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16
December 2010
There is a vicious anti-union
practice at present that goes right to the heart of employment
relations. It allows employers to tear up contracts and unilaterally
impose new terms against the wishes of workers and their elected
representatives.
Councils in Birmingham,
Sheffield, Rhondda Cynon Taff and elsewhere have used the
procedure to cut jobs and attack conditions of service. The
recent experience of London FBU members indicates how it can
be fought.
Under section 188 of the
Trade Union and Labour (Relations) Consolidation Act 1992,
an employer proposing to dismiss 20 or more employees at an
establishment within 90 days owes a duty to consult “appropriate
representatives” - meaning recognised trade unions.
In July 2010 the fire
employers’ body, the London Fire and Emergency Planning
Authority (LFEPA) and the London Fire Brigade (LFB) decided
to proceed with Section 188 notices and to impose new shift
patterns on 5,600 London firefighters (around 93% of uniformed
staff). LFEPA intended to impose new shift patterns of two,
12-hour day shifts and two, 12-hour night shifts, (instead
of the existing 9, 9, 15, 15). They planned to impose new
contracts after their meeting on 18 November.
No doubt buoyed by having
a Tory-led government, a Tory mayor and a Tory majority on
the LFEPA board, together with the backing of the Tory press,
they sought to impose the changes and render the union powerless.
The FBU response was decisive.
On 24 August over 900 firefighters attended a mass meeting
at the TUC, with another 600-strong meeting two days later.
On 16 September a tremendous demonstration of 2,600 uniformed
firefighters marched through central London to lobby LFEPA.
The employer refused to
rescind its threat to sack firefighters. The FBU balloted
members for action short of strikes, with a resounding 95%
in favour on a 76% turn out. After offering the employer time
to reconsider, the union then balloted members for strike
action.
The result of the strike
ballot was a magnificent 79% in favour on a 79% turnout. After
further attempts to negotiate were rebuffed, the FBU called
8-hour strikes for 23 October and 1 November. The union promised
to halt the strikes if management stopped the 188 process,
but to no avail.
The strikes were very
solid. Private AssetCo scabs were turned away from fire stations.
The strikes forced management to return to the table with
more serious offers to resolve the dispute.
At the same time the FBU
faced a welter of abuse. The Tory press launched personal
attacks on FBU officials, making scurrilous accusations about
my pay and behaviour and door-stepping my family. Stereotypes
of firefighters were dredged up and the addresses of London
firefighters passed to the Mail on Sunday.
After the 1 November strike,
the FBU stepped up pressure by announcing further strikes
for 47 hours from 5 to 7 November. After this escalation,
management made two significant concessions. First, they agreed
to postpone the decision on imposing new contracts until January.
This temporary lifting of the 188 process allowed a window
to negotiate a solution. It had been the key demand during
the strikes and the concession was real.
Second, LFB management
agreed to offer 11-13 shifts with no strings and to take that
proposal to the non-binding fire service arbitration process,
known as RAP. These concessions, which came just before bonfire
night, were sufficient for the FBU to suspend our strike action.
The FBU’s London regional committee voted overwhelmingly
to suspend the strikes and this was endorsed by a subsequent
all-reps meeting and at station meetings.
The outcome of arbitration
was two proposals, which FBU members will vote on in December.
First, and most important, this was the result of negotiation,
rather than imposition. The fact that firefighters ultimately
get to vote on proposals, is a far more democratic means of
resolving the dispute than the 188 process. Second, the new
shift patterns on offer are better than the original 12-12
proposed. Industrial action was vital in forcing management
to move.
Nevertheless, the FBU
is under no illusion about how difficult it is to stop the
188 process once it has started. But we believe our London
dispute has shown it can be halted effectively.
More Information:
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