|
|
|
AMICUS NEC, LONDON COUNTY HALL, 15 November 2006
www.amicustheunion.org/Default.aspx?page=5780
Present:
Derek Simpson, General Secretary, Arthur Adshead, John Ayling,
Billy Ayre, Dick Barker, Derek Barlow, Ray Bazeley, Brian Cole,
Steve Davison (Chair) Ged Dempsey, Dave Dutton, Alastair Fraser,
Pauline Frazer, Gill George, Margaret Hazell, Dennis Haynes,
Simon Hemmings, Jerry Hicks, Graham Hunt, Dave Hutchinson, Jim
Kendall, John King, Jane Lewis, Stuart McGhie, Mick McLoughlin,
Alan Mercer, Mick Millichamp, Janey Moir, Dave Nestor, John Oliver,
Rod Pickford, Brian Rice, John Ruane, Charles Screen, Sue Sharp,
Mickey Stewart, Bill Spiers, Peter Taylor, Roy Taylor, Meurig
Thomas, Paul Tillbrook, Agnes Tolmie, Dave Trafford, Howard Turner,
Malcolm Vass, Colin Walker, Gordon Whitman.
Observers:
Ben Benkharmez, Chris Tranter.
In attendance:
Tony Dubbins, Deputy General Secretary, Ed Sweeney, Deputy General
Secretary, Graham Goddard, Deputy General Secretary, Les Bayliss,
Assistant General Secretary, Jennie Bremner, Assistant General
Secretary, Tony Burke, Assistant General Secretary, Gail Cartmail,
Assistant General Secretary, Doug Collins, Assistant General
Secretary, Paul Talbot, Assistant General Secretary, Georgina
Hirsch, John Gibbins, Christian Matheson, Richard O’Brien
99/06 Apologies and Chair’s Announcements
Ian Allinson, Judy Box, Sybil Dilworth, Eddie Grimes, Jerry Hicks,
Dave Jones, Mick McLoughlin, Tam Mitchell, Brian Pemberton, David
Ryder, Linda Somerville, Jane Stewart, Dean Taylor, Walter Wilson,
Christine Grant Director of Finance.
The Chair reported that Margaret Lawson had received an award
for outstanding service at the STUC Womens Conference. The NEC
sent its congratulations to Linda Somerville on the birth of
her child.
100/06 Minutes of the Meetings held 0n 20th September and
12th October 2006.
The minutes of the meeting held on 20th September were AGREED
with one amendment.
The minutes of the meeting held on 11th October were AGREED with
an amendment to 97/06 that the vote was 41 votes in favour and
the deletion of Mick Millichamp from those voting in favour.
A further vote was taken on the accuracy of the minutes which
was carried (Dave Hutchinson voted against).
101/06 Matters Arising
The General Secretary reported on the following matters arising.
(i) 82/06 FBU
We had still not received any correspondence.
(ii) 92/06 Members’ Motions
This had been drawn to the attention of the departmental managers.
The General Secretary asked that NEC members advise him of any
issues.
(ii) 77/06 (iv) Election Protocol – Age Discrimination
The Director of Legal Services reported that there are legal
arguments to justify the protocol but there was no case law as
yet to clarify whether those arguments would prove to be valid.
(iii) Pay Review – Equal Pay
The union has made a commitment to conduct a full job evaluation.
There was a concern about the cost burden and justifiability
of potentially levelling up Education Officers (and consequentially
affected roles) to the protected rates currently in existence.
(Further details under GPFC report.)
(iv) 77/06 (i) Peugeot
The General Secretary indicated that reports had been received
from all regions. Peugeot had substantially increased their advertising
budget to defend their market share and had sacked the Chief
Executive responsible for the closure. Peugeot’s market
share had been affected. This was the first commercial campaign
and had been successful. The campaign had largely been concentrated
in the Midlands but would now be broadened to defend manufacturing
generally. The petition initiated in the Midlands would be circulated
nationally.
102/06 GPFC Report
The General Secretary reported on the following matters:-
(a) Regional Secretary Election Protocol
The General Secretary reported that former employees could not
stand for the NEC, however under the current rules they were
not precluded from standing for other office. This might need
to be addressed in the future in rule.
(b) Individual Equal Pay Issues
The General Secretary reported that Gail Cartmail AGS had investigated
claims and grievances on equal pay grounds. Arising from this
it was recommended that Catherine Bithell’s changed role
be approved, and that she be paid the appropriate scale rate
for that new role. The Recommendation was AGREED.
(c ) Education Officers – Equal Pay
The Education Officers had submitted two grievances – concerning
the termination of contracts and the requirement to report to
their Head of Department on their movements and diary commitments.
Attempts at consultation would continue but thus far individual
consultation on the pay rate/termination of contract had been
declined by most of the employees concerned.
Breach of collective responsibility During this discussion, the
General Secretary and the Director of Legal Services reported
that in disclosure for on of the ET cases against the union,
what appeared to be a verbatim note of the September 2005 NEC
had been supplied to a litigant. The NEC were reminded of their
responsibility under rule particularly when disclosure would
undermine the Union’s position in relation to legal cases
taken against Amicus. The Chair suggested that appropriate action
would need to be taken if there was any repetition. This was
AGREED.
(d) TGWU Merger
Following the agreement of the Instrument of Amalgamation at
the previous NEC meeting, the General Secretary had held further
discussions with the TGWU on the final detail of the Instrument.
The General Secretary reported that concerns had been expressed
at the TGWU GEC about the term ‘accredited workplace representative’,
particularly in relation to participation in the new union’s
democratic lay structures (other than sector conferences and
committees). After discussion, new wording had been provisionally
agreed to allow the NEC to define a new term of ‘accountable
representative of workers’. Branch Officers in employment,
convenors and shop stewards, health and safety and equality reps
must be included (others could be added) and discretion would
be allowed to cater for the specific needs of sectors.We had
rejected an increase in the size of the JEC. The TGWU wanted
area activist conferences to elect to regional councils. However,
it had been AGREED to allow the rules commission to deal with
this.
The Wales TUC would be added to the list of affiliations.
The TGWU wanted to make it clear that the national and regional
political committees operated under the control of the NEC. These
committees would be based on accountable activity.
The word ‘local’ would be added to the rules relating
to branches. The new wording provisionally agreed, to amend the
instrument, was as follows:
Para 1.2.6
To affiliate to the TUC, ICTU, Welsh and Scottish TUCs and other
appropriate trade union cooperation/coordination bodies domestically
and internationally.
Para 5.4.e (2)
Branch membership shall be allocated on the basis of workplace
if there is a workplace branch at the member’s workplace;
or the nearest local branch if there is not a workplace or national
branch.
Para 5.4 i (c)
In order to be eligible to be a candidate for election for, or
hold office on, the Executive Council and any constitutional
committee, the member in question must be an accountable representative
of workers.
1. The definition of such a term shall be in the exclusive
power of the lay Executive Council, which is empowered to take
into account changing industrial realities and the unique nature
of some industries e.g.(construction, contracting, leisure, rural
etc) in formulating such a definition. It must nevertheless include
branch officeholders who are in employment, shop stewards, health
& safety and equalities representatives.
2. It is further required that a fair procedure be developed
to deal sympathetically with cases where a members’ eligibility
to stand for election or continue to hold office may be affected
by employer victimisation
It was AGREED to amend the instrument and general rules accordingly
and to give further discretion to the General Secretary to deal
with any other points, within the principles already agreed,
as may be necessary as the TGWU prepare for their BDC. In addition
to activist meetings on the General Secretary’s tour, it
was further reported that the E-activist had already gone out,
the next Activist would contain a special four- page pull out
and the next issue of the magazine would be devoted almost entirely
to the merger. Posters and stickers would be distributed. A special
podcast would be launched. Regional e-activists would be issued.
Meetings of national sector committees were also planned and
appropriate material would be put on the website.
A summary of the due diligence report from BDO
Stoy Hayward had been circulated. This had reviewed all the available
financial information which had been adjusted to place the information
on a comparable basis. After pension deficits the new union would
have net assets of over £200 million formed equally from
the two sections. Contribution income was also very similar although
Amicus had more paying members. TGWU branch costs were higher.
Staff numbers were similar. Legal procedures were different in
a number of ways - the TGWU charged solicitors’ referral
fees, for example. BDO suggested TGWU financial controls
needed improving. In the TGWU membership processing and payroll
were decentralised. Neither union needed to merge for financial
reasons – the pension deficits could adequately be covered
by existing assets. The due diligence report was AGREED.
(e) Foreign Workers
It was AGREED that the Union undertake a feasibility study of
the servicing consequences of recruiting workers in a foreign
language.
103/06 Finance Report
The General Secretary referred to the management accounts of
September 2006.
Income was under budget although monthly receipts had stabilised
Expenditure was also under budget due to the reductions in payroll,
underspend by regional councils and branches, and lower professional
charges and unrecovered VAT.
Property sales this year were well in surplus with further income
from investments.
Significant VR [?] and extra pension
costs has been incurred. The report was AGREED.
104/06 2007 Budget
The General Secretary presented the budget for 2007 which the
GPFC were recommending, included a contribution increase, a reduction
in non-payroll budgets, a normal pay rise, that the new pension
arrangements would commence in July 2007, the agreed £5
million injections into the fund would take place in 2007 and
that there would be no extra VR payments. The union would make
a projected operational surplus but an overall deficit after
non recurring costs.
After questions and discussions it was AGREED to:-
i) increase contributions to £9.95/month from 1st January
2007
ii) to ask budget holders to make a further 10% reduction in
their budgets
iii) consult staff and officer committees about the position
and possiblesavings
iv) proceed with the property disposal programme
v) continue with plans for refurbishment at Esher, the new office
in Derbyand the union’s campaigning work.
105/06 GPFC Report Resumed
a) CMA Bylaws: The bylaws were AGREED.
b) Turner & Newall: The NEC welcomed the news that the government
had announced it would not seek to recover benefit payments from
the payments made to Turner & Newall former employees. Tribute
was paid in particular to the work of Terry Rooney MP, co-Chair
of the Amicus Parliamentary group, for his work to achieve this
success.
c) Contribution Rates: The General Secretary reported that an
investigation had begun with a view to reducing the number of
different contribution rates.
d) Port Talbot Disaster : Bro Mike Hutin: Bro Hutin, a member
of Amicus, had lost his son, a member of Community, in an accident
at Corus Port Talbot in 2001. Community represented all those
concerned. Corus had been found not responsible at inquest, and,
as a consequence, Mr Hutin had been awarded little compensation
as he was not financially dependant on his son (thus left with
statutory fixed damages for bereavement). He then challenged
statements on the Amicus website that the union was supporting
injured members at Corus. The General Secretary had received
correspondence and emails from Bro Hutin but unfortunately, due
to an administrative error, a response had not been sent to his
second letter. However, there was no action the union could take.
The branch was now pursuing the issue. The matter had now been
raised by Bro Hutin’s
branch. The union had given extensive other legal help to those
involved and also seeks to have the statutory damages for bereavement
in England and Wales increased.
It was AGREED that the GPFC review the correspondence and that
the Regional Secretary, National Officer and Regional Officer
meet Bro Hutin once again to establish if there is any further
assistance that he can be afforded by the union.
106/06 Political Report
Tony Dubbins DGS presented the report. The Party’s recommendation
to the Phillips investigation into funding of Political Parties
was largely based on the TULO submission. It was AGREED that:-
i) the NEC representatives on the National Political Committee
would be: Howard Turner, Brian Pemberton, Margaret Lawson, Alan
Mercer, Meurig Thomas, Agnes Tolmie
ii) the union commitment to TULO of £132,000 would be paid.
107/06 Correspondence
a) From Ringwood Branch concerning lay members mileage allowance.
It was agreed that this be NOTED as the matter was under review.
b) From North West Regional Council concerning distribution of
information on members to branches.
It was AGREED that this had already been agreed by the NEC and
actioned.
c) From North West Regional Council concerning Norwich Union
closure of Liverpool call centre.
It was AGREED to give support to members in this dispute.
d) From Hazards Campaign for their 2007 Conference
It was AGREED to make a donation of £10k and that sectors
be invited to send delegates.
e) From stewards at Hunterston A and B concerning the dispute.
It was AGREED to make payments from the hardship fund.
f) From Cambridge Medical branch concerning Scientists for Labour.
It was AGREED that the union affiliate subject to cost from the
appropriate fund.
g) From Yorkshire Regional Council and Activist Quarterly concerning
proof of identification for full time officials.
It was AGREED that the General Secretary investigate.
h) From East Midlands Regional Council concerning oppression
of trade unions in Zimbabwe.
The motion was AGREED.
i) From West Midlands Regional Secretary concerning the Pantheon
of Pioneering Black Leaders.
It was AGREED to refer this back to the region.
108/06 Changes to the HSBC Bank Mandate
The following changes were AGREED.
New signatories added to all Head Office HSBC Bank Accounts held
by the Union: Derek Simpson, Christine Grant, Christine Quintyne,
Mohan Arunachalam, Existing signatories now removed from the
accounts: Michael Cardell, Ken Jackson. The current revised signatories
on the HSBC Head Office Bank Accounts are therefore:- Derek Simpson,
Christine Grant, Pam King, Christine Quintyne, Mohan Arunachalam.
The above signatories are authorised to sign as follows: Either
Derek Simpson or Christine Grant plus one other signatory for
all payments.
The following resolution was also AGREED:
That bank accounts be continued with HSBC Bank plc and the bank
is authorised to:-
1. pay all cheques and other instructions for payment or accept
instructions to stop such payments signed on behalf of the union
by the revised signatories, whether any account of the Union
is in debit or credit;
2. deliver any item held on behalf of the Union by the bank in
safe keeping against the written receipt of the signatories;
and
3. accept the signatories as fully empowered to act on the behalf
union in any transactions with the Bank (including closing any
account(s)).
4. that the General Secretary from time to time is authorised
to supply the Bank as and when necessary with lists of persons
who are authorised to sign, give receipts and act on behalf of
the union, and that the Bank may rely upon such lists.
That these resolutions remain in force until cancelled by notice
in writing to the Bank, signed by the Chairperson or Secretary
from union,
and the Bank shall be entitled to act on such notice whether
resolutions have been validly cancelled or not.
109/06 General Secretary’s Report
a) Equalities Conference
The General Secretary reported that the conferences had been
successful. It was AGREED to:-
i) nominate Adam Umney for the observer vacancy on the TUC LGBT
Committee.
iii) nominate Lorene Fabian and Carol Kirk to the TUC Women’s
Committee.
iv) To donate £5,000 to Pride 2007.
b) Latin American Conference
This would take place at the TUC on Decmber 2nd. It was AGREED
to nominate Jim Kendall.
c) Construction Industry: In view of the problems facing the
sector the General Secretary suggested and it was AGREED that:
i. A national meeting of all Full Time Officials involved in
the industry should be called, in order to facilitate a co-ordinated
development of
the sector.
ii. A pilot organising project to be agreed to test out the proposed
structure and approach to recruitment & retention.
iii. A training programme for Officers & activists needs
to be implemented.
iv. A national network of regional construction teams needs to
be developed.
d) New Organisers
Arising from an interview process, it was AGREED to endorse the
General Secretary’s proposal to appoint the following colleagues
as
organisers:
- Heathcliffe Pettifer
- Nancy Greene
- Eileen Francis
The General Secretary reported that all are existing employees.
e) Turner & Newall Asbestos Fund: Amicus had been invited
to nominate a representative to the Turner & Newall asbestos
claimants’ trust body.
On advice from General Secretary it was AGREED to nominate Dick
Croft RO.
110/06 Communications Report
In addition to the circulated report, the Director reported that
a national demonstration on agency labour would be held next
year. The report
was AGREED.
111/06 Organising Report
Paul Talbot AGS reported that an awareness campaign had been
run at universities and colleges and that members would be encouraged
to
recruit family student members.
112/06 Industrial Action Ballots The report was noted.
113/06 Dispute Benefit It was AGREED to pay dispute benefit to
members at:
- Alsthom Power, Lincoln
- Balfour Kilpatrick, Hunterston Power Station
- Vehicle Lease and Service, Durham
114/06
Repudiations
It was AGREED to repudiate unofficial industrial action at Visteon
UK, Swansea. [transcribers'
note: the DearUnite.com site draws attention to a pattern of
obscure items like this buried in minutes with the implication
that they are not what a good union charges members for. Compared
to T&G this is glasnost, but it's still pretty obscure. Maybe
the T&G minutes read "preparatory meeting of all
Broad Left Delegates before the pretend meeting with everyone
present: we have had loads of people threatening to sue us for
taking all the union money. Keep quiet and keep in with the government
as usual in the hope that nobody sues. Specially about those
airport cases. We got a lot of money from airports and airlines
for pretending to take a bribe when they didn't know we were
crap anyway. Still we did what we could do honour the deal by
repudiating a few strikes and liquidating a branch or two. This
is fanciful and vulgar abuse, obviously."]
115/06 Branch Mergers and Changes Recommended by Regional
Councils
Eastern
- Transfer the Hospital Physicists’ Association Branch
(0059M) from Eastern Region to London Region.
- Merge Royal London Mutual Branch (9918M) into the Colchester
Central Branch.
- Merge Waveney Branch (0011M0 into Lowestoft Branch (1877).
- Merge Dereham Branch (1864) into the Norwich Central Branch
(1880).
North West
- Change the name of the Blackpool & Fylde Branch (0520M)
to the Fylde Coast Branch.
- Merge Liverpool Engineering Branch (0542) with Walton Branch
(0958).
- Merge Padiham Branch (0715) with Burnley Branch (0176).
Yorkshire & Humberside
- Close Scarborough 2 (0811) branch and transfer membership
to Scarborough1 (0810).
116/06 International Report:The circulated report was AGREED
with the amendment that an agreement for a European works council
at Georgia Pacific had not been signed.
117/06 Legal report: Circulated and AGREED
118/06 Motions to the NEC
a) from Simon Hemmings – that the NEC “recommend that
Regional Political Committees should meet at least four times
a year and also the General Secretary to inform the Regional
Political Officers of this and make arrangements for quarterly
meetings”. AGREED
b) from the South East Regional Council concerning manufacturing/buy
British – NOTED as this largely concurs with existing union
procurement campaign.
119/06 Any Other Business
Policy Conference 2007
Leave to General Secretary
Contact
Employees.org.uk
|
|