1 7/12 PRIVATE & CONFIDENTIAL GMB 22 Stephenson Way ...

PRIVATE & CONFIDENTIAL
GMB
22 Stephenson Way, London NW1 2HD
7/12
CENTRAL EXECUTIVE COUNCIL MINUTES of a meeting held on TUESDAY 4
DECEMBER 2012, at 9.30AM in the COUNCIL CHAMBER of CAMDEN TOWN
HALL, JUDD STREET, LONDON WC1H 9JE
PRESENT:
President: Mary Turner MBE (London Region)
Vice-President: Malcolm Sage (Midland & East Coast Region)
Birmingham & West Midlands: Brian Adams (Commercial Services), Richard
Clarke (Public Services), Gordon Gibbs (Public Services), Gordon Richardson
(Manufacturing), Viv Smart (Public Services)
London: Roy Dunnett (Commercial Services), Brenda Fraser (Manufacturing),
George Fraser (Public Services), Lena Sharp (Commercial Services)
Midland & East Coast: Elizabeth Blackman (Public Services), John Hall (Public
Services), Kath Slater (Commercial Services), Paul Wheatley (Manufacturing)
Northern: George Emmerson (Manufacturing), Gerry Ferguson (Manufacturing),
James Jones (Public Services), Peter Kane (Commercial Services)
North West & Irish: Margaret Gregg (Commercial Services), David Hope (Public
Services), Eddie Marnell (Manufacturing), John McDonnell (Manufacturing), Andy
McGivern (Manufacturing), Lisa Ryan (Commercial Services)
GMB Scotland: Kevin Buchanan (Commercial Services), John Dolan
(Manufacturing), June Minnery (Public Services),
Southern: Dave Clements (Commercial Services), Bryan Hulley (Manufacturing),
Bill Modlock (Public Services)
GMB Wales & South West: Sheila Bearcroft MBE (Manufacturing), Ken Daniels
(Public Services), Gwyn Evans (Commercial Services), Brian Farr (Manufacturing),
Ann Leader (Manufacturing), Lorraine Parker (Public Services)
Yorkshire & North Derbyshire: Sandra Berwick (Public Services), Martin Jackson
(Public Services), David Noble (Public Services), Nicola Sharpe (Commercial
Services), James Stribley (Manufacturing)
Race Reserved Seats: Dana Bruno (Public Services), Audrey Harry MBE
(Manufacturing), Sharon Harding (Public Services), Warinder Juss (Commercial
Services), Evelyn Martin MBE (Public Services)
General Secretary: Paul Kenny
IN ATTENDANCE:
Regional Secretaries: Joe Morgan (Birmingham & West Midlands), Paul Hayes
(London Region), Andy Worth (Midland & East Coast Region), Tom Brennan
(Northern Region), Paul McCarthy (North West & Irish), Harry Donaldson (GMB
Scotland), Paul Maloney (Southern Region), John Phillips (GMB Wales & South
West Region), Tim Roache (Yorkshire & North Derbyshire Region)
National Secretaries: Phil Davies, Gary Smith, Brian Strutton
National Officers: Rehana Azam, Allan Black, Jude Brimble, Mick Rix
National Office Personnel: Justin Bowden, Ida Clemo, Rose Conroy, Naomi
Cooke, Gary Doolan, Kamaljeet Jandu, Steve Kemp, John McClean, Jerry Nelson,
Dolores O’Donoghue, Steve Pryle, Steve Short, Cath Speight, Kathleen Walker
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Shaw, Allan Wylie
1. ANNOUNCEMENTS
(a) Apologies
Apologies for absence were received from Mary Hutchinson (Northern Region), Ron
Waugh (North West & Irish Region), Ann McLaren and Cathy Murphy (GMB
Scotland), Jean Foster (Southern Region), and Michael Lock (GMB Wales & South
West Region)
2. MINUTES OF THE MEETING OF THE CENTRAL EXECUTIVE COUNCIL
HELD ON TUESDAY 16 OCTOBER 2012
Item 3
In response to a question from Eddie Marnell, North West & Irish Region regarding
why the Cammell Laird Freedom of Information request had been rejected, the
General Secretary reported he would check with the National Officer for Legal and
Corporate Affairs and send a written response.
RESOLVED that the Minutes of the Meeting of the Central Executive Council held on
Tuesday 16 October 2012, be agreed.
3. MATTERS ARISING
Item 3
Eddie Marnell, North West & Irish Region reported that the promised newspaper
article on Cammell Laird in the Liverpool Echo had still not been printed.
In response to a question on whether the email to GMB members publicising the
online e-petition had been sent out, the General Secretary confirmed it had.
4. SECTION REPORTS
(a) Commercial Services Section
Report of the Commercial Services Section Conference 2012: 11-12 June 2012
RESOLVED that the Report of the Commercial Services Section Conference 2012,
be received.
(b) Manufacturing Section
Phil Davies, National Secretary reported that the Government experiment with
Remploy had completely failed, with less than 6% of ex-Remploy workers finding
alternative work. Eighteen Remploy factories remained, but no-one knows what will
happen to them, they may be closed or sold-off. Staff at sold-off factories were
having their terms and conditions cut.
Phil reported this was his last CEC meeting. He thanked everyone for their support
of Remploy, especially the General Secretary. GMB had lodged over 700
Employment Tribunal cases in support of Remploy workers. He thanked Paul
McCarthy, North West & Irish Regional Secretary for helping York Disabled Workers’
Co-operative remain open. Another co-operative was opening in January 2013
employing 12 ex-Remploy members. Both co-operatives need our support and in
retirement Phil will be trying to help raise funds for them.
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The President thanked Phil for his work for Remploy and GMB, and reported
Remploy had been raised at the Labour Party NEC meeting as the Party’s
procurement agreement was being reviewed, which she hoped would be awarded to
Remploy.
(c)
Public Services Section
(i) Minutes of Public Services Section National Committee – 14 August 2012
Minutes
Brian Strutton, National Secretary reported on NHS employers proposals to amend
Agenda for Change. Trades Unions were consulting on the proposals, however the
GMB position was to keep the agreement unchanged.
Brian reported that a new Job Evaluation scheme was being rolled out in the New
Year for school support staff. This will be a major topic of discussion in schools and
should be good for recruitment.
He also reported on a new charter for police staff.
He further reported on the 2013 pay discussions for local government which had
commenced. The expectation was that an offer would be made at a meeting
scheduled for 19 December.
Finally, Brian reported that GMB had nominated Rosa Pavanelli for PSI General
Secretary. Rosa was successful in her nomination.
RESOLVED that the Minutes of the Meeting of the Public Services Section National
Committee held on 14 August 2012, be received.
Matters dealt with
Pensions
GMB Congress and Section Conference 2012
Reports
NJC Pay and Green Book
Recruitment and Organisation
PSI – Nomination for General Secretary
(ii) Public Sector Pensions Update
Brian Strutton, National Secretary reported that the Public Sector Pensions Bill
reaches its final stage in the House of Commons on 4 December. A number of
Labour Party MP’s will be arguing GMB’s position. The Bill will then go to the House
of Lords.
(iii) Contractors Forum Update
Justin Bowden, National Officer, reported that a two-day pre-hearing review would
be held the following week in Bristol regarding the 120 Employment Tribunal claims
against Carillion at Swindon Hospital. He expected all claims would be listed for a full
hearing in 2013 with lead cases meaning any claimant who did not want to give
evidence in person that would not have to. This was a major issue for some
members and one which Carillion management had been preying on for many
months. A former Goan Trade Union "leader" based in Dubai, who now worked for
Carillion, had been flown in to Swindon and had been telling members their action
was damaging the company and could cause Carillion to lose the contract, how their
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ET's would fail and that they should therefore drop their claims. The members
remained resolute and united.
Regarding the blacklisting campaign, GMB had checked the list of 3,200 names on
the Consulting Association’s (TCA) blacklist against GMB membership records. Todate
this had identified about 175 direct matches and 500 possible members. All 175
had been written to. Around 60 had responded to GMB asking us to get their
blacklist files from the ICO which would be passed to Leigh Day solicitors to assess
potential High Court action in the New Year. Members who had not yet responded
would receive follow-up calls from Officers to see why they had chosen not to
respond.
The Union would then be writing to all the 500 possible members. Leigh Day would
launch a High Court action on behalf of GMB members suing for compensation for
loss of work, injury to feeling, possible defamation and a compensatory element.
The question had been raised about other legal actions. Justin reported Gunney,
Clark and Ryan solicitors were running a case for about 100 people via the Blacklist
Support Group. This was a "no-win no-fee" arrangement with 20% of the win going
to the lawyers. GMB was in close and co-operative contact with Dave Smith and the
Blacklist Support Group.
Other action continued against Carillion. The General Secretary had written to all
6,500 Labour Councillors in the UK asking for help with the blacklisting campaign. In
Staffordshire County Council GMB had led the campaign against the outsourcing of
5,000 people from the Education Department and schools. Carillion had not won the
contract.
On the political front, the Scottish Affairs Select Committee continued, with evidence
given by Ian Kerr who ran TCA. He had blown the lid off of those like Carillion who
had said blacklisting was historic by giving evidence he believed it was continuing
and confirmed that TCA had had detailed discussions about Cross Rail and the
Olympics projects. Kerr had also answered questions about links to the police and
security forces and the vetting of Irish nationals.
A public meeting in the House of Commons in support of the Swindon strikers had
been organised by Kamaljeet Jandu with a broad range of equal rights speakers.
John Biggs and Labour members on the GLA had agreed to ask the Mayor of
London questions about Carillion and blacklisting.
Strategic Health Authority councillors of all parties in Swindon had raised further
concerns about the reputational damage of the dispute and had asked the Hospital's
Chief Executive to produce a detailed report for them in the New Year.
(iv) Social Care Sector Update
Justin Bowden, National Officer, reported that along with the General Secretary he
had met with the newly appointed Chairman of Four Seasons (FSHC) and the CEO.
Our industrial, legal and media campaign had clearly worked and the take over by
Terra Firma had brought a new attitude and approach. FSHC had offered GMB: a full
recognition and bargaining agreement to cover all 500 of their care homes, plus any
new - and likely - acquisitions; reinstatement of check-off; wage bargaining at all
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sites; regular access to all sites to recruit; establishment of Regional Forums of TU
Reps and management to deliver key policy matters on campaigning and quality of
care; reinstatement of our recognition rights in N Ireland; establishment of a National
Forum to meet twice-yearly. Discussions were ongoing with FSHC over the content
of the recognition agreement which was hoped to be concluded in January opening
the way for visits to care homes to start in late January / early February 2013 to
speak to Four Seasons 30,000 employees. The Four Seasons Lead Officers had
met with Justin the previous week for detailed discussions in preparation for visits
including mapping and, in particular, the need to learn from the lessons of Southern
Cross. Specifically to approach FSHC and the wider sector on a direct debit only
recruitment basis; to ensure sustainable organisation with branch-based support to
prevent the historic officer-centred dependence in the sector. These points had been
positively received by all the Regions represented and officers were clear what the
measures of success would be for this project. A Social Care Lead Officers meeting
would be held in January 2013.
GMB had agreed with FSHC that Unison and RCN would be in the Agreement and
there were ongoing discussions with both about spheres of influence in the nonaligned
Homes. These discussions were challenging and the outcome was difficult to
predict.
The Southern Cross failure to inform and consult legal action - which played an
important role in bringing FSHC to the table - now needed to be used by officers to
look again at the position with the remaining operators still not recognising GMB. A
meeting of Social Care Lead Officers to push this would occur in the New Year.
Northern Region had signed two voluntary agreements with medium-sized operators,
both of whom were likely to grow.
(v) National Office Duty Changes
The General Secretary reported that Avril Chambers was moving from the National
Organising Team to the Public Services Section to take over national responsibility
for schools membership. This additional resource underlines the importance of
school support staff to GMB. With the onslaught of academies it is imperative that
Avril receives full co-operation from Regions.
5. APPEALS COMMITTEE
(a) London Regional Committee referral to the Central Executive Council
Steve Short, Executive Officer reported that the London Regional Committee had
referred a Rule 5 matter to the CEC. It was AGREED to convene an Appeals
Committee hearing to consider the matter.
(b) Withdrawal of Appeal – Anne Price, Southern Region
Steve Short, Executive Officer reported that a Rule 5 appeal from Anne Price,
Southern Region advised to the September 2012 CEC meeting, had been
withdrawn.
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6. FINANCE & GENERAL PURPOSES COMMITTEE – 15 OCTOBER 2012
Minutes
Item 11
In response to a question from Eddie Marnell, North West & Irish Region on whether
discussions between the GMB Pension Fund Trustees and the Pensions Regulator
meant GMB were considering shutting down the pension scheme Allan Wylie,
Finance Director reported that the Pensions Regulator is responsible for all pension
schemes including our own 1961 Pension Fund. The Regulator was questioning the
strength of the Union’s covenant as the employer who supported the scheme. The
GMB Pension Trustees belief is that the covenant is strong but the Regulator’s view
is different so the Trustees were seeking independent advice to present to the
Regulator. The advice would be reported to the GMB Pension Trustees on 18
December 2012. Whilst it was possible the Regulator may press for changes to the
scheme it was categorically no part of the Union's intention to weaken or damage the
scheme.
The General Secretary stated how annoyed he was that such an accusation could
be made that the Union was somehow slipping through an attack on employees’
terms and conditions in the Minutes of a Committee meeting. The scheme could
have been shut back in 2003 but was not. GMB has continually increased its
employer contributions into the scheme which currently stood at 34%. The GMB has
always supported the pension scheme and is fully committed to the pension scheme.
The President re-iterated the commitment of Regional Secretaries to ensure the
scheme was kept open, and asked for the question to be withdrawn. Eddie Marnell
apologised for any misunderstanding of the minute.
RESOLVED that the Minutes of the Meeting of the Finance & General Purposes held
on 15 October 2012, be received.
Matters dealt with
Affiliations
Donations
Benefit Claims
Industrial Action
Action on Congress Decisions
Boilermakers’ Superannuation
Management Accounts
Budget 2013
Pensions Regulator
Employment Matters
Property Matters
7. ORGANISATION COMMITTEE – 15 OCTOBER 2012
Minutes
RESOLVED that the Minutes of the Meeting of the Organisation Committee held on
15 October 2012, be received.
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Matters dealt with
GMB Congress 2012
TUC Congress 2012
Organisation
Departmental Reports
Financial Services
8. POLITICAL, EUROPEAN & INTERNATIONAL COMMITTEE – 15 OCTOBER
2012
Minutes
RESOLVED that the Minutes of the Meeting of the Political, European &
International Committee held on 15 October 2012, be received.
Matters dealt with
European Policy Issues
Section / regional European & International Reports
International Solidarity Issues
Political Issues
Congress 2012 Action on Decisions
9. TUC
General Council Report – 17 October 2012
The CEC AGREED to accept the written report of the TUC General Council meeting
held on 17 October 2012.
10. LABOUR PARTY
(a) NEC Report
Andy Worth, Midland & East Coast Regional Secretary reported on the first meeting
of the newly elected NEC which had discussed the one nation agenda, by-election
results, the recruitment process for staff to work in Regions, falling party
membership, growing 1000 club membership, a new policy hub launched to allow
people to leave comments and views, membership of Policy Forums, and the
abolition of the Agriculture Wages Board.
The NEC debated at length the selection process for the Rotherham by-election. The
NEC were unhappy with the process which had a selection panel with a majority of
MP’s with no CLP representation. Consequently no Trade Union candidate was
short-listed, even though all TULO affiliates had backed the same person. The NEC
is to review the arrangements for by-election short listing and a more evenly
balanced selection panel must be guaranteed in the future.
In response to a question of why party membership was falling it was reported that
whilst there was no analysis, it was felt that one reason might be a lack of policy's
and if people do not have to be members to give their views they don't need to join. It
was also pointed out that Trade Union members cannot join by Direct Debit via the
Labour Party website.
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(b) GMB Political Department – Political Strategy Presentation
Cath Speight, National Political Officer delivered a presentation on the actions taken
to deliver the programme set out in the Political Report to Congress 2012. Cath
reported that progress is well underway in a number of key areas; education and
candidates training programmes, Councillors website and forum, local TULO groups,
UK and European parliamentary selections, membership targeting and CLP and
National affiliations. She also identified the National Political team contact for each
Regional Political Officer.
11. GMB NATIONAL EQUALITIES CONFERENCE 2013 – CEC DELEGATES
The General Secretary reported that the GMB National Equalities Conference 2013
will take place on 3-5 March 2013 in Leeds.
The CEC were able to send six delegates to the Conference and AGREED they
would be Andy McGivern, North West & Irish Region, Audrey Harry MBE and
Warinder Juss, Race Reserved Seat members, Liz Blackman, Midland & East Coast
Region; Lena Sharp, London Region and June Minnery, GMB Scotland.
It was noted that David Hope, North West & Irish Region would attend the
Conference in his NEF capacity.
12. HOLOCAUST MEMORIAL DAY 2013
The General Secretary reported that the London Region Equality Conference had
raised this issue, which he drew to the CEC’s attention. He recommended that all
Regions get involved with this Trade Union and Human Rights issue on 27 January
2013.
Margaret Gregg, North West & Irish Region reported she had visited the Holocaust
Memorial on the recent TUFI visit to Israel. She would submit a full report of the TUFI
visit to the next CEC meeting.
13. REPORT OF RETIRED MEMBERS ASSOCIATION CONFERENCE 2012
Jerry Nelson, National Office reported that an RMA motion based Conference would
be held biennially in future. In the alternate years an RMA Conference would be held
to report back on and carry forward the decisions of the motion based Conferences.
AGREED
RESOLVED that the report of the GMB Retired Members Association Conference
2012, be received.
14. ORGANISERS
(a) North West & Irish Region
The General Secretary reported that Lisa Ryan, North West & Irish Region CEC
member had been appointed as an Organisation Officer in the Region. He
congratulated Lisa on her appointment. Arrangements would be made to present a
GMB Gold Badge to Lisa at a future CEC meeting to mark her time as a CEC
member.
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(b) Midland & East Coast Region
RESOLVED that the appointment of Michael Coppin as an Organisation Officer, be
agreed.
(c) GMB Wales & South West Region
RESOLVED that the appointment of Hannah Gibbins as an Organisation Officer, be
agreed
(d) Yorkshire & North Derbyshire Region
RESOLVED that the Region be given authority to hold an election in respect of Phil
Whitehurst, Tristan Chard, Rachel Harrison, Lynn Brook and Darren Travis.
15. GMB WALES & SOUTH WEST REGIONAL BY-LAW – REGIONAL
COUNCIL ELECTIONS
John Phillips, GMB Wales & South West Regional Secretary reported that following
the relocation of members in the counties of Cornwall, Devon, Somerset and
Gloucestershire into the new GMB Wales & South West Region the Regional
Council were recommending that by-laws be introduced for the forthcoming Regional
Council elections to ensure a fair representation across the geographical areas and
industrial sections of the Region. The CEC AGREED to endorse the GMB Wales &
South West Region by-laws for Regional Council elections.
16. RETIREMENTS
The General Secretary reported a number of colleagues where retiring or leaving
GMB in the near future:
Phil Davies, Manufacturing Section National Secretary who is retiring.
Naomi Cooke, National Pensions Officer who is joining the First Division Association
as their Assistant General Secretary.
Nick Mendelsohn, HR Officer who is leaving for a job outside of GMB.
Alex McMillan, Director of the National Admin. Unit who is retiring.
Dolores O’Donoghue, Senior Executive Policy Officer who is retiring.
Tom Brennan, Northern Regional Secretary who is retiring. The General Secretary
sought CEC authority to start the process to appoint a replacement Regional
Secretary. AGREED
The General Secretary also reported his own intention, subject to CEC agreement,
to retire in late 2013. His intention was to bring a timetable and by-laws for a General
Secretary election to the CEC next year, for an election to be triggered after
Congress concluding late in 2013. He advised the CEC that he intended to fulfil the
entire range of responsibilities of the office until the last second of the last day of his
service to the Union.
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The GMB has election rules to safeguard internal democracy. These will be under
scrutiny to ensure they do the job intended for them, so prior to Congress the rules
and by-laws for General Secretary elections will be reviewed, and if any Rule
Amendments are required they will be bought to the CEC for authority to submit
them to Congress 2013. The President requested that the General Purposes
Committee meet prior to the next CEC meeting to start the review of the election
rules and by-laws. AGREED that the request from the General Secretary to retire be
dealt with at the February meeting.
MARY TURNER
PRESIDENT
PAUL KENNY
GENERAL SECRETARY
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