Simon Sapper – CWU National Officer
The purpose of this LTB is to announce that Simon Sapper, CWU National Officer, has decided to leave the union on the 31st December 2016.
The CWU would wish to place on record our sincere thanks for the work Simon has done on behalf of our members over many years. Simon first became a National Officer in 1989 back in the old NCU and is currently the longest serving officer of the union.  
During his career Simon has undertaken many varied and wide ranging roles and has made a great contribution to the work of CWU and the wider trade union movement. In due course, we will of course ensure his contribution is properly recognised. In the meantime, we thank Simon and wish him all the best for the future.
CWU Re-design Project
I can also advise Branches that given the union is currently moving forward our Re-design Project, it is not our intention to fill Simon’s vacancy and the work he currently undertakes will be absorbed within our existing Headquarters departments/functions. This approach is in keeping with the aims and objectives of re-design and we will ensure that we continue to effectively carry out all the work commitments previously associated with Simon’s role. Therefore, the following interim arrangements will be introduced from 1st January 2017 and will operate for a period of six months, at which point they will be reviewed and either confirmed or adjusted, as appropriate.
Youth Committee – Jo Thair (Policy Assistant) will take on responsibility for all work relating to our Youth Committee. Jo will be supported in this work by the GS Department and will report directly to me. In addition, the Youth Committee Chair, Jake Fear and Vice Chair, Jimmi Brown, will take on enhanced roles to assist the development of young people within the union.
In line with re-design, we will use this period to review the work of the Youth Committee and encourage the development of new and innovative ideas to further enhance the role of younger representatives and members within the union. I have discussed this with the Youth Chair and Vice Chair and I am particularly keen that the Youth Committee itself is at the heart of this work. This should be seen as an opportunity to build on the excellent work previously carried out by Simon Sapper and his team.
Union Honours – The work involved in preparing National Honorary membership and Gold Badge Awards will now be undertaken by the General Secretary’s Department.
National Discipline Committee – An announcement regarding how we will cover the work of the National Discipline Committee post the 31st December, will be made in due course. It is the intention to undertake an immediate review on this area of work as part of the Re-design Project. In the meantime, we will continue to ensure that our exiting procedures remain in place to address genuine complaints that arise from time to time within the union.
Any enquiries on the above LTB should be addressed to the General Secretary’s Department.
 
Yours sincerely
 
Dave Ward
General Secretary
Email Attachments – Click to download
LTB 726/16 – Simon Sapper – CWU National Officer

RETIRED MEMBERS – REVISED BRANCH MODEL CONSTITUTION 
Further to LTB 664/16, we have received a number of enquiries from Branches in respect of the revised branch model constitution and its impact on retired members. 
The purpose of this LTB is to now provide further information on the background to this issue and to explain the reasons behind the decisions of the NEC. 
Firstly, whilst we understand and recognise that the content of LTB 664/16 has caused some concern amongst retired members, it is important that branches are made fully aware that the NEC, in the first instance, did not initiate or seek to raise this matter. The actions and decisions of the NEC were in direct response to a particularly difficult internal branch dispute that was vigorously pursued to CWU HQ, with the potential for a challenge to a higher authority. 
The issue in question was a constitutional matter directly related to the rights, or otherwise, of retired members being able to vote for a position in local branch elections. 
Following the deliberations of the President and the Vice President, it was agreed to obtain legal advice on the interpretation of the union’s rules. The President made a ruling – and the subsequent actions and decisions of the NEC were made in full knowledge of the legal advice received. This led to the position as outlined in LTB 664/16, which set out the need to revise the branch model constitution. 
Furthermore, branches should be aware, that this is far from being a straightforward issue and that there have been a number of inconsistencies between branches on how retired members participate in local elections and in the manner in which branches operate their retired members sections. 
In due course it will now be the intention of the NEC to give the whole subject of retired members voting rights and their role within the union further consideration. The intention will be to bring forward an appropriate set of rule changes before annual conference to ensure a consistent position is adopted across the union. 
The NEC values the role of retired members and wants them to remain active and engaged in the relevant work of the union. We are also committed under the Re-design project to look at new ways of enhancing this role, whilst remaining clear that the interest of working members and retired members must be served differently. 
The NEC welcomes the opportunity for this debate across the whole union and we believe this to be in the interest of all union members, including our retired members – and that we continue to ensure that all members, working or retired, are protected. 
In the meantime, the position outlined in LTB 664/16 holds the field and is based on the current rules of the union. 
Any enquiries on the content of this LTB forward to gsoffice@cwu.org 
Yours sincerely 
 
Dave Ward

General Secretary
 
Email Attachments – Click to download
Attachment 1 : LTB 723/16 – Retired Members – Revised Branch Model Constitution

Look After Yourself This Winter’ Campaign
The Personnel Team were sent documentation from BT regarding a winter health campaign. The documentation gives practical advice to people on how they can reduce the risk of illness, particularly those who may have existing medical conditions.
Branches should ensure that their members are aware of the attached information.  
Any enquires from Branches regarding this LTB should be directed to my office in the first instance.
Yours sincerely

Dave Jukes

Assistant Secretary 

 
 
 
Email Attachments – Click to download
LTB 722/16 – ‘Look After Yourself This Winter’ Campaign

CWU Member – Stephen Wightwick
It is with great sadness that we write to notify Branches of the sudden and tragic death of Stephen Wightwick, a postman at Debden Delivery Office and member of the CWU Romford Amal Branch.
Tragically Stephen was killed in a hit and run accident whilst on his way to work on Thursday, 1st December. Stephen leaves behind his wife Dalene and 10 year old son, Jonathan. 
We are sure that all colleagues would wish to join us in passing on our deepest sympathies to Stephen’s family and friends.
The Romford Amal Branch and Anglia Division have set up a support fund to help the family through this difficult time and any Branches wishing to make a donation can do so via the Romford Amal Branch (details below).
C/o John Joslin
Branch Secretary
CWU Room
Royal Mail Romford Mail Centre
Sandgate Close
Romford
RM7 0AB
 
Any enquiries in relation to this LTB should be addressed to the GS and DGS(P) Department quoting reference 10020.
Yours sincerely,  
 
 
Dave Ward Terry Pullinger  
General Secretary Deputy General Secretary (Postal) 
Email Attachments – Click to download
LTB 719/16 – CWU Member – Stephen Wightwick

TO : All Branches, Regional Secretaries and Regional Health and Safety Forums
 
Dear Colleagues,
General Conference 2017 – Sunday 23rd/Monday 24th April 2017
Attached with this Letter to Branches are motion forms for General Conference 2017. Branches should note that the motion guide for submitting motions to General Conference 2017 has been attached.
Entitlements
In relation to the General Conference 2017, all Branches are entitled to submit three motions to General Conference. Regional Committees are entitled to submit three motions to the General Conference however one of the motions must be from the Regional Women’s Committee. Regional Health and Safety Forums are entitled to submit three motions on Health, Safety and Environmental matters.
In addition, branches and regional committees may also submit one rule amendment for the Rules Section of the agenda.
Branches/Regional Committees/Regional Health and Safety Forums are also reminded that the closing date for the submission of motions to General Conference is Tuesday 7th February 2017. Submission of motions can be by post or email but must arrive by midnight.
Branches/Regions/Health and Safety Forums/Minority Conferences and the NEC are reminded that the Standing Orders Committee will not alter or amend any of the motions submitted therefore it is important that motions are checked before they are submitted.
Please note that all correspondence must be sent by email to conferences@cwu.org and no other personal email address.
Any queries regarding this Letter to Branches should be addressed to Angela Niven on 020 8971 7256 or by email to conferences@cwu.org
Yours sincerely,
 
 
A P Kearns
Senior Deputy General Secretary
Email Attachments – Click to download
LTB 718/16 – General Conference 2017 – Sunday 23rd/Monday 24th April 2017

Motion Guide 2017

General Conference Motion Form

Health & Safety Form

Rules Form

New 2016 Health and Safety Court Penalties Beginning To Take Effect – Update Report:
To: All Branches
Dear Colleagues,
As reported to Branches and Safety Reps in LTB 724/15, earlier this year new Sentencing Council Guidelines came into effect. As a result, large companies can now face much higher fines for Corporate Manslaughter and Health and Safety Offences at both at the Magistrates and Crown Courts. The more serious Cases will be dealt with at Crown Court level with fines of over £10 million for the most serious health and safety offences and more than £20 million for corporate manslaughter convictions now possible, under new sentencing guidelines, issued on 1st February 2016. This is an end of year update.
The Sentencing Council’s guidance, which came into force on 1 February 2016 and applies regardless of the date of the offence, give Judges a framework of tiered penalties for different sizes of organisation, taking account of the level of risk, harm and culpability.
The new guidance extends to all health and safety offences, where the previous Judges’ guidance covered just fatalities. It is modelled on the sentencing guideline for environmental offences, which was introduced in 2014.
Once the court has established a starting point using the new guidance factors, it must take into account financial information, such as the profit margin of the organisation or the potential impact on employees, and any aggravating or mitigating factors. The sentencing guidelines contain a total of nine steps that judges must complete to arrive at the fine.
In the past, some offenders did not receive fines that properly reflected the health and safety crimes they committed and the new guidelines are aimed at bringing in appropriate penalties. The guidance wants fines to be proportionate to the seriousness of the offence and the financial means of offenders.
The Guidelines place Convicted Health and Safety Offenders in one of four bands depending on turnover:
micro (with a turnover of up to £2m)

small (a turnover of between £2 million and £10 million)

medium (up to £50 million)

large (more than £50 million).

This means the sentences will be far bigger, especially for medium and large employers.
For micro organisations the starting point for a fine after a high culpability corporate manslaughter offence will be around £500,000.
A small organisation convicted of corporate manslaughter may face a fine of £1 million to £2 million.
A medium sized company convicted of a high culpability Corporate Manslaughter Act offence can expect a fine of between £2 million and £7.5 million.
For the large organisations (such as for example Royal Mail Group and British Telecom Group) the fine for a corporate manslaughter conviction with a high level of culpability, serious safety failures and lack of risk controls could result in a £20 million fine upwards.
In June, the Appeal Court threw out an appeal by Thames Water against a £250,000 fine and the Judges said that in future, organisations with a turnover in the hundreds of millions could face fines up to levels equal to 100% of the company’s pre-tax net profit for the year in question, even if this results in fines in excess of £100 million.
The largest fine for a corporate manslaughter conviction under the old sentencing regime was £600,000 for CAV Aerospace in August 2015 but under the new guidelines the fine would have been much higher and certainly several millions of pounds.
Large organisations could also face fines reaching many millions of pounds for serious health and safety at work act offences. For example, the prosecution and conviction of Siemens Windpower under the old sentencing regime resulted in a fine of £375,000 but under the new guidelines the sentence might well have been between £2 million and £6 million.
Likewise, the prosecution of Baxters resulting in a fine of £60,000 for a non-fatal accident might, under the new guidance, increase to a fine between £500,000 and £3 million.
The sentencing council stated at the launch of the new rules that if there was a quantifiable economic benefit derived from the offence then this amount should be added to the fine. It also suggests that, in some particularly bad cases, putting the offender out of business may also be an acceptable consequence.
The courts will consider the impact of the fine on employment of staff, service users, customers and the local economy, but not shareholders or directors.
If a company has recent safety convictions then the fine is likely to increase, the guideline says. The list of aggravating factors that would make a fine worse include cost cutting at the expense of safety, a poor health and safety record and targeting vulnerable victims.
Mitigating features that could reduce seriousness include a good health and safety record, a high level of cooperation with the investigation and evidence of steps taken to remedy a problem.
Lawyers are collectively saying that “health and safety managers should tell their Company boards that, “a tougher line is being taken for breaches of health and safety law, not just against companies, but also convicted individuals where the prospect of imprisonment is brought much closer following a fatality”.
The HSE Chief Executive’s Report to the December HSE Board concluded that HSE completed 316 prosecutions between 1 April and 31 October 2016, including a number of prosecutions with individual fines over £1 million, under the new Sentencing Council Guidelines to Courts and Judges. These convictions included the following examples amongst others:
ConocoPhillips (UK) – Failure to control three Gas Releases over two days endangering the lives of 66 Workers – (£3m)

Watling Tyres Ltd – fatality following Compressed Air explosion (£1m)

Foodles UK Ltd – accident on the Star Wars film set (£1.6m)

Merlin Attractions Operations Ltd – Rollercoaster accident at Alton Towers (£5m)

Balfour Beatty – collapsed trench (£2.6m)

Tata Steel UK Ltd – amputation after machinery accident (£1.8m)

Cristal Pigment UK Ltd – fatality following release of toxic vapour (£1.8m)

Scottish Power Generation – serious burns after steam release from valve (£1.75m)

Tarmac Trading Ltd – two road traffic accidents involving pedestrians, including one fatality (£1.3m)

Parker Hannifin Manufacturing Ltd – fatality when moving machine in the factory (£1m)

Tesco Stores Ltd – Maintenance Worker fell through skylight(£500k)

Travis Perkins Ltd – Death of a Customer, crushed by a company vehicle (£2m)

McCains Frozen Foods – engineer sustained serious arm injury whilst inspecting a factory machine belt (£800,000) 
Also note:-
BT – Three separate Safety convictions in five months in 2016, two falls from height, one street works (£1.3 M)

Royal Mail – Two Safety convictions in 2015/16, one worker chemical burns, one worker crushed foot by an FLT (£105,000)

Comparison with Competition Fines:
When comparing Health and Safety Fines with Unfair Competition Fines, there’s a long way to go. For example, Supermarkets and Dairy firms were fined £50million over price rigging on Milk and Cheese by the UK Office of Fair Trading and last year Royal Mail was fined £40m in a French price-fixing scandal by the French competition authorities after GLS, its parcel delivery subsidiary took part in one of the largest price fixing cartels in corporate history, colluding with 20 courier and shipping firms to set customer prices for a period of six years. However, the new sentencing guidance is beginning to drive up fines towards those well established in competition offences and it’s worth repeating the advice of many UK Lawyers; health and safety managers should tell their Company boards that, “a tougher line is being taken for breaches of health and safety law, not just against companies, but also convicted individuals where the prospect of imprisonment is brought much closer following a fatality”.
Yours sincerely
Dave Joyce

National Health, Safety & Environment Officer
 
Email Attachments – Click to download
Attachment 1 – 16LTB716 New 2016 Health and Safety Court Penalties Beginning To Take Effect – Update Report

Membership Subscription – Retired & Retired Associate Members – from 1st January 2017 
Please note that LTB 715/16 issued on 6th December was incorrect due to an administrative error with the calculation formula. Please now find the correct subscription rates below.
CWU Rule 11.5.2 contains the following instruction:
The rate for retired and retired associate members shall increase on 1 January each
year by the same percentage increase as the known CPI at the time.
The known rate for CPI is currently 0.9% therefore in accordance with the rules of the union from 1st January 2017 the membership subscription rates for Retired and Retired Associate Members will be as follows:
CWU Contribution rates –
from 1 January 2017
New Weekly Contributions
New Monthly Contributions
“I” Rate £
“O” Rate £
“I” Rate £
“O” Rate £
Retired Members
1.35
1.15
5.84
4.97
Retired Associate Members
n/a
n/a
4.55
3.68
Any enquiries regarding this Letter to Branches should be addressed to the Senior Deputy General Secretary’s Department on telephone number 020 8971 7237, or email address sdgs@cwu.org.
Yours sincerely,
 
TONY KEARNS
SENIOR DEPUTY GENERAL SECRETARY
Email Attachments – Click to download
LTB 717/16 – Membership Subscription – Retired & Retired Associate Members – from 1st January 2017

Royal Mail Delivery Torch – Temporary Replacement Model to Meet Increased Demand over Christmas Period to Cover Evening Deliveries etc.: (SABER 8 LED Pocket Inspection Lamp)
To: All Branches
Dear Colleagues, 
LTB 674/16 announced that as part of the Christmas arrangements, agreement had been reached between the Postal Department and Royal Mail on the subject of evening Parcel Deliveries with the 2016/17 agreement mirroring that of last year in relation to Parcel Deliveries.
As a result of the agreement to perform evening deliveries in the run up to Christmas, there has been a huge increase in demand for torches which Royal Mail Assets have been struggling to keep up with and as a result, the Business has now run out and completely exhausted all stock. The suppliers of the current normal torch are not able to replenish Royal Mail stock quick enough with the next delivery batch not due to arrive in the Country until the end of January 2017. 
As a short term emergency measure, a temporary alternative Torch has been identified with a UK supplier being able to supply the numbers required in the run up to Christmas, with a return to the standard Torch model at the end of January 2017. 
SABER 8 LED Pocket Inspection Lamp – description:
The Torch that will be supplied from imminently until the end of January 2017 will be manufactured by ‘SABER’ and is their 8 LED Pocket Lamp which is no bigger than a large pen and has both a pocket clip and also contains a magnet, making it easy to place the light while leaving the hands free. It has eight LEDs which give a bright 120 Lumens of Light, broad beam that’s powerful enough to use on Royal Mail outdoor duties, illuminating delivery items, for address reading etc and from a safety perspective, can be used to light the way for walking. It takes 3 AAA Batteries for 7 Hours Continuous Lighting, Magnetic pocket clip offering flexible positioning for ease of use with a durable On/Off Switch. 
Product Information – SABER 8 LED Pocket Inspection Lamp
Brand – SABER

Model – 144621

Item Weight 82 g

Product Dimensions 64.6 x 8.7 x 7.9 cm

Manufacturer Part Number & Item model number 144621

Provides 7 hours operating time

Features 8 x LED for wide light output

Swivel pocket clip & magnet for hands free use

Light weight for easy transportation

Includes 3 x AAA batteries 

Attached please find images of the SABER 8 LED Pocket Inspection LED Pocket Lamp. 
In respect of any supply issues, Managers should contact Shaun Buttress National Materials Handling Equipment Manager:- Mobile: 07843 369574 Email: shaun.buttress@royalmail.com
Yours sincerely
 
Dave Joyce
National Health, Safety & Environment Officer
 
Email Attachments – Click to download
LTB 714/16 Royal Mail Delivery Torch – Temporary Replacement Model to Meet Increased Demand over Christmas Period to Cover Evening Deliveries etc.: (SABER 8 LED Pocket Inspection Lamp)

LTB 714/16 SABER

Membership Subscription – Retired & Retired Associate Members – from 1st January 2017 
CWU Rule 11.5.2 contains the following instruction:
The rate for retired and retired associate members shall increase on 1 January each
year by the same percentage increase as the known RPI at the time.
 
The known rate for RPI is currently 2.0% therefore in accordance with the rules of the union from 1st January 2017 the membership subscription rates for Retired and Retired Associate Members will be as follows:
CWU Contribution rates –
from 1 January 2017
New Weekly Contributions
New Monthly Contributions
“I” Rate £
“O” Rate £
“I” Rate £
“O” Rate £
Retired Members
1.36
1.16
5.90
5.03
Retired Associate Members
n/a
n/a
4.59
3.72
Any enquiries regarding this Letter to Branches should be addressed to the Senior Deputy General Secretary’s Department on telephone number 020 8971 7237, or email address sdgs@cwu.org.
Yours sincerely,
 
TONY KEARNS
SENIOR DEPUTY GENERAL SECRETARY
Email Attachments – Click to download
LTB 715/16 – Membership Subscription – Retired & Retired Associate Members – From 1st January 2017

National Postal Workers Day – Monday 12th December

The purpose of this LTB is to advise Branches of major forthcoming initiatives on National Postal Workers Day on 12th December and to ask for your support.

Workplace Mailing – Next Week

All workplaces will receive a mailing next week with a pamphlet setting out our plans for National Postal Workers Day on 12th December.

In essence, we are hoping to make 12th December (traditionally the highest posting day of the year) a celebration of the role postal workers play in delivering the universal postal service six days a week, every week of the year to 29 million addresses across the UK.

How CWU Members Can Help

The pamphlet itself is designed to be used as a poster publicising National Postal Workers day and we are asking members to take selfies with the poster in their office and with customers and share these via social media. We are also asking CWU members to come up with their own innovative ideas to publicise the day and the importance of their role and postal services.

Post Office Campaign

National Postal Workers Day represents an ideal opportunity to increase the level of postcard returns for our Post Office campaign. With this in mind, we are extending the deadline for returning cards to CWU HQ to Wednesday 14th December.

We ask that alongside the workplace photoshoots, Branches organise the signing of postcards in all large and medium sized units – if you have not already done so.

Any Branches requiring additional postcards to carry out this activity should contact Marcia Murray mmurray@cwu.org as a matter of urgency.

Media Coverage

The union has worked hard to secure a number of national press articles on the day and these will be shared with Branches electronically as they are published. We have also taken adverts out in The New Statesman and several local publications. Additionally, a number of high profile figures and MPs have pledged their support for National Postal Workers Day and we will be sharing their videos, messages and tweets on the day.

The General Secretary and Deputy General Secretary (Postal) will also be visiting workplaces on the day to further raise the profile. Next week we will be working to increase the opportunity for media coverage, although as everybody knows, this will ultimately depend on the news agenda for that day.

What We Need From Regions, Divisions, Branches and Members

We understand that National Postal Workers Day falls at a very busy time of the year for our Branches and members – but it also presents a real opportunity for publicity given the Christmas pressure period. Ultimately, we want to maximise support from all sections of the CWU and our members to make the day a success.

We are therefore asking Representatives, Branches, Divisions and Regions to help support our initiative and undertake the following activities in support of the campaign:

1. We ask that Regions/Branches send out a press release to all local media contacts in their area – we have attached a draft to assist you with this.

2. We request Regions/Branches give consideration to taking out adverts in local publications. A version of the national advert is attached and we are happy for Branches to use this at local level.

3. Branches should organise photoshoots on the day with members holding their National Postal Workers Day posters. These should be shared via Twitter and Facebook using #PeoplesPost

4. We believe that our members are an underused resource for us as a union. We ask that members find innovative and exciting ways of getting our messages out on the day. Prizes will be provided for the best photos by members, Branches and Regions.

To support Branches and CWU Representatives we have attached to this LTB the following documentation:
An advance copy of the CWU poster – not the printed version (Attachment 1)

A model press release for Branches to use with their local media (Attachment 2)

A copy of an advert that can be used by Branches in local publications (Attachment 3)
Conclusion

It is essential that all Branches and Representatives play an active part and do what they can to make the day a success.

We would urge Branches to select a manageable number of units and focus their efforts on these.

We would also ask you to ensure the content of this LTB and in particular the CWU Poster is provided to all Representatives as soon as possible. Please consider supplementing our national message with your own tailored Branch message in your workplaces.

The external pressures brought about by the privatisation and unfair regulation of the Postal Industry is having a direct impact on the issues we are dealing with in offices across the UK. National Postal Workers Day offers us an opportunity to celebrate the role of postal workers and raise the profile of our campaign.

Please do everything that you can to support National Postal Workers Day.

Yours sincerely
 

Dave Ward Terry Pullinger

General Secretary Deputy General Secretary (P)
Email Attachments – Click to download
LTB 698/16 – National Postal Workers Day – Monday 12th December

Att 1. LTB 698.16 CWU Poster – National Postal Workers Day

Att 2. LTB 698.16 Model Branch Press Release – National Postal Workers Day

Att 3. LTB 698.16 – Advert – National Postal Workers Day