POST OFFICE: FUTURE OF THE POST OFFICE, JOB SECURITY & PENSIONS – INDUSTRIAL ACTION AND POSTCARD CAMPAIGN
Dear Colleagues
 
All reports received regarding the strike on Saturday 3rd December indicated it was successful overall. The senior managers who were dispatched to work in the Crown Office Network on the first two strike occasions did not cover the action on Saturday. This meant Crown Offices that had been kept open on previous strike days were on this occasion closed. This strike action focused primarily on the Crown network as the vast majority of our members in Supply Chain work Monday-Friday as there are no cash deliveries to Post Offices on Saturday. Also our Admin grades are generally Monday-Friday duties with the exception of the Customer Helpline based in Chesterfield and the call centre above Caernarfon Crown Office. For the third occasion running, Unite members were also called out on strike.
Further Strike Action
Given the Post Office is continuing to deploy its plans, it is necessary to escalate the industrial action. To this end, the Postal Executive has unanimously endorsed 5 further days of strike action as follows:
Monday 19th December – Crowns & Admin

Tuesday 20th December – Crowns & Admin

Thursday 22nd December – Supply Chain

Friday 23rd December – Supply Chain

Saturday 24th December – Crowns & Admin

This decision has not been taken lightly and it is disappointing that the Post Office has so far failed to respond positively to the legitimate and serious concerns of our members. Therefore, the blame for the service to the public being disrupted lies squarely at the door of the Post Office, especially as it is clear they are planning to press ahead with more franchising, closures, job cuts and the closure of the Defined Benefit pension scheme. Worryingly the Post Office has no clear strategy for growth or a future vision that includes our members; hence the crisis. We need to fight for the very future of this industry and our jobs. It is for this reason an escalation of strike action is required.
All Branches and Representatives are urged to support our Post Office members.
Negotiations with the Post Office
We need to get the Post Office into serious negotiations in order to establish a mutually agreeable way forward to resolve this dispute.
Accordingly, following the Postal Executive meeting last week, a letter was sent to Martin Kirke, HR Director, on 7th December offering to meet all day every day this week for meaningful negotiations. A response was received on 9th December accepting just one day of talks on Wednesday 14th December. Clearly, after three strike days there appears to be no sense of urgency from the Post Office to resolve the dispute and this further demonstrates why we need to escalate the action. We have written back to the HR Director to express our disappointment surrounding the tokenistic one day for negotiations and made it clear that this indicates the Post Office is not serious or committed to meaningful engagement. We have also reiterated that our negotiating team remains available on Thursday and Friday this week to continue negotiations.
It should be noted that despite the Post Office’s recent positive comments in the press and in communications to members regarding its desire to resolve the dispute, no dates for negotiation were offered by the Post Office. The only meeting we have been invited to attend with the Post Office is the Group Executive on Wednesday 22nd December, which is the day after the close of the government consultation on the Post Office Network and ELEVEN weeks since our last meeting at ACAS. This is no substitute for proper negotiations and is deliberately designed to delay meeting with us until after the Christmas pressure period is over.
Press and Media 
The issues surrounding the Future of the Post Office and the BEIS consultation on the Post Office Network have gained significant media interest over the last few days with articles in the Sunday Telegraph this weekend which focused on the future of the rural Sub Post Offices and contained a quote from Dave Ward. The article can be accessed by using the following link:
http://www.telegraph.co.uk/news/2016/12/10/future-rural-post-offices-hang-balance-ministers-consider-change/
There was also a piece in The Times this morning (attached), following on from the Telegraph’s story on the rural Sub Post Offices. In addition, Andy Furey was interviewed on LBC radio earlier today.
EDM 571 – Future of the Post Office
The above EDM has now gained support from 100 MPs which is a reasonable response after a slow start. Following the bankbench debate last month, we will be doing everything possible to raise the number of signatures further. Your assistance in this regard is appreciated and Branches are urged to examine the list of MPs who have signed the EDM and contact those who have yet to do so.
Postcard Campaign – Delivery to BEIS on Monday 19th December
Thank you again to Regional Secretaries, Branches and Representatives who have already returned thousands of postcards in response to the government’s consultation on the Post Office Network.
The deadline for returning postcards has been extended to Wednesday 14th December. Please make every effort to get as many postcards completed and returned to Marcia Murray in the Communications Department by this date.
On the morning of Monday 19th December, the first strike day, the postcards will be delivered in bulk to the offices of BEIS in Victoria Street, London. Further details in regards to the event on the day will be provided at the earliest opportunity.
Further developments will be reported.
 
Yours sincerely
 
 
Andy Furey Terry Pullinger Dave Ward
Assistant Secretary Deputy General Secretary (Postal) General Secretary
 
 
Email Attachments – Click to download
LTB 728/16 – POST OFFICE: FUTURE OF THE POST OFFICE, JOB SECURITY & PENSIONS – INDUSTRIAL ACTION AND POSTCARD CAMPAIGN

Attachment 1: LTB 728/16

After 27 years, it’s time to leave the CWU. What will the future hold?

Source: Signing Off, Signing In…..

JOINT STATEMENT BETWEEN ROYAL MAIL AND THE CWU COVERING THE DEPLOYMENT OF MASTER MOVER ALL TERRAIN ATP400 PEDESTRIAN OPERATED ELECTRIC TUG AND MODIFIED PEDESTRIAN POWERED PALLET TRUCK FOR THE MOVEMENT OF NESTED YORK CONTAINERS IN THE MAIL CENTRE & REGIONAL DISTRIBUTION CENTRE NETWORK 
Dear Colleagues
 
Branches will be aware that in May 2015 the department issued LTB 341/15 Joint Statement between Royal Mail and the CWU Covering the Deployment of Mastermover ATP400 for the Movement of Nested York Containers in the Mail Centre and Regional Distribution Centre Network.
Subsequently in January 2016, a Terms of Reference was endorsed by the Postal Executive to allow further trial activity to take place in relation to using the ATP400 to load nested Yorks on a dock leveler at North West Regional Distribution Centre (NWRDC), Yorkshire Distribution Centre (YDC) and Leeds Mail Centre. In addition the TOR also covered a proposed modification in relation to a Pedestrian Powered Pallet Truck for the movement of nested York Containers in the Mail Centre and Regional Distribution Centre network. 
The trial activity has now concluded and recommendation from the Trial Coordination Working Group has been received that the changes that were trialed are suitable for deployment and the relevant H&S document has been concluded. 
The department has therefore concluded a Joint Statement with the business to enable the deployment to take place. A copy of the Joint Statement is attached for the information of Branches along with the relevant safety documentation.
Colleagues will note that in line with previous agreements the Joint Statement provides for continued full CWU involvement in the deployment activity.
Branches are requested to ensure that this LTB and the attached Joint Statement is brought to the attention of our representatives and members.
Any enquiries in relation to this LTB should be addressed to Davie Robertson, Assistant Secretary, email: dwyatt@cwu.org or shayman@cwu.org quoting reference number: 715.16
Yours sincerely
 
 
Davie Robertson  
Assistant Secretary  
Email Attachments – Click to download
LTB 725/16 – JOINT STATEMENT BETWEEN ROYAL MAIL AND THE CWU

Attachment 1 – JS Deployment of Nested York Containers 06.12.16

Attachment 2 – MasterMover ATP400 SSoW v4 11-11-16

Attachment 3 – Risk Assessment APT400

Attachment 4 – MP20 v1

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