the weekend:
"I wanted you to be one of the first to know - the BNP have cancelled their march in Liverpool. Thanks to your support thousands of people signed our petition demanding the BNP cancelled their event. It worked - and was even mentioned in the Guardian yesterday. This just shows what we can do together. We won this time - but we need to grow our campaign so that we can respond to the next challenge faster and stronger.

We've won an important victory today - together we'll make sure that we can win tomorrow as well.Please invite your friends to help us - we've seen that it really works -http://action.hopenothate.org.uk/buildcampaign

Best wishes
Nick

'Hile!' on the Golden Mile?

How different our world might have looked!



http://www.guardian.co.uk/uk/2009/feb/23/hitler-blackpool-resort-plans

You've Got The X Factor

Make Your Vote Count
www.pcs.org.uk/myvc

The European Parliament is the only multinational parliamentary assembly in the world that is elected by universal suffrage and the next election to decide who will govern Europe will take place in the UK on Thursday 4
June 2009.

All in all, 27 member states will take part in these elections and some 500 million EU citizens will choose 736 Members of the European Parliament (MEPs).

The UK is divided into twelve regions for the European elections.This election will also include some unitary and county elections in different parts of the UK meaning that everyone has at least one vote on election day.

The first task we face is to encourage every member of our union, as well as our friends
and families, to register to vote and to take part. This is the only way we can stop the growth in electoral support for the far right.

The British National Party (BNP) and other far right parties already have an unprecedented number of elected representatives across the UK. Now their sights are set on winning a seat in Europe. The BNP want to push forward their own politics of hate and they pose a real threat to
all of us.

Our movement should always be proud to have taken part in defeating the fascists in the
past and we are still committed and able to defeat them again now.

But to be successful – people have to vote against the BNP and we all have to play our part in organising the campaign to mobilise the majority who agree that fascism is wrong and should have no place in our society.

Register to vote so we can defeat the BNP at the ballot box.

The voter registration deadline is 19 May.

If you need to register or want to apply for a postal vote visit:

www.aboutmyvote.co.uk

Hope Not Hate

Please take the time to follow this link and sign Hope Not Hate's petition against the BNP's planned march through Liverpool city centre on March 14th. Please also circulate it as widely as possible to friends and colleagues.

http://action.hopenothate.org.uk/page/s/stophate

Hope Not Hate intend to present the petition to Merseyside Police on 27th February as so far attempts to stop the planned march through discussions with the police have failed.

Don't allow the BNP to take over one of our city centres! Please sign the petition.

Branch meets with USoS and Minister for Veterans

Your branch representative met with Kevan Jones, the Under Secreatry of State and Minister for Veterans on 17th February. Although only a brief meeting, your representative was able to put before the Minister members concerns regarding what is the effective ongoing restructuring of the VWS and issues arising therefrom: staffing, accommodation and IT support. Additionally the issue of the increased MoD security impacting members ability to do their jobs effectively, in particular in communicating with stakeholders via

external internet connections was raised. The Minister agreed that a common sense approach should be taken in regard of handling personal information and has undertaken to take the issue away and look into it.

Learning For Life

The BBC have just launched a new website designed to assist adults to learn skills for everyday life.The site can be found here:

http://www.bbc.co.uk/raw/

The branch also has a small supply of 'quick read' books for loan. 'Quick read' is a scheme designed to encourage people to start reading as the books are fairly short and so aren't too off putting. They may also be of interest to those people who do enjoy reading and would like to borrow one to read during their breaks. If anyone is interested in borrowing a book please contact Rachel by e-mail (rachel dot wallace-dand at spva dot gsi dot gov dot uk)
or phone (62858).

MoD seeks to gag PCS representatives from speaking to the press.

PCS responds.

Introduction

The MoD press machine has long been accustomed to achieving media coverage favourable to the Department. But over the last year or two, the MoD has been put under pressure by PCS campaigning strategies that have included some notable successes of its own- this type of campaigning is part and parcel of what an "organising" union does, and PCS is committed to continue to keep up the pressure.

In the face of questionable MoD decisions to pursue privatisations, relocations, cut jobs and impose below inflation pay rises it would be grossly irresponsible of our union not to use all forums available to express the views of our members. The media is clearly one key forum. PCS is proud to be a membership led union and we will not apologise for highlighting the concerns raised by our members or for bringing them to wider attention. It is against this background that PCS media work takes on even greater importance.

The apparent initial strategy of the MoD in response has been to try to remain aloof from what it likes to call "press speculation" that has emerged as a consequence of certain stories being taken up in the media. However, as everybody knows remaining silent passes the initiative to those who have a different story to tell.
We are not surprised therefore to learn - from various parts of the Department - that the MoD has now unwisely begun to seek to gag PCS representatives under the guise of DIN 03-020.

We wish to the attention of all PCS Representatives the MoD Policy Rules and Guidance on this matter. "The Standards of Conduct and Behaviour" PRG - under the heading of Trades Unions Paragraph 19 and 20.

The paragraphs of the relevant PRG- under task 3, the section headed "Trade Unions" says:

19. If you are an elected official of a recognised trade union or staff association you do not need to obtain MoD authority if you are publicising your association’s or union’s view on an official matter which, because it directly affects the conditions of service of members, is of legitimate interest to them. (PCS underlining) This exemption does not apply to the (probably rare) case where the official duties of the union or association representative as a public servant are directly concerned with the matter in question.

20. You do not need permission to take part in activities organised by, or on behalf of, unions or staff associations, although conduct in public should still be consistent with the principles set out above. You must not comment on issues of a politically controversial nature and should obtain permission from a senior line manager (minimum B2 or equivalent) before attending conferences of a political nature in an official capacity.
The PRG makes specific mention of trade unions which lie outside the PRG’s general advice and instructions to MoD Civil Servants. It has never been the case that PCS representatives cannot talk to the press. It has always been understood that representatives need to make clear that they are speaking as accredited trade union representatives, not Civil Servants.

Conclusion

PCS will continue to represent its members through negotiations, consultations and by campaigning. PCS will not be gagged by anyone because our views - and that of our members - do not accord with the official line.

Local representatives are urged to continue to campaign on behalf of our members using the paragraphs of the above PRG as guidance. If representatives are unsure of how to proceed they should contact their Regional Liaison Officer in the first instance.


Paul Bemrose
Negotiations Officer

Please support the PCS campaign for fair pay in the public sector:

We the undersigned call for a change in the government's unjust public sector pay policy by removing the 2% pay cap. Instead we call for the government to offer pay deals that at least match inflation (retail price index) and ensure no cuts in living standards.

You can sign the petition online by following the link below:

http://www.pcs.org.uk/en/campaigns/national-pay-campaign/pay-petition.cfm

+++ MoD Pay Update +++

MoD Pay - Ongoing Discussions on Pay and E1/E2 Issues

PCS negotiators will meet the MoD pay team on Friday 23rd January 2009 for further discussions on the employer’s pay proposals for 2008-2011. We intend to start discussions on the following issues:

· Pay proposals for E1 and E2 max and the pay protection allowance
· Retained grades and market skills supplements (MSS)
· Agreed process for ongoing pay discussions
· Additional progression and the application of the payments
· Equal pay and age discrimination issues
· MoD admin costs budget
· 2009 Treasury Remit guidance (if possible)

A full report back on this meeting will be issued to PCS members shortly.

MoD proposals for the E1 and E2 Max

PCS totally opposes the current MoD proposals for staff in the E1 and E2 pay bands. We believe it would be completely unjust and unfair to penalise the lowest paid staff in the department by cutting their pay band maxima. It would be equally wrong to force thousands of hard working staff to accept non consolidated pay awards and also miss out on additional progression payments based on length of service.

Many PCS members have contacted us to make clear their anger at the proposals from the employer, and consultation with branches has revealed that this element specifically of the MoD proposal is totally unsatisfactory and that we cannot recommend acceptance of the award unless this issue is satisfactorily resolved.

Pay protection allowance

A number of members have contacted our union about the potential loss of pension entitlements if these proposals are enacted. In fact, the proposed pay protection allowance is fully pensionable. The allowance would top up the difference between an existing salary and the new max. Members would not to lose a penny in current pay or in current final salary pension payments.

Members are also asked to note that the max at both E1 and E2 does increase over the 3 years of the proposed deal and that this increase is fully consolidated and pensionable. We would expect the same arrangements to apply for future increases to the maxima at E1 and E2.

Finally we are fully aware that MoD has failed to provide a guarantee that the allowance will be paid for life (or at least until the max gets back to where it is now). We are also seeking further discussions on this issue and have made it clear that this issue must be must be resolved.

Legal considerations

PCS is already in consultation with our lawyers about the legality of the department’s proposals for staff at the E1 and E2 Max. As these proposals are not due to come into force until May 2009 we still have time to find an acceptable way forward with the department on this issue. However, should this not be possible we will set out that advice to members and publish guidance that would be applicable to all PCS members at pay band’s E1 and E2. Please check the MoD section of the PCS website (www.pcs.org.uk/mod) regularly for further updates on pay.

Current position and PCS bargaining agenda

It is worth restating that the proposals for the reduced maxima at pay band’s E1 and E2 have come from MoD and that PCS is fully opposed to this element of the pay award. We are dismayed that MoD would wish to attack the pay of some of the lowest paid staff in MoD.

Our union has therefore not accepted the MoD pay offer and we have agreed that further discussions between PCS and the department should take place on this and other key pay issues. When we believe we have exhausted the process we will ballot our members on the offer from the employer.

The forthcoming talks will focus on the recent national agreement on pay between PCS and the Cabinet Office/Treasury to see if this can result in further improvements to the offer. PCS will make clear that we must address the unacceptable proposals contained in the offer to reduce the E2 and E1 maxima and to pay impacted staff a small non-consolidated award.

The current proposals mean that some of the lowest paid staff will benefit less from this offer than other, comparatively better paid staff. This is unacceptable and our union will be doing all that we can to resolve this.

A further update on pay for PCS members will be issued shortly.

Sick Leave, Annual Leave and the Working Time Directive

The European Court of Justice today delivered its judgment in Stringer, Ainsworth and others v Commissioners of Inland Revenue, Case No. C-350/06, following the referral of questions to it from the House of Lords.

The case concerned how the right to paid annual leave under the Working Time Directive, 2003/88, implemented in the UK by the Working Time Regulations 1998, operates in the circumstances in which workers are on long-term sick leave. The Court was asked to decide two questions. The first was whether a worker on indefinite sick leave could exercise the right to take annual leave. The second was whether a worker who had been sick for all of a leave year was entitled to a payment in lieu for untaken annual leave on termination of employment.

Holding that the right to annual leave is a fundamental social right, on the first question the Court ruled that, under the Directive, national law could either permit a worker to take leave while he or she was off sick or could deny the entitlement to take leave while off sick. But it added – and this is the critical point - that if national law prevented a worker off sick from taking annual leave, the worker must have the opportunity to take that leave at another time (paragraph 29). Currently, under UK law there is no right to carry over annual leave to the following year (see regulation 13(9)), so that a worker off sick who is not allowed to take leave in a particular leave year will simply lose the right at the end of the leave year.

This means that, in order to comply with the Directive, employees on indefinite sick leave must be allowed to take annual leave while they are sick; otherwise the worker will never have the opportunity to exercise the right at all. Alternatively the government will need to amend the Regulations to permit the carrying over of annual leave for those employees who cannot take it because of sickness.

On the second question, concerning the right to a payment on termination, the Court said that the right to annual leave is not lost because a worker happens to be sick for the whole of the leave year prior to termination and so has not been able to exercise the right to annual leave. It follows that an allowance in lieu, based on normal wages, must be paid to such a worker on termination of employment. Employers must, therefore, pay the allowance in lieu under regulation 14 of the Working Time Regulations to workers off sick for the whole of the leave year, and must ignore sickness absence in the calculation of the sum due. The ruling of the European Court effectively overturns the decision of the Court of Appeal in the proceedings.

The case will return to the House of Lords probably later this year, both to consider the effect of the judgment of the European Court of Justice and to decide whether a complaint about unpaid annual leave can be brought as a claim for deduction from wages.

The workers in the case were members of the PCS whose claim was supported by the union. Chris Jeans Q.C and Michael Ford were instructed by Thompsons.

The link to the decision on the ECJ website is: http://curia.europa.eu/jurisp/cgi-bin/form.pl?lang=EN&Submit=Rechercher$docrequire=alldocs&numaff=C-350/06&datefs=&datefe=&nomusuel=&domaine=&mots=&resmax=100