Election of: Parcelforce Worldwide Area Health & Safety Representative/Substitute Area Health & Safety Representatives – 2021

Further to LTB 048/21 dated 9^th February 2021, CWU Headquarters has received notice from the Northern Ireland Combined Branch that their candidate for Substitute Area Health & Safety Representative, North/Scotland and Northern Ireland Mr David Agnew has withdrawn his nomination.

There is no longer a requirement for a ballot and Mr Paul Devlin is elected unopposed.

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

LTB 062/21

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Election of: Parcelforce Worldwide Regional Organiser & Parcelforce Worldwide Regional Organiser Substitute – 2021

Further to LTB 047/21 dated 9^th February 2021, it has been brought to our attention that the ballot timetable for the above election was omitted from the LTB.

Accordingly please find below the ballot timetables for both Scotland/Northern Ireland/North East Regional Organiser and the Substitute Regional Organiser South Central Wales & West Region.

Ballot Papers Despatched:          16 February 2021

Ballot Close:                                      16 March 2021

Any enquiries regarding this LTB should be addressed to the Senior Deputy General Secretary’s Department, telephone number 020 8971 7237 or email address sdgs@cwu.org

Yours sincerely,

Tony Kearns

Senior Deputy General Secretary

LTB 061/21

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Joint Statement between Royal Mail / CWU – Safety and Operational Arrangements During the Covid – 19 Pandemic

Dear Colleagues,

Branches will be aware of the continuing difficulties being experienced within the operation due to the Covid pandemic. You will also be aware that our members’ heroic efforts to provide a fantastic service to the UK public, whilst also playing a key role in fighting the pandemic has proven extremely difficult.

This is due to constraints within the operation arising from single only use of vehicles, social distancing measures in space constrained buildings, particularly in DO’s, whilst also dealing with increased absence rates related to the pandemic. This has now been exacerbated due to the break out of virus variants resulting in local spikes in some cases and areas across the UK.

In addition to this, Royal Mail, as demonstrated in their recent announcements, have experienced a massive boom in parcel growth with record levels of items and in particular tracked items with YOY levels up considerably on those previously ecountered. These factors have placed enormous strain on our members within the operation and in many cases these have impacted on quality of service, in particular on USO and letter deliveries. This aspect has also been the subject of unwelcomed reporting from the media which has raised the focus on Royal Mail and the qulity of service which is being provided.

Accordingly, we have been in dialogue with Royal Mail in order to agree and put into place a structured approach in dealing with these issues and to engender a joint way of working which the Divisional Reps and SDL’s will oversee and for them to jointly monitor the current situation and in particular, concentrate help and provide assistance at pace where “hot spots” of absence and operational issues arise.

We have therefore concluded a Joint Statement, agreed today by the Postal Executive, which we believe will help to provide the process for this activity whilst also ensuring that our National agreements along with full involvement of the CWU are accommodated, and fully taken into account.

As you will note the Joint Statement includes issues that are specific to both the Processing and Delivery functions, whilst also including important commitments that are necessary in the current situation and will assist reps and Branches.

In addition Dave Joyce and the HSE department have been fully involved with those aspects contained within the Joint Statement which fall under his department’s remit.

Branches will note that the Joint Statement also includes the full involvement of the Divisional Reps, who will oversee the activity along with the direct involvement of the Area Reps, with an escalation of any issues that

cannot be resolved to the National Officers to raise with Royal Mail’s senior management team on the joint weekly operational call.

We would like to take this opportunity to thank our Branches, members and representatives for their fantastic efforts in carrying out a vital service to the public and as key workers during this very testing time.

Any enquiries with regard to the content of the above for Delivery Issues please contact the Outdoor Department reference 600 email address: njones@cwu.org 

Any Processing, Area Distribution, Network enquiries please contact Sue Hayman

Reference 014.14 email address shayman@cwu.org

Yours sincerely,

Mark Baulch
CWU Assistant Secretary
Davie Robertson
CWU Assistant Secretary

LTB 059/21 – Joint Statement Between Royal Mail and CWU – Safety and Operational Arrangements 16th February 2021

Safety and Operational Arrangements During the Continued Lockdown Period – February 2021

Key Principles Framework Agreement (Pathway to Change) – Agreed National Guidelines for 2021 Realignment Activity to Rebalance the Operation in Processing Units. (Mail Centre, RDC, WBC)

Branches and representatives will be aware of the commitments related to realignment activity contained within the recently endorsed Pathway to Change National Agreement.

In line with those commitments, discussions have been taking place with the business to conclude arrangements and guidelines for the realignment activity in the Processing, RDC and WBC functions.

Discussions have been protracted but have culminated in the attached Key Principles Framework Agreement (Pathway to Change) – Agreed National Guidelines for 2021 Realignment Activity to Rebalance the Operation in Processing Units (Mail Centre, RDC, WBC) being concluded and endorsed by the Postal Executive (Annex A). 

Colleagues will note that the attached agreement captures the commitments contained in the Pathway to Change Agreement Section 2.3 The Approach to Capturing in the Parcels Market and the sub heading Future Revision Activity in Processing and Distribution. 

The Guidelines also recognise the difficulties related to the unprecedented impact of the ongoing Covid-19 pandemic and provide an Interim Processing Resourcing Realignment Strategy and process to enable activity to be jointly progressed. The process is also supported by the principles of the previously agreed Resourcing Realignment Arrangements 2018.

A governance approach has been included with the Guidelines which empowers Plant Managers and CWU Representatives to utilise their local expertise to reach agreement on revised resourcing outcomes. To support the activity the National Joint Working Group (JWG) will establish a mechanism to monitor that activity is being jointly signed off locally and that it is compliant with all National agreements and relevant SOPs and SSOW. The JWG will also be available to support requests where assistance/clarification is required and will review the ongoing impact of changes post deployment.

The intention of this local activity at each Processing unit is to address resourcing imbalances across all shifts and other associated challenges in relation to efficiency in line with National agreements and ensure that the business is able to respond and adapt to customer demands and enable growth. In particular, the aim will be to reduce reliance on Agency/External Resource, identify and enable agreed productivity improvements and stabilise the network reducing the requirement for workload diversions or the need for relief operational sites and efficiently align resource to workload to meet the evolving traffic levels.

A joint launch has taken place today for Divisional and Area Representatives in relation to the arrangements and a copy of the materials used is attached to this LTB for information (Annex B).

In addition to the joint launch CWU activities are also currently being planned for our representatives to provide support and assistance in relation to the realignment activity.

Any enquiries in relation to this LTB should be addressed to Davie Robertson, Assistant Secretary, email: dwyatt@cwu.org quoting reference: 054.06.

Yours sincerely

Davie Robertson

Assistant Secretary

LTB 058/21

Annex A – Pathway to Change – Processing Guidelines 12.02.21

Annex B and attachments below:

Annex B Presentation – Joint Launch – Resourcing Realignment 2021 – Final 15.02.21

Attachement to Annex B Presentation – Model Week 2021 Revisions

Attachment to Annex B Presentation – Annex B – Weekly Resourcing Meetings – Guidance Document

Attachment to Annex B Presentation – Annex C – Processing Resourcing Checklist

Attachment to Annex B Presentation – Annexe A – Guide for MC Short Term Resourcing Realignment 2021

Attachment to Annex B Presentation – Annexe D – Quality Checklist

Extra Info to Presenation – Appendix 2 – A Guide for Regional Distribution Centre and Walk Bundling Centre Resourcing Realignment

Extra Info to Presentation – Annex B1 MC Resourcing Meetings

Joint Statement between RM National Distribution and the CWU on the Deployment of the 2020/21 National Network Revision

Branches and representatives are informed that in line with the commitments contained in the Pathway to Change Agreement, discussions have been taking place with the business in relation to progressing arrangements for the 2020/21 National Network Revision activity (also referred to as Linehaul Review).

Building on the tried and tested processes developed in previous reviews this year’s discussions have developed aspects of the data gathering process to recognise the increasing fluctuations in workload by modelling across an agreed week, rather than a single day as was previously the case. This year’s review will also include for the first time the workload associated to the Mini VOC’s created since the inception of the Area Distribution PAD revision activity and will include consideration of the formal introduction of a full VOC at Atherstone, to alleviate capacity issues in the Midlands and replace the current seasonal arrangements at that site.

Effectively all other aspects of the process will mirror previously agreed arrangements and attached for information is a Joint Statement covering the detail and process for the deployment of this year’s review, which has been endorsed by the Postal Executive.

Branches will note that it is reaffirmed that the revisions will support both current Workplan arrangements, including current scheduled Delivery Office arrival times and our joint Ambitions & Growth agendas.

As with the previous Network Review Joint Statements the process fully recognises the role of the CWU at all levels and ensures that any operational savings are recorded for potential consideration in ongoing incentive discussions.

All activity will be overseen by the Network Working Group.

Colleagues will note that the Stage 1 Data Gathering will commence on the 15th February 2021 and representatives are therefore requested to engage with management accordingly in relation to the activity and release arrangements. 

Due to the nature of the duty structures in National Distribution (Logistics) function it was previously agreed that in respect of the 1st Hour of the SWW, equal benefit would be applied in the form of payment for the first hour of Meal Relief each week. This approach will continue and it is confirmed that the National Distribution Professional (LGV) Drivers will receive additional payment at the appropriate standard hourly rate in relation to the second hour of Meal Relief each week, when the National Network Review is deployed. 

Any enquiries in relation to this LTB should be addressed to Davie Robertson, Assistant Secretary, email: dwyatt@cwu.org quoting reference: 233.15

Yours sincerely

Davie Robertson

Assistant Secretary

LTB 056/21

JS National Network Review 2021 12.02.21

Scottish Government Consultation Paper – The Criminal Law Dealing With Dangerous Dogs:

This report is being issued further to LTBs 444/19, 553/19, 568/19, 536/20 and 014/21.

Branches, ASRs and Regional Health and Safety Sub-Committees will be aware of the lobbying of the Scottish Government, calling for a review of Dog Control Laws in Scotland and its enforcement through the above listed LTBs, previous reports and reports to the RMG/CWU/Unite CMA National Joint Dog Awareness Working Group.

The re-launched, concerted ‘Bite-Back’ campaign in Scotland resulted in winning the support of all political parties from which, a Motion tabled by Scottish Nationalist Government backbenchers was supported by all parties (SNP, Labour, Conservative, LIB Dem and Greens) and was carried unanimously in the Scottish Parliament calling for a review of Dog Control Law.

This in turn led to a formal enquiry by the Scottish Parliament’s ‘Public Audit and Post Legislative Scrutiny’ (PAPLS) Committee which produced a report consisting of 31 recommendations, the key findings of which supported the CWU campaign objectives.

The Scottish Government’s Public Audit and Post-Legislative Scrutiny Committee concluded that:

• The Control of Dogs (Scotland) Act 2010 has had limited effect in preventing or reducing the number of dog attacks in Scotland.
• The current dog control law is not fit for purpose.
• The Scottish Government should undertake a comprehensive review of all dog control legislation without delay, with a view to introducing modernised, fit for purpose, consolidated dog control legislation.
• In the interim, the Scottish Government should improve the implementation of the 2010 Act.
• 31 Recommendations were made in the Inquiry Report.

The Minister for Public Safety Ash Denham gave an assurance to the Parliament and the PAPLS Committee to meet the CWU to discuss the subject.

Following publication of the PAPLS Report and Parliamentary debate, two meetings with the Minister took place in the Scottish Parliament in Edinburgh with the Scottish Government Minister Ash Denham (Minister for Community Safety) and Jim Wilson Scottish Government Justice Directorate/Head of Communities and Public Services to discuss dog control.

At the meetings, Ash Denham and Jim Wilson reiterated and emphasised that the Scottish Government is committed to responsible dog ownership to help keep communities safe.

Jim Wilson has subsequently stayed in touch with the Health, Safety & Environment Department at CWU/HQ and we’ve had monthly update Skype calls. We were assured that the deficiencies in Scotland’s dog control laws were recognised and would be addressed and that two public consultations would be carried out – firstly on what could be done immediately to better enforce the existing law and secondly on what needs to be done to change, improve and strengthen the dog control laws and enforcement.

At the launch of this Consultation, the Minister said “We are determined to keep Scotland’s communities safe from these irresponsible owners and their dangerously out of control dogs. This new review is focused on steps that might be taken to improve how the criminal law deals with individuals whose dogs pose a danger to the public.”

Following an earlier consultation in 2020, the Scottish Government published updated statutory guidance in respect of the operation of the Control of Dogs (Scotland) Act 2010 and the use of Dog Control Notices which is helpful.

This second consultation, promised by the Minister and by far the more important one, was published on the 5 February and this deals with the central, key issues that we have highlighted as needing amendments to the law.

Section 3 of the 1991 Dangerous Dogs Act (“section 3 offence”) deals with threatening behaviour or attacks by any type of dog. It provides that, if a dog is dangerously out of control in any place (whether or not a public place), the owner (or if different, the person for the time being in charge of the dog) is guilty of an offence. This offence is aggravated if the dog injures a person whilst out of control.  Section 10(3) provides a definition of “dangerously out of control” and states that a dog can be regarded as being dangerously out of control if there are grounds for reasonable apprehension that it will injure a person, whether or not it actually does.

The Consultation centres on three key areas of the law;

Firstly, the consultation explains that Scotland has taken a different approach to the statutory interpretation of the section 3 offence (dangerously out of control) as compared with England, Wales & Northern Ireland and section 10.3 (reasonable apprehension) and points out that Scottish courts’ interpretation of the law (and indeed the Scottish Crown Office and Procurator Fiscal Service) means that prior actions of the dog (bites, attacks, aggression) and the fact that the owner knew about them is required (in Scotland) to be established in evidence, in order for an offence to be committed, prosecuted, and convicted. (This is known in Scotland as the unwritten “One Free Bite Rule”).

As such the consultation paper acknowledges fully the points the CWU has been arguing strongly and notes that the existence of this requirement as part of the offence proves to be a very difficult evidential hurdle, as the police and prosecutors are required to carry out inquiries into the previous behaviour of the dog and the knowledge held by the dog owner/or person in charge of the dog. This results in many prosecutions not being proceeded with and many convictions not being secured – regardless of the degree of injury inflicted on a victim (or death for that matter) suffered as a result of a dog attack. Criminal law in Scotland requires ‘corroboration’ of the essential elements of a criminal offence.

Interestingly, the Consultation Paper lists 6 example cases tried in the courts of Scotland, summarising the outcomes and failures to convict – in comparison with 3 well known and similar cases tried in England and Wales which were interpreted quite differently and resulted in convictions.

Views sought on possible approaches to dog control criminal law are a straightforward choice of two options:

Option 1 – placing an absolute responsibility on dog owners as to the behaviour of their dogs. (which is what we have called for).

Option 2 – Stay as now – requiring some knowledge on the part of the dog owner or person in charge of a dog that the dog would act in a dangerously out of control manner. (Retaining the ‘One Free Bite Rule’).

• CWU/HQ will very obviously support Option 1.

Secondly, the consultation is seeking views on providing new, more effective powers for seizure of dogs in respect of where a destruction order is pending consideration by the court or a destruction order is being sought, or in other situations involving dangerous dogs. Presently Local Authority Dog Wardens or Officials have no seizure powers and police officers are required to go through the time consuming and resource intensive process of applying for a warrant on oath at the court.

• CWU/HQ will obviously support more effective seizure powers without the need for a warrant or court order.

Thirdly, the consultation is seeking views on dog control law consolidation. As we know, dog control law is provided for across a range of current legislation and the consultation asks whether bringing together relevant legislation into one overall enactment can make it more user friendly and accessible.

• CWU/HQ has always supported dog law consolidation due to the number of various Acts on the Statute Books and will obviously support this also.

The Closing date for the consultation is 30 April 2021.

The Consultation/Discussion paper and on-line response form is at:

https://www.gov.scot/publications/scottish-government-discussion-paper-criminal-law-dealing-dangerous-dogs/pages/3/

(A pdf copy of the Consultation/Discussion paper is attached).

IMPORTANT: A response will be submitted on behalf of the CWU nationally by the Health Safety & Environment Department but we would ask all members and Reps living in Scotland to respond as individuals in order to ensure a good majority in favour of the important changes set out above. Those responding to the Consultation and the 3 main questions should:

1. Support the placing of an absolute responsibility on dog owners as to the behaviour of their dogs.
2. Support more effective seizure powers without the need for a warrant or court order.
3. Support dog law consolidation due to the number of various Acts on the Statute Books and we would obviously support this also.

Thanks for your support.

Yours sincerely

Dave Joyce
National Health, Safety & Environment Officer

LTB 055/21 – Scottish Government Consultation Paper – The Criminal Law Dealing With Dangerous Dogs

discussion-paper-criminal-law-dealing-dangerous-dogs

• Parcelforce Worldwide Regional Organiser – 2021
• Parcelforce Worldwide Area Organiser – 2021
• Parcelforce Worldwide Regional Organiser Substitute – 2021
• Parcelforce Worldwide Regional Chair – 2021

Further to LTB 010/21 dated 8^th January 2021 at the close of nominations on the 9^th February 2021 the following were received:

REGIONAL ORGANISERSSouth East RegionDavid BanburyKent Invicta Branch(ELECTED)Central Region  Christopher JohnsonNottingham District Amal Branch(ELECTED)Scotland/Northern Ireland/North East  RegionBallot RequiredEamonn CookeNorthern Ireland Combined BranchJohn MeehanGlasgow District Amal BranchNorthern RegionMark WalshGreater Mersey & SW Lancs Branch(ELECTED)South Central Wales & West RegionRichard WilkinsSouth Central Postal Branch(ELECTED)

AREA ORGANISERNorthern Ireland              David AgnewNorthern Ireland Combined Branch(ELECTED)

REGIONAL ORGANISER SUBSTITUTESSouth East RegionAndrew ClarkKent Invicta Branch(ELECTED)Central Region  Peter ConroySouth Midlands Postal Branch(ELECTED)Scotland/Northern Ireland/North East  RegionMark RichardsScotland No 5 Branch(ELECTED)Northern RegionIan SchofieldNorth Lancs &  Cumbria Branch(ELECTED)South Central Wales & West RegionBallot RequiredMartin BurgessPlymouth & East Cornwall BranchBarry ParkerSouth East No 5 Branch

REGIONAL CHAIRSouth East RegionNeville LampkinSouth & East Thames Amal Branch(ELECTED)Central Region  Razor TuckerBirmingham District Amal Branch(ELECTED)Scotland/Northern Ireland/North East  RegionGraeme KiddNorth Lancs & Cumbria Branch(ELECTED)Northern RegionNo Nominations ReceivedSouth Central Wales & West RegionBarry ParkerSouth East No 5 Branch(ELECTED)

Any enquiries regarding this LTB should be addressed to the Senior Deputy General Secretary’s Department, telephone number 020 8971 7237 or email address sdgs@cwu.org

Yours sincerely,

Tony Kearns
Senior Deputy General Secretary

21LTB047

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Royal Mail Fleet Safety Notification (Red TSB -Technical Service Bulletin) – New HGV Tyre Legislation Banning the Use of Tyres Over 10 Years Old (Applicable to All HGVs, Trailers, Coaches and Minibuses):

See attached for your information and attention ‘Red, Safety TSB’ No 02/21 issued by Royal Mail Fleet.

New Law

From 1 February 2021 new legislation came into place banning the use of tyres over 10 years old.

Tyres fitted to ‘Steer’ Axles on all HGVs over 3.5 tonne, Buses, Coaches and all single wheels on minibuses (9-16 seats) must be less than 10 years old.

If fitted they will lead to MOT FAILURE or at roadside check an immediate S marked PROHIBITION NOTICE.

Fleet Workshops Fix 

All vehicles in scope being presented for MOT MUST have compliant tyres. The date of manufacture is normally stamped on one side of the tyre. When completing the vehicle tyre inspection, Fleet Workshop staff will be checking the size, rating and date and highlighting the tyre markings with a yellow crayon (this will show it’s been checked).

Fleet Workshops Action 

From January Fleet Workshops will check the manufacture date on ALL HGV tyres to ensure legal and safety compliance and the date of the tyre will be entered on the vehicle inspection sheet.

If the date is not legible on an HGV steer axle the tyre MUST be replaced. If the date is not legible due to be being twinned on a drive axle, then a note must be made on the inspection sheet that it cannot be checked.

These checks will also take place and be recorded for trailers, although they are not in scope to receive a MOT or roadside prohibition but may incur an advisory notice.

This TSB, and guide video are available on the SharePoint site link: TSB 02 21 and Video

Useful References: – Guide to Maintaining Roadworthiness, HGV Tester’s Manual and Categorisation of Defects.

An update of the RM Fleet Tyre Policy will also be completed and published in due course.

HGV Drivers & Tyre Safety Campaign

HGV Drivers will also now need to check the tyre side wall date markings on their vehicle/trailer pre-use checks.

A year ago, last February we ran a joint ‘Tyre Safety’ campaign for Road Safety Week – See LTB No. 078/2020.

The campaign concentrated on key messages to drivers and managers with the emphasis on how important it is for drivers to ensure that vehicles are safe to drive by checking the tyres before commencing their driving work duties. The Tyre Safety campaign covered routine tyre safety checks and maintenance: air pressure; condition; and tread depth, encouraging drivers to check their tyres before commencing their driving duty as part of their pre-use checks and checking the tyre age marking now becomes part of that.

Things To Check:

• Tyre age markings on the side walls.
• Air pressure is at the recommended setting.
• Condition: lumps or bulges, cuts and cracks may mean the tyre may need replacing.
• Tread depth: should be checked to ensure it is above the minimum limit.

Some Tyre Facts:

• 40% of fatal or serious RTCs are caused by defective tyres.
• During 2019/2020 Royal Mail breakdown providers removed over 1,700 illegal tyres from Royal Mail and Parcelforce vehicles.
• The tyres were either worn out, damaged or under/over-inflated and dangerous.
• Apart from the danger driving with illegal tyres is a £2,500 fine and 3 penalty points per tyre if caught.

Attachment:

• ‘Red, Safety TSB’ No 02/21

Yours sincerely

Dave Joyce
National Health, Safety & Environment Officer

LTB 053/21 – Royal Mail Fleet Safety Notification (Red TSB -Technical Service Bulletin) – New HGV Tyre Legislation

TSB 02 21 Red HGV Tyre Age Legislation

KEY PRINCIPLES FRAMEWORK – THE PATHWAY TO CHANGE AGREEMENT (PAY ARRANGEMENTS)

Further to LTB 38/21 which confirmed the ballot result and endorsement of the above agreement, following dialogue with the business, details of the implementation of the two pay awards are reproduced below.2020 – 2.7% Pay Award

2.7% uplift of weekly paid employees to commence from 22^nd February 2021and in February salaries for monthly paid employees. The uplift and arrears will be received at the same time by both weekly and monthly paid employees on pay date Friday 26^th February 2021.

Colleagues will appreciate that the payroll team experience a very heavy workload at the start of April, including work related to the tax year end. In addition to this the 1% pay uplift coinciding with the Easter holidays has made it difficult to implement the weekly pay uplift from the start of April. The arrangements for this element of the pay award are detailed below.2021 – 1.0% Pay Award

The 1% uplift will be implemented from week commencing 26^th April 2021 for weekly paid employees. The revised pay rates and arrears will be in both monthly and weekly-paid employee’s pay packets on 30^th April 2021(backdated to the start of April).

The pay review and arrears will not apply to any former employee who left employment prior to the date of communication of the negotiators’ agreement on 18^th December 2020.

Any enquiries in relation to the content of this LTB should be addressed to the DGS(P) Department.

Yours sincerely,

Terry Pullinger
Deputy General Secretary (Postal)

LTB 43/21 – KEY PRINCIPLES FRAMEWORK THE PATHWAY TO CHANGE AGREEMENT (PAY ARRANGEMENTS)

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