Item 18: Union matters
Resolution submitted by the RCN UK Stewards Committee
That this meeting of RCN Congress calls on RCN Council to lobby for the implementation of equitable and accessible trade union facilities agreements
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UK steward, Lisa Falconer opened the debate by describing how RCN representatives work tirelessly for their colleagues and looking after themselves frequently comes last. Consequently facilities arrangements differ vastly across the UK with some organisations valuing their representatives, providing facilities and time and working in partnership with them, whilst some representatives are using annual leave to carry out duties.
Hamish Kemp stated that all members and not just representatives need to support this resolution. He continued that representatives look after all members and ensure that the voice of nursing is heard. Representatives shouldn't be penalised for carrying out their duties - it's not 'time off' - and employers need to provide adequate staff cover and ensure representatives can claim costs.
Neil Thompson said that the greatest problem is getting recognition in non-NHS organisations.
Paul Hobson said when he started as a safety representative he only had two days per week to carry out his duties. He said a lot of representatives went over and above their duties racking up weeks of outstanding leave and TOIL. Six months ago his employer amended this so that now he has two days in the workplace.
Michael Smith described how it had taken him three years to negotiate facilities terms with his employer. He now has a £130k budget which allows him three days per week for duties and a secretary two days per week. There's also a pot for other representatives to dip into. He advised when planning a budget to allow for inclusions such as Congress and keep some flexibility to cover emergencies. He warned members to use it or lose it, as unspent budgets would be reclaimed. He also suggested that an RCN database of good practice should be developed.
Zeba Arif continued the debate by saying that there are pockets of good practice but that's what they are - pockets. She described how she had the good fortune to work with a manager who valued her contribution and never had a problem giving her time in which to do her duties. She continued that a national agreement on facilities would be an enormous boon.
Lisa Lester described that in contrast to many of her close colleagues in the Gloucestershire acute or primary care trusts, her facilities arrangements were very basic. She said that speaking from the position of having the bare minimum in facilities she absolutely supported the resolution.
Catriona Forsythe made members aware that the Health and Safety Executive (HSE) will be inspecting many trusts this year and one of the things they will be inspecting is facilities time. She said the HSE has made it clear that partnership working is very important.
Lisa Falconer concluded the debate by highlighting that the three-year pay deal included a facilities agreement. She admitted there was a lot of mileage to cover to achieve a UK agreement.
For 369 99.73%
Against 1 0.27%
Abstain 1
PASSED
Background
The accredited representatives of any trade union recognised by an employer for the purposes of collective bargaining are entitled to 'reasonable paid time off' to carry out trade union duties or undertake training. These trade union duties may include functions related to or connected with terms and conditions of employment, engagement or non-engagement or suspension or the duties of employment, allocation of work or duties, matters of discipline, trade union membership or non-membership, facilities for officials of trade unions, and the machinery for negotiation or consultation. Health and safety representatives have a separate entitlement to the provision of facilities to help them perform their duties.
All time off provisions were brought together in sections 168-170 of the Trade Union and Labour Relations (Consolidation) Act 1992, while section 43 of the Employment Act 2002 added a right for union learning representatives to take paid time off during working hours to undertake their duties and any relevant training.
The facilities negotiated by a union might cover items such as; when paid time can be taken, access to computers, telephone, email and postal systems, meeting rooms and offices. None of these issues is a statutory entitlement, although all are issues that a union can negotiate for.
In 2007 the UK Government consulted on trade union facilities and facility time in a UK wide consultation and, in reply to points made during consultation, proposed a further consultation on possible amendments to the Acas Code of practice on time off for trade union duties and activities (2003). The Government did not support special regulation to protect the confidentiality of representatives' communication. Furthermore, it did not consider that other aspects relating to the law on facilities needed to be changed.
NHS trade union facilities arrangements in Scotland are agreed through the national Partnership Information Network (PIN) Guidelines and adhered to by most boards, although some have been more reluctant to endorse the guidelines and a review is currently underway. RCN Scotland is campaigning to have these guidelines regarded as policy rather than simply advisory. In Northern Ireland, five full-time RCN staff side secretaries are in place covering the five HSC trusts, while in Wales TU facilities agreements are in place with all NHS Boards.
The three-year NHS pay deal (2008-2011) included a new agreement on facilities to apply across the UK. To assist partnership working, the RCN is seeking full implementation of facilities agreements in the NHS. Where the RCN has recognition agreements in the private and third sectors, it has sought to agree appropriate time off and facilities for its representatives.
References and further reading
Advisory, Conciliation and Arbitration Service (2003) Code of practice 3: time off for trade union duties and activities including guidance on time off for union learning representatives, London: Acas. Available from the Acas website.
Advisory, Conciliation and Arbitration Service (2008) Draft for consultation. Consultation on the Acas Code of practice 3 on time of for trade union duties and activities, and, Draft guide on developing effective employee representation: a guide on managing provisions for time off, training and facilities, London: Acas. Available from the Acas website.
NHS Staff Council (2007) NHS terms and conditions of service handbook, London: NHS Employers. Available from the NHS Employers website.