WEEKLY INFORMATION FROM THE COMMUNICATION WORKERS UNION
SUMMARY
Attachments or LTB's can be
emailed or downloaded from the National Site
Volume 10 Issue 24 Paragraphs 369-376 24 June 2005
SUMMARY
GENERAL
369 Headquarters Printing and Reprographic Services
370 Equality & Diversity Mandatory Training for
Branch Officials
371 Reminder - Induction Course
EQUAL OPPORTUNITIES
No items this week
HEALTH AND SAFETY
372 Single Daily Delivery - Personal Injury on the
Increase Say Union's Lawyers
373 Corporate Manslaughter Law - CWU Response to
Government "Draft Bill"
TELECOMS
374 Property: Quarterly National Strategy Update
POSTAL
375 Involving and Engaging our People - Emergency
Motion 5
376 Removal of OPG Grades from Post Office Ltd Premises
LETTERS TO BRANCHES
277
08/06/05 Conference Motions - GS
278
09/06/05 HSE Case Study RM Vehicle Services - Dave Joyce
279
09/06/05 Ballots at Conference Race Advisory Committee - Steve Baguley
280
09/06/05 General Conference Motions - GS
281
09/06/05 BT Disciplinary Procedures - Propositions Adopted at
Conference 2004 - Simon Sapper
282
10/06/05 RM Engineers' Bonus Scheme - Ray Ellis
283
10/06/05 Vehicle Services - Garage Network - Bonus Scheme - Ray Ellis
284
10/06/05 Manpower Business Services/Cable and Wireless Contract/Pay
Review 2005 - Sally Bridge
285
10/06/05 Members Agree A & L Pensions Changes - Nigel Cotgrove
286
10/06/05 CCA Branch Affiliation - Dave Joyce
287
13/06/05 Telereal Pay and Pension Review 2005 - Simon Sapper
288
13/06/05 HCS Consultative Document - Dave Joyce
289 14/06/05 Safety Reps and Safety Commitee Regulations - Dave Joyce
290
14/06/05 Royal Mail - Increased Number of Personal Injury Cases as a
Result of SDD - Dave Joyce
291
16/06/05 Corporate Manslaughter Law/CWU Response to Government Draft
Bill - Dave Joyce
292
20/06/05 CWU Telecoms Balance Your Life Week - Grace Mitchell
293
21/06/05 Involving and Engaging our People - Emergency Motion 5 -
Martin Collins
294
22/06/05 Access Services Division - Ian Cuthbert
295
22/06/05 FRS Review - Ian Cuthbert
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GENERAL
369
Headquarters Printing and Reprographic Services
Branches and Representatives will wish to know that CWU Headquarters
have recently acquired new reprographics equipment. The purpose of
broadcasting this information is to inform you that we are now able
to offer a print service to branches that we believe will be within a
price range that you will find competitive. Amongst the services we
can provide are colour or black & white posters, leaflets,
booklets etc. It is not possible to produce a price list as prices
will vary dependent on each individual job based on quantity,
timescale, delivery requirements etc. If you would like more
information about this service or wish to receive a quote for a
particular piece of work then please ring or email Jacquie Winter,
Acting Head of Post & Reprographics. 020 8971 7218
jwinter@cwu.org
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370
Equality & Diversity Mandatory Training for Branch Officials
In line with Conference policy, we now require branches to submit
applications for the following mandatory Equality & Diversity course.
This course is being held in the North East Region:
Wednesday 10th August - Newcastle
Further dates and venues for other regions will be published in due course.
Nominations should be made on an application form for Union courses
and returned as soon as possible to Trish Lavelle, Head of Education
& Training, CWU Education & Training Centre, Alvescot Lodge,
Alvescot, Bampton, Oxon OX18 2PY. Telephone: 01993 843373; Fax: 01993
840960; email: mtodd@cwu.org
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371
Reminder - Induction Course
The Communication Workers Union has organised an Induction Course, to
be held at the Union's Education & Training Centre at Alvescot.
The course will be held from 1 - 5 August 2005
Please submit application forms as soon as possible
This course is aimed at newly elected Postal representatives. We
particularly encourage branches to nominate women, ethnic minorities,
people with disabilities and young members who are often
under-represented on the CWU Education and Training Programme.
All courses at Alvescot are residential. The cost of tuition, food
and accommodation will be met from the General Fund. Branches
requiring financial assistance from the General Fund to enable them
to send students to the course must submit the request with the
nomination, to enable the Trustees to consider the request in time.
Nominations should be made on the form for Education Courses, and
returned to Alvescot Lodge by the closing date shown. If you nominate
more than one member, indicate the order of preference if necessary
and please apply for only one course at a time. If a member is
refused a place, due to oversubscription, then indicate this on a
subsequent application for another date.
Application forms should be addressed to: Trish Lavelle, Head of
Education & Training, CWU Education & Training Centre,
Alvescot Lodge, Alvescot, Bampton, Oxon OX18 2PY. Telephone: 01993
843373; Fax: 01993 840960; email: mtodd@cwu.org
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HEALTH AND SAFETY
372
Single Daily Delivery - Personal Injury on the Increase Say
Union's Lawyers
The Union's Lawyers have reported a worrying trend of increased
incidence of SDD related accidents. Adrian Fawden of Simpson Millar
Solicitors said "I am beginning to receive a number of CWU
members cases where injuries have been sustained as a result of
changes incurred through the single daily delivery".
Excess weight bearing issues out on Delivery are an obvious major
concern. However, cases are also being investigated in relation to
staff developing shoulder ligament damage and upper limb strain
injuries due to spending longer periods of time at bigger and higher
preparation sorting frames because of the increase in delivery points
and mail volumes on Single Daily Delivery. This means more standing,
stretching and twisting.
National Health and Safety Officer Dave Joyce said "The news may
come as no surprise to a lot of Safety Representatives out there.
These bad working practices and the cumulative affects may lead to
increased occupational ill health, stress and sick leave unless
something is done.
The Local Authority Environmental Health Officers may pick the issue
up on their current Delivery Office Inspection programme currently
underway with the HSE."
Dave added "Royal Mail have recognised the problem and we have
discussed it nationally. Their Ergonomists are currently examining
the issue and undertaking research to find solutions and looking at a
number of options and we await the conclusions."
All enquiries concerning the above should be addressed to Dave Joyce
National, Health Safety & Environment Officer quoting reference C26.
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373
Corporate Manslaughter Law - CWU Response to Government "Draft
Bill"
The CWU has responded to the Government's "Draft Bill on
Corporate Manslaughter" and a copy of the "CWU Response to
the Government's Draft Bill on Corporate Manslaughter" is
available as a download from the Union's website or a hard copy can
be obtained by request from the CWU HQ Health, Safety &
Environment Department 020 8971 7308/7365.
The CWU has been campaigning for the introduction of a new Corporate
Manslaughter Law since 1997, when the Government first promised to
introduce a new offence. After 8 years of waiting, although the
government has at long last honoured its commitment to bring forward
a corporate manslaughter bill, the bill as it stands is unimpressive
and unlikely to have any significant impact on health and safety
compliance or on the number of accidents and deaths at work unless it
is significantly amended and our response has been to forcibly make
that point to the government. With significant amendment the bill has
the capacity to become an important and powerful piece of
legislation.
Any new legislation must have the ability to have an impact on the
key decision makers and be able to deal with those Directors and
Managers who fail to ensure the health and safety of the workforce
and the public. This is the only way to ensure real corporate
responsibility. The draft bill doesn't propose any sanctions on
individual directors and senior managers and we will continue to
press the government along with other Trade Unions, the TUC and CCA
to change their minds on this crucial point. We will also be briefing
CWU supported MPs. Either as part of this legislation or alongside
the new Corporate Manslaughter Law the government in my view must
fulfil their promise given by the Deputy Prime Minister in 2000 to
impose statutory safety duties upon directors and senior managers.
Unless both these reforms are made, company directors and senior
managers will continue to escape accountability for both
'manslaughter' and other serious safety failures where in all other
respects they are seriously culpable.
Overview of the "Draft Bill"
Positive Points:
o The government has at last honoured its commitment to bring forward
a corporate manslaughter bill after 8 years of prevarication over
corporate killing legislation.
o The bill introduces a charge of corporate manslaughter for the
first time, which can be brought against companies and organisations
for cases of management failure causing death.
o The court will be given powers to order convicted organisations to
take remedial steps.
o Crown immunity is abolished for many government bodies and agencies.
Negative Points
o The Bill doesn't introduce any greater penalties than can already
be imposed under existing legislation for lesser offences.
o It doesn't impose any specific health and safety obligations or
duties on company directors.
o The definition of senior managers is confusing and restrictive.
o The focus on senior managers is too narrow.
o The criteria from determining a gross breach is confusing and restrictive.
o The Bill fails to consider other more imaginative forms of penalty
which could be imposed.
Conclusions
The legislation as proposed in the "draft bill" falls well
short of our Union's expectations, leaving the UK with inferior
legislation to that in countries like Australia, Canada and Ireland.
From our point of view the purpose of the new Corporate Manslaughter
law should be:
o To motivate Directors and Senior Managers and so deter
organisations from exposing people to unnecessary dangers.
o To ensure that individual Directors and Senior Managers understand
that they can expect to be held to account for their conduct, where
their actions or omissions result in death of a worker or member of
the public.
o To provide a practicable and just framework where the criminal law
can be applied to serious misconduct which causes death with
penalties that fit the crime.
o To regain and maintain public confidence in the law and in the
accountability of corporations, companies and other organisations as
well as the people to run them and make the crucial decisions.
CWU Recommendations
o The Government has got to "start listening" and be
"tough on crime - tough on the causes of crime".
o Ensure the Treasury provides sufficient resources to employ
additional Inspectors enabling HSE to provide the crucial support and
expert assistance to the Police in Corporate Manslaughter investigations.
o The Government must redress the balance of power in favour of
victims as currently Industry and the CBI has far too much influence
on the government and the HSC.
o Government must ensure that any exemptions for the Crown do not
mean that the existing immunity is removed only to be replaced by others.
o Where a worker is killed outside the UK because of the failure of a
UK based company to undertake suitable and sufficient risk
assessments the company should be able to be prosecuted in the UK for
the new corporate manslaughter offence.
o Fines should be significantly increased for Corporate Manslaughter
convictions and the "draft bill" should be amended to
specifically require this. Consideration should also be given to
fines pegged to the profits or turnover of a company or organisation
e.g. 10% of company profits for a three year period. Directors of
convicted companies should suffer automatic disqualification.
Probation Orders against organisations should be included within a
range of penalties. The Courts should award punitive damages to
victims families.
o It is vitally important that the government acts to introduce new
positive statutory health and safety responsibilities on Directors
and Senior Managers as part of or alongside this legislation.
o Government should announce the timetable and set up the
Parliamentary Scrutiny Committee to consider the "draft
bill" and submissions without further delay.
Any enquiries should be addressed to Dave Joyce, National Health, Safety & Environment Officer quoting ref. EX13
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TELECOMS
374
Property: Quarterly National Strategy Update
The most recent quarterly strategy update given by BTP to national
representatives of Connect and the CWU took place on 13 May 2005. The
fairly comprehensive PowerPoint presentation is attached.
These are the main points that came out of the discussion:
1. Achievements 2004/05 and Challenges 2005/06
o Major initiatives are as detailed on the slides.
o A "speculative" list giving potential disposals (as a
result of lease breaks, etc) for the year after will be added as a
standing agenda item from the next meeting.
o The main BT Board seems, once again, to be preoccupied with the
question of London office accommodation.
o There is apparently 35% workstation under-utilisation in BT office
accommodation on, around and within the M25.
2. 21CN
o Concern about disruption to people is now much reduced and there
would seem likely to be minimal disruption as a result of 21CN
construction programme.
o Noise is reported as still a problem at 21CN receive sites, even
though OHS assessment suggests that there is limited risk.
3. Revised Consultative Arrangements
o BTP has accepted all the proposed amendments made following
comments that have been received from branches in response to LTB 181/05.
o Common areas will be the responsibility of the Telereal Delivery
Manager in the first instance with policy issues being escalated to
BT Property.
o Policy issues raised during the "feasibility" stage will
receive an individual response from either the LoB or BT Property. No
further processes are believed to be necessary, but this will be kept
under review.
4. Other Initiatives
o The "Clean Sweep" initiative is essentially a programme
of planned spring cleaning in office and operational accommodation.
o Around 100 sites have been earmarked for special external work to
increase the level of protection on the basis of a history of
vandalism or an assessment of high risk.
o Details of the Life-Cycle Renewal programme (LCR) will be sent
through to give us visibility of what capital investment has taken
place and where.
o Project Lewis is a project to designate 100 meeting rooms across
the Estate for the use of Retail/Wholesale Field teams. These rooms
will not be available for booking on BT's Room Booking system generally.
o An aggressive campaign to "liberate" meeting rooms that
are blocked-booked but not used is taking place. This has been rolled
out in BT Centre where 40 "new" meeting rooms have been fed
into the system. It will roll-out across other workstyle buildings.
o All buildings will have service charters in place by the end of August.
Any queries on this paragraph should be addressed to my office at CWU HQ.
Simon Sapper, Assistant Secretary
Attachment
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POSTAL
375
Involving and Engaging our People - Emergency Motion 5
Reproduced below is a summary of the LTB 293/05 in respect of the
above, which was circulated in full by email on the 21st June 2005 as
a further reminder in respect of the unagreed communication/employee
involvement activity taking place.
Branches and representatives will recall that the above motion was
debated and carried unanimously at the Indoor/Outdoor Section
Conference at Blackpool on Friday 17th June. For ease of reference
the terms of the motion have been reproduced below.
Emergency Motion 5
Conference notes with concern Managements attempts in the North
Wales/North West Division to trial an initiative entitled "Lets
talk about" it further notes that the intention is to roll the
initiative out to other areas should it prove successful. However
there has been no CWU involvement and we view the initiative as an
attempt to undermine the agreed collective bargaining processes. This
is verified by the following extract from a briefing given to the
staff last week.
"Greater daily involvement enables you to influence issues that
matter to you by giving you the chance to contribute towards ensuring
that any proposed changes that may affect you in your day to day work
are introduced smoothly and benefit everyone" the involvement
mentioned will take the form of a 5 minute "team huddle" at
the beginning of each Shift.
Throughout the briefing (two and a half pages) there is no mention of
the CWU or the Industrial Relations Framework as mechanisms for
introducing change in the workplace. We further note with concern
that it is no coincidence that the trial is due to commence the week
of Conference.
This Conference therefore reaffirms the long standing policy that all
trials should be overseen nationally with fully agreed terms of reference.
We therefore instruct the Postal Executive to ensure that the, so
called, trial is ceased and that no further trials on any issues
commence without full nationally agreed terms of reference. The
Postal Executive is instructed accordingly.
North Wales/North West Divisional Committee.
When Martin Collins, Assistant Secretary Indoor, replied to the
motion inviting delegates to carry the proposition he advised
Conference that he had already raised the issue formally with the
Business. During these representations he was informed that a
Manager's handbook had recently been published/circulated to all
operational managers called "Involving and Engaging Our
People". This handbook contained what the Business felt was best
practice and it was the local deployment by the AGM that had led to
the activity taking place in the North Wales/North West Division,
under the heading "Lets talk about it".
The contents of this handbook have not been discussed or agreed with
the CWU and the Business have been advised that until the appropriate
consultation has taken place branches will be advised to use the IR
Framework where managers abrogate current national agreements.
Reproduced below are the terms of the current National Agreement
contained in The Way Forward under the heading "Making
Improvements" which covers the issue of Work Area meetings and
the use of the IR Framework when suggestions which affect staffing
arrangements are made at these meetings e.g. agreed job
descriptions/duty patterns, etc. Representatives should ensure, as
stated above, that local management abide by the terms of this
national agreement and any failure to comply should be processed in
line with the terms of the IR Framework.
Way Forward
22 Making Improvements
1.This section sets out a structured process for making improvements
based on using the information from work measurement, together with
individuals' detailed job knowledge and experience. The objective is
to enable individuals within work areas to put forward and make
improvements that are recorded and help towards performance
improvement within
each area.
2. The measurements impacting on unit and work area performance
should, as far as possible, be taken by employees working in the
unit. This will ensure maximum ownership and trust in the information
collected. The measurements taken will be those specified in the Work
Area Hand-over Measures Guide. The measures will be used against work
area specification to assess performance of the work area. Work area
measurement information will be displayed in a clear form. This
information will be used during regular work area meetings,
facilitated by the Work Area Manager. The CWU shift/unit rep, if not
part of the work area, may attend as an observer. This will include
the use of Work Time Learning sessions where valued time needs to be
put aside within duty structure to discuss and suggest improvement
activity within each work area.
3 This activity may identify the need for further diagnostic
measurement to be taken within the work area. These diagnostic
measurements will be taken by employees in the work area with the
purpose of identifying particular problem areas in relation to
workflow. It is not the intention of this activity to impact
adversely on unit or work area performance and therefore on PBS
results. Where simple opportunities to improve are identified, they
should be recorded and introduced quickly and communicated to all
employees within the work area. A record of changes shall be kept and
shall be notified in writing to the CWU local representatives on a
regular basis.
4 Where changes are suggested that affect staffing arrangements,
(i.e. agreed job descriptions and duty patterns) these will be
progressed in line with the agreed revisions procedures and the
Industrial Relations Framework. This will fully involve the local CWU
representative at an early stage.
5 For this activity to be successful, it will need the trust and
involvement of all employees. No measures taken by front-line
employees within work areas will be used for any disciplinary
purposes either to start or to progress the Conduct Code under the Guidelines.
6 This will require further detailed work on deployment, including
the process for taking measurements, and trials, which will fully
involve CWU HQ.
Branch Secretaries must ensure that the content of this LTB is
brought to the immediate attention of all appropriate CWU Representatives.
All enquiries should be referred to Martin Collins, Assistant
Secretary Indoor quoting reference number L.770.13 or Bob Gibson,
Assistant Secretary Outdoor quoting reference number 950.02 as appropriate.
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376
Removal of OPG Grades from Post Office Ltd Premises
Branches/Representatives are advised that a letter has recently
received from Royal Mail informing the Union of their intention to
remove the OPGs who perform Mail Acceptance, Segregation and
Preparation work at Post Office Ltd Branch Offices.
They have also informed us that it is their intention to progress
this issue on a local "office by office basis" i.e. without
prior National Consultation or Agreement. There are currently
approximately 17 full-time and 80 part-time duty holders affected by
this proposal, which the business are looking to re-deploy back into
their respective Operational Areas.
A reply has been sent to Royal Mail in which it has been made clear
that no National Agreement has been given to this transfer of work
and that our representatives have been instructed to progress any
proposals they receive via the IR Framework.
Representatives who receive any proposals in relation to this matter
should therefore ensure that they are dealt with in accordance with
the advice detailed above.
Branch Secretaries are requested to bring the content of this
paragraph to the attention of all appropriate representatives.
All enquiries regarding the content of this paragraph should be
addressed to Martin Collins, Assistant Secretary quoting reference
number L.840.30 or Andy Furey, Assistant Secretary quoting reference
number B.105 as appropriate.
For any branch that is attending the G8 March and Rally in Edinburgh
on July 2nd it is the intention of the local CWU branch to congregate
at the CWU Scotland No2 branch premises no later than 10am on the
day. Anyone wishing further details please contact the Branch on the
following number 0131 556 8869.