Report - Fire Brigades Union

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SECTION A — NATIONAL JOINT COUNCIL The Resolution Advisory Panel consisted of William Brown (Chair), Gill Gittins and Andy Dark. After discussions over the course of ten hours, the parties were unable to resolve the issues and it was agreed that, according to the procedure, the Independent Chair should make a recommendation for resolving the matters. i) Working Patterns for Operational Staff The London Fire Brigade operates on a 2 days; 2 nights; 4 rota days shift system with a day shift of 9 hours, 09.00hrs – 18.00 hrs. The night shift is 15 hours, 18.00hrs – 09.00hrs. The Brigade proposed to amend this, within the same shift pattern, to two 12 hour shifts, 08.00hrs – 20.00hrs, and 20.00hrs – 08.00hrs. It argued that there would be scope for substantial productivity gains, with the proposed shift hours better meeting operational needs. The FBU was opposed to this change. Its principal arguments concerned the social and domestic disruption that so substantial a change in working hours would bring to operational staff lives. After informal discussions and negotiations over an extensive period, in the course of which alternative shift arrangements and other allied terms and conditions and productivity enhancing practices were evaluated and discussed, there was a failure to agree. Recommendation The London Fire Brigade has been clear that it needs to achieve increased productivity. In my view there are two options that give that increased productivity. 1) Within the 2; 2; 4 shift pattern, the day shift should be 11 hrs and the night shift should be 13 hrs, with start times of 09.00 and 20.00 respectively. In addition the following sections set out in the authority’s draft proposals of 22 October 2010 should apply: ● allowances ● brigade medical appointments ● buying back of leave ● partial mutual exchange of duty and flexible relief from duty ● off duty personnel staying at stations Alternatively: 2) Within the 2; 2; 4 shift pattern, the day shift should be 10.5 hrs and the night shift should be 13.5 hrs, with start times of 09.30 and 20.00 respectively. In addition, the position set out in the authority’s draft proposals of 22 October 2010 in respect of Direct Standbys should apply, modified in respect of distance to 7.5 miles. them to convert to standard non-uniform, Fire and Rescue Staff terms and conditions, which would place them outside the Grey Book. FRS staff have their terms and conditions negotiated by GMB and Unison on the Joint Committee for Support Staff (JCSS). The FBU is not opposed to the conversion in principle but has requested a seat on the JCSS. The Brigade has offered the FBU individual representational rights but not collective bargaining rights through a seat on the JCSS on the grounds that FBU have only a diminishing 3% membership among FRS/non-operational staff. Recommendation The FBU should not be given a seat on the JCSS. A period of three years pay protection should apply to employees in this group whose salaries would otherwise be adversely affected by the transfer. Professor William Brown Independent Chair RAP 22nd November 2010 A9 Ad hoc NJC joint working party of the NJC/MMNB The ad hoc joint working party continued to have dialogue during 2010. Whilst a number of issues were the subject of discussion no changes to the rolemaps or IPDS method have been the subject of agreement. A10 NJC annual workforce survey 2010 On 14 May 2010, the NJC’s annual workforce survey was sent to fire and rescue authorities under cover of NJC circular 4/2010. The survey consists of an electronic spreadsheet which cannot be reproduced (for formatting reasons) in the annual report. The retrospective data is not yet fully collated. ii) Accordingly, I believe that there is a case for contractual change. But because it is a contractual change I further believe that in this instance employees should be consulted by the union through a robust mechanism on which of the two options is the most preferable. Proposal to Move Uniformed Non-Operational Staff to Fire and Rescue Staff (FRS) Terms and Conditions A small number of uniformed ‘non-operational’ staff are currently covered by the NJC for Local Authority Fire and Rescue Services although their roles are not specified within the Grey Book or the IPDS role maps. Some of these are members of the FBU. The Brigade wishes Circular NJC/4/10 14 May 2010 Dear Sir/Madam The National Joint Council is seeking your assistance in the provision of data for national negotiating purposes. The information will provide an accurate means of costing claims, offers and their consequences as well as answering negotiating questions about the operation of any new or existing structure. This year’s survey is in the same format as last years and will collect individual payroll and characteristic (age, gender and 20 FBU Annual Report 2011
SECTION A — NATIONAL JOINT COUNCIL ethnic origin) data for each employee. This format makes it easier and quicker for fire authorities to complete and was developed with the assistance of a sample group of fire authorities. Authorities are asked to complete and return the attached survey by no later than 4 June 2010. Responses should be provided to Helen Wilkinson at Local Government Association Analysis and Research: helen.wilkinson@lga.gov.uk Guidance notes are also attached. Any queries in relation to completion of the survey should also be directed to Helen Wilkinson (020 7664 3181). Fire and rescue services are reminded of the need for accuracy when responding to requests of this nature. Results of fire surveys will be used to inform national fire negotiations. Inaccurate returns may result in additional costs for your fire authority so please take care to check the accuracy of the information you supply before sending it to us Yours faithfully services. We also recognise that arrangements relating to maternity, paternity and adoption (and consequential implications) can be significant to those who are, or may in the future be, considering having a family. Whilst our national agreement forms the foundation for maternity, paternity and adoption provisions, clearly it may be amended by local agreement as per the Grey Book to meet the business needs of individual fire and rescue services. This may become more relevant where, for example, FRSs find they have specific local recruitment or retention problems. We would encourage all FRSs to consider the business benefits of local agreements tailored to the individual circumstances of each fire and rescue service and would jointly recommend consideration of the following in the appropriate and relevant circumstances: ● ● ● Return to work programmes for individuals including refresher training and updating of skills Paid time off to attend postnatal clinics or parenting classes Encouragement to consider supporting activities related to fitness during pregnancy and on return to work ● In the case of miscarriage or stillbirth considering access to counselling or other necessary support SARAH MESSENGER Joint Secretaries MATT WRACK ● Local arrangements for employees who are, or are seeking to become, foster parents either on a short or long term basis A11 Health issues During 2010 there continued to be dialogue on changes to section 5A of the NJC scheme of conditions of service (the Grey Book) centred around providing best practice and guidance from the NJC. These discussions have not yet concluded. ● ● ● The lead adoptive parent to be treated in the same way as pregnant employees. The partner of the lead adoptive parent to be treated in the same way as the partner of a pregnant employee The provision of maternity wear designed specifically for that purpose taking into account the role and duties to be undertaken Making reasonable time off arrangements for employees undergoing fertility treatment A12 Maternity, paternity, childcare and dependency Following a considerable amount of negotiation between the two sides, the NJC agreed changes to the maternity, childcare and dependency arrangements in the national scheme of conditions of service (Grey Book) at its meeting on 30 September 2010. The revised section 4D is shown below. In addition, the NJC agreed a joint statement, also shown below: JOINT STATEMENT FROM EMPLOYER AND EMPLOYEE SIDE REPRESENTATIVES IN RELATION TO MATERNITY, PATERNITY, ADOPTION AND OTHER ASSOCIATED MATTERS We recognise the importance of having terms and conditions that are affordable, but also attractive to the potential future labour market and sufficiently appealing to retain our existing employees. This becomes particularly important when we relate it to the business case for more diverse fire and rescue Individuals/line managers often have to discuss and/or seek advice about some very personal and sensitive issues that may be rarely encountered, (for example around fertility treatment; premature birth; etc.) and it is important that consistency of treatment is achieved. It may therefore be helpful for FRSs to nominate an ‘expert’ practitioner whose role is likely to involve understanding and interpreting local policies, listening and giving advice to individuals. It is recognised that an individual may also seek the support of their trade union representative. None of the above is intended to be prescriptive. Employers are encouraged to make arrangements with their local trade union representatives in taking forward any considerations into a local agreement. SARAH MESSENGER Joint Secretaries MATT WRACK FBU Annual Report 2011 21
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