PROPORTIONALITY EVENTSAVE THE DATE: WEDNESDAY 17TH FEBRUARY 2016

 

I am writing to advise branches that there will be a Proportionality Event to be held in London on Wednesday 17th February 2016. The full details of the event are as follows:

 

• Date: Wednesday 17th February 2016

• Venue: TUC Congress House, Great Russell Street, London, WC1B 3LS

• Time: 11.00am – 4.00pm

 

 

Branches are invited to send a maximum of five delegates.

 

Delegations must take account of proportionality of the branch membership and include representation from under-represented groups. The delegation must also include at least one principle officer of the branch (Secretary or Chair). For Postal branches it would be desirable that a senior Industrial Representative i.e. Area Rep be included in branch delegations.

 

For monitoring purposes, branches will be asked to pre-register online their delegations and we will issue further instructions in the next week or so.

 

An agenda booklet will be sent to branches in good time for the event.

 

Any queries relating to the content of this LTB should be referred to the General Secretary’s Office at gsoffice@cwu.org quoting Ref GS2.2/LTB775/15.

 

Yours sincerely

 

 

​​​ ​​

Dave Ward​​​​​​

General Secretary​

Motion 62 : Review of Legal Services Department Employment Law 

Conference carried Motion 62 at this year’s annual conference and instructed the NEC to provide a report to branches. A draft document was placed before the NEC at its November meeting.

 

In addition to the points raised during the debate at annual conference and in order to address a number of issues that had consistently been raised with my department, I issued LTB 475/2015 and sought the views from branches on the following.

 

Q1 The criteria for support current conference policy requires claims to have a greater chance of success than failure if we are to provide support, i.e. greater than 50%.

 

Q2 Should we support claims that commence prior to an individual becoming a member of the CWU? The current national rule 3.2.4 states no member shall be entitled to retrospective benefits or services.

 

Q3 If a claim fails to be supported by CWU HQ having been assessed via the Legal Services Department and the member decides to pursue their claim privately and subsequently is successful, should CWU HQ offer financial assistance towards legal costs? The current position does not provide this facility.

 

I received eleven responses from branches and a summary is listed below.

 

Q1 6 supported the current criteria, 5 suggested it should be reviewed.

 

Q2 11 supported the current policy.

 

Q3 1 supported the current position,10 stated the policy should change.

 

The principal theme within the motion was the need to review the services provided to our members as a result of the numerous changes made to employment rights by the Government, all of which have had a serious negative impact on an individual’s ability to access justice.

 

 

 

 

 

 

 

The review needs to address two fundamental issues.

 

How can we assist branches in dealing with our members original enquiries.

 

How can we improve the system of support at national level via the Legal Department.

 

The vast majority of our members who claim unfair dismissal receive support from local officials during the agreed discipline procedures and find it difficult to understand the reasons why the union then decides not to provide representation at a tribunal.

 

Members are entitled to representation by the CWU relating to conduct and disciplinary issues as an integral benefit of union membership. However, no such right applies to representation at an Employment Tribunal. Members have a legal right to apply to the Tribunal Service if they have a dispute but CWU support is a discretionary benefit as per national rule 4.1.7.

 

The simple fact remains, the tribunal process is not a re run of an internal discipline process. Tribunals do not have the authority to apply their own interpretation as to the validity of a disciplinary award made by an employer. Their role is to decide if the actions of the employer are lawful.

 

I can well appreciate the frustration of local officials who have to break the news to their members in circumstances where national support is not forthcoming at the tribunal stage. However my department not only has a responsibility to provide legal services to our members, it also has a responsibility to act within the rules of the Union.

 

In dealing with the terms of Motion 62, I need to clarify a few points.

 

During the debate at annual conference there was a misunderstanding regarding the early conciliation (EC) process, as listed within the motion and as expressed by speakers during the debate.

 

The motion sought to put in place a process whereby a member requesting support from the CWU should receive some indication from the Legal Department as to the merits of their claim during the four week EC process, in order for the member to be in a position to make an informed decision on how to proceed with their claim if support was not forthcoming from the CWU in advance of any tribunal issue fee being paid to enter into the tribunal system.

 

At the moment, the issue fees (£160 or £250 depending on the type of claim) are refunded by CWU HQ irrespective of the merit of the claim and the branch was attempting to avoid this expenditure being incurred by HQ in situations where our members claim did not meet the merit criteria.

 

The facts are that the EC process begins when our member contacts ACAS which is mandatory and provides ACAS with basic details of the claim plus the contact details of whom the claim is against (usually their employer). ACAS then make contact with the employer to see if they are prepared to enter into early conciliation. If the answer is yes, then there is a four week period for discussions to take place. If the answer is no to EC, the process then ends and the member can apply to the Employment Tribunal, at which point the issue fee has to be paid.

 

 

 

 

 

 

So in reality and is more often the case, the employer says no. Therefore there is no four week period in which the Legal Department can provide a view as to the merits of our members’ case.

 

The NEC agreed to pay the issue fees, in order to ensure our members were not disadvantaged by the Government’s introduction of such fees which allows our member the opportunity to pursue their claim, with or without, CWU support.

 

The sponsoring branch intentions were to try and avoid the CWU from incurring this expenditure where our member presented weak claims. Sadly, the EC process does not always provide the time, or opportunity, for an opinion to be formed as to the merits of our members claim. Another problem with trying to form an early opinion at this stage is the Legal Department would not have sight of the necessary documents i.e. the employers response to our members claim in order to make an informed view. It would not be in the members’ best interest if we indicated CWU support having only had sight of one side of the dispute.

 

We could however indicate to our members’ based on their evidence alone if we felt their potential claim was poor providing we had details of the internal disciplinary notes.

 

Another issue listed within the motion requested in circumstances where our members claim had potential merit members receive some legally based communication that does not mislead the member around total support.

 

Again the wording creates some difficulty, in so far, that a claim that has potential merit does not always mean the claim will always have our total support. The strength, or weakness, of a case will develop as we investigate the claim and as new evidence is obtained this will impact on what level of support we can provide.

 

Current Claims Process. At present the Legal Department makes use of both our panel solicitors and our own in house ET Panellists to assess our members’ claims, depending on the complexity of the claim. In circumstances where the advice is not favourable we get requests from the member and/or the branch to seek a second opinion. This normally follows the route of if the case was assessed by our solicitors members’ seek an additional view from our ET Panellist who would have a more detailed operational knowledge of our members working environment and may take a more practical view of the claim, as opposed to a purely legal view. This has, on occasions, produced a different view as to the merits of the claim and a successful outcome for our member. The same applies when claims are first assessed by our ET Panellist; members then seek an additional legal opinion from our solicitors.

 

In order to improve the service we provide in these situations we now have an opportunity to have the best of both worlds. Within our own law firm, Unionline, we have a team of experienced employment lawyers who we can access. To date, they have been assessing employment claims for GMB members with a great deal of success. We are now able to tap into this resource and have our members’ claims assessed by them. Claims are assessed based on documentation alone and written legal advice is provided. The advice would then be sent to our ET Panellists who then armed with the initial legal advice would then discuss the case with our member/ branch and make a final assessment as to the merit of the claim and recommend CWU support, or otherwise.

 

 

 

 

 

 

An additional benefit for making use of Unionline is financial. At present we pay our panel solicitors an annual retainer to provide legal opinion on our members’ claims. The employment team within Unionline can absorb the CWU employment work at no additional cost, thus removing the need to make the retainer payment to our solicitors.

 

Branches should note that Unionline employment team do not run claims to tribunal so we would continue to use our in house ET Panellists and our panel firms when required.

 

Proposed Action Points

 

Early Conciliation Process. Assistance will be provided to branch officials in line with previous LTB’s 186/14 and LTB 205/14 and additional training will be developed and continue to be provided on request from branches or regions. The EC process has to be entered into before members’ can access the Employment Tribunal system. Advice as to the merit of our members’ claims will be given, where possible, this will depend on information available and time limitations.

 

Payment of Tribunal Issue Fees. We should continue to pay these fees on behalf of our members unless there are clear indications that the claim has little or no merit. Assessment to be made during Early Conciliation process, where possible. If the member decides to proceed with an ET application without CWU support, then the fee will be their responsibility.

 

ET Assessments. All appropriate Employment applications to be assessed by our employment lawyers at Unionline providing initial written advice. Details will then be forwarded to our ET in house panellists who will, wherever possible meet with the member and/or branch to discuss the merits of our members’ claim and make recommendations on providing representation at the tribunal. In more complex tribunal claims, e.g. those involving discrimination issues we will also continue to make use of our panel solicitors.

 

In addition to the above Unionline is now able to provide advice on employment issues via the helpline (telephone number 0300 333 0303) which members and branch officials can access direct for advice and information, as well as obtaining advice from the Legal Services Department.  

 

All of the above measures will, I believe, improve the service to our branches and members.

 

Turning now to the three issues raised in LTB 475/2015.

 

Q1 There is strength of opinion that the criteria for supporting members’ claims should be viewed with a wider outlook taking into consideration the operational circumstances surrounding our members claim as well as the legal advice. I believe this is a sensible approach which would allow a degree of flexibility when arriving at a final decision.

 

Q2 There was a clear view that services should not be provided retrospectively.

 

 

 

 

 

 

 

 

 

 

Q3 There is strong support for providing some financial assistance to members who decide to run their ET claims as private clients in circumstances where the Legal Department has rejected their claim based on the merit criteria. In such situations the level of financial assistance should be based on the individual circumstances of each claim, taking into consideration the findings detailed within the tribunal judgement and any contributory factors, such as evidence provided during the tribunal hearing that was not available to the Legal Department at the point the claim was assessed.

 

As part of the review the NEC gave consideration and reached agreement on the following issues.

 

That a review of the current panel of solicitors takes place in relation to the previous advice we received against the final outcome of the cases. In addition, the Legal Department will also explore the option of a more specialist pool of individual solicitors/barristers for future cases/representation.

 

That the Legal Department introduce a new process of reviewing the outcome of ET cases in terms of lessons learnt in the form of a summary that will be produced every six months to assist with future representation and to assist with discussions/negotiations on future industrial agreements.

 

Amongst the more difficult claims the Legal Department has to deal with are ones where individuals join the Union at the last minute just prior to a formal dispute being raised with their employer and then seek legal advice and representation from the CWU. This usually occurs in industries outside of our core membership base. Such claims require a higher level of investigation which amounts to a disproportional level of incurred costs in relation to the level of membership subscriptions paid by the new member. This situation leads to a “pay as you go” style approach to union membership and our experience shows that in many instances the individual only joined the Union in order to obtain free legal advice and representation. In order to prevent individuals from taking advantage of this situation and to also ensure the resources of the Legal Services Department are provided to genuine members, the NEC has decided to place a six months time limit on union membership before members are entitled to representation in Employment Tribunal matters. To clarify the point, members who have less than six months membership will be eligible to receive initial advice but will not be eligible to receive legal representation in employment issues. This is with immediate effect for all new membership applications.

 

It is clear that the provision of legal services requires constant review, taking into account changes in legislation being introduced by the Government along with the needs of our membership and the financial constraints of the Union.

 

Conclusion :

 

The following recommendations have been agreed by the NEC.

 

The general principals contained within the report are agreed.

 

The merit criteria previously agreed at annual conference now becomes a guideline.

 

The current rule on retrospective benefits or services remains. National rule 3.2.4 refers.

 

 

 

 

 

 

Financial assistance is provided to members on a discretional basis, as outlined in the report.

 

A six month membership period is applied before legal representation is provided in employment issues. Applicable to all new membership applications.

 

The contents of this report apply to all members in England, Wales, Scotland and Northern Ireland. However, branches should note that the range of services available to our members will vary because of the different legal jurisdictions that are in force within these geographical areas.

 

If you have any queries regarding the above, please contact Tony Rupa, Head of Legal Services, Communication Workers Union, 150 The Broadway, Wimbledon, London, SW19 1RX. Telephone 0208 971 7444 or via email trupa@cwu.org

 

Yours sincerely

 

 

 

 

 

Tony Rupa

HEAD OF LEGAL SERVICES

LONDON RECRUITS 

The NEC recently agreed to support an independent film production under the working title of “London Recruits”. The film tells the story of how young, white Britons supported – and indeed kept alive – the anti-apartheid struggle being waged in South Africa by the then underground, outlawed and persecuted ANC. This was very much an unwritten chapter in the Anti-Apartheid struggle, but it is certainly a story that deserves to be told.

 

The producers have made a brief promotional video that can be accessed online at https://vimeo.com/132600397 (password: BAREFOOT).

 

The CWU’s predecessor unions all had strong links with the Anti-Apartheid Movement and we continue to support the work of its successor, ACTSA.

 

Finally, the main themes of the film of international solidarity, resistance against oppression and imaginative, direct campaigning are all those that are very much part of the CWU’s core values.

 

For all of these reasons, the NEC believe this project is worthy of support. Branches are asked to visit the dedicated website http://www.londonrecruits.org to find out more about the project.

 

The film is dependent on independent funding and has launched an appeal for donations. Details of how contributions can be made at http://kck.st/1ljipq9 .

 

 

Yours sincerely

 
 

Dave Ward

GENERAL SECRETARY

 

Processing Report 

Christmas 2015

Christmas pressure has begun and already there is a considerable amount of staff that are not turning up for their pre-scheduled overtime. Resourcing for the Christmas pressure period is planned weeks in advance. When staff do not turn up for their overtime it puts the operation at risk. Can all staff please let the book room know if you are unable to attend your pre-scheduled overtime as soon as you know so the business have a chance to resource against it. If you just do not turn up it puts the operation at risk.

 

LTB 769/15 Christmas & New Year Arrangements 2015/16 was released on Wednesday 3rd December and is on display on the union board. The LTB has been published late considering we are in the first week of Christmas pressure and local Christmas agreements had already been signed.

 

Para 3.2 of the document makes reference to Saturday 26th December not being a bank holiday but has been declared a non service day by Ofcom and if required staffing should be on a voluntary basis. After speaking with management it has been agreed that there will not be a requirement for resourcing on this day. There may be a requirement for a couple of staff to work the night through to Sunday morning to oversee the Network arrivals.

 

Paragraph 4 makes reference to the Christmas pay supplement bonus of £100 and the £100 agreed in the National Joint Statement – New Incentive Arrangements June 2012 for full time staff pro-rata for part time will be paid on Friday the 18th December.

 

The eligibility for staff to receive the bonus and for part time staff who change their contract to full time on a temporary basis over the Christmas pressure period is copied from Royal Mail Letters – Christmas Pay Supplement 2012 below.

 

Part Time Employees

The Christmas Supplement is paid pro-rata to the conditioned hours in effect at the date of payment. Where part-time employees increase their contractual hours for a two week period during the Christmas period their Christmas Supplement will be increased to reflect their increased hours. However, where part-time employees work either overtime or Scheduled Attendance, these hours will not be reckonable for Christmas Supplement payment.

Eligibility

Eligibility for payment is linked to employment within the Christmas pressure period:

For each full week an individual receives no pay during the pressure period (e.g. unpaid special leave etc.) the individual will lose one-quarter of the supplement.

For each full week where basic pay is reduced for Sick Pay Pension Rate, the individual will lose one-quarter of the supplement.

For each full week where basic pay is reduced for Sick Half Pay, the individual will lose one-eighth of the supplement.

For each day (counted midnight to midnight, excluding Bank Holidays) on which an employee takes official industrial action, their supplement will be abated by 3%.

For each day (counted midnight to midnight, excluding Bank Holidays) on which an employee takes unofficial industrial action, their supplement will be abated by 10%.

In each of the above instances, the abatement for industrial action will be measured inclusively from the day the action starts until the day normal work recommences.

Employees substituting or temporary promoted to an ineligible grade will lose one-quarter of the supplement for each complete week they work in an ineligible grade (unless otherwise ineligible).

Flexible resource staff are ineligible for payment.

Employees who leave on Voluntary Redundancy, retire (or leave on Ill Health) or voluntary resign at age 60 and over during the pressure period will receive a pro rata payment up until their date of retirement.

 

Paragraph 6 makes reference to Scheduled Attendance Holiday Pay where an average of the scheduled attendances worked over the four weeks of Christmas pressure will be paid for the three bank holidays: Christmas day, Boxing day and New Years day.

 

The Christmas Pay Timetable is attached at Annex A.

Para: Ongoing.

 

Strategic Involvement (SI) Meeting

Next week the tracked 48 operation will be moving down to the outhouse because of the high volumes of traffic and space required to process it. Volunteers from the early shift who have been processing it on site will be going with the work .

Para: Ongoing.

 

Processing Duty Structure

It has been agreed that from week commencing 4th January 2016 I will be withdrawn to work with the late shift manager John Sambells (who will also be withdrawn) to work on producing a robust processing duty structure that will also include all the work processing are responsible for in the collection and distribution halls. It will be our intention to visit all shifts and discuss with the managers, cwu representatives and members of staff to obtain a true reflection of the hours and staff needed for the operation to be a success.

There will be a terms of reference for the exercise which will include aligning duties to workload, to create duties against workload which is being processed by managers, casuals and excessive use of overtime whilst retaining the opportunity for earnings potential.

Para: Ongoing.

 

 

Annual Leave Agreement

Nothing new to report

Para: Ongoing.

 

Parcel Sort Machine

Nothing new to report

Para: Ongoing.

 

Nationally Agreed York Mover (Tug)

Nothing new to report

Para: Ongoing.

 

Finger Scanners

There have been more members of staff using the finger scanners on the early shift which was helped by management giving out free tea or coffee vouchers as an incentive.

Para: Ongoing.

 

New Conduct Code

Nothing new to report

Para: Ongoing.

 

 

EJ Orviss

Area Processing Representative

Area.processing@cwue5.org

Date 4th December 2015

Delivery Office Closures & Mergers – Non Disclosure Agreements (NDA) 

The Outdoor Department was recently provided with a Non Disclosure Agreement (NDA) that some CWU representatives had been asked to sign during the course of discussions regarding Delivery Office closures/mergers. This was raised with Royal Mail and subsequently legal advice was sought by the department regarding the status and content of the document. Following the legal advice we requested some changes to the document which were subsequently agreed and incorporated into a revised NDA.

 

In line with standard protocol the revised NDA document was placed before the Postal Executive at its statutory meeting on the 1st December 2015 where it was unanimously rejected. In essence it was not the actual wording of the document that was rejected it was the principle of our representatives being required to sign a Non Disclosure Agreement that was rejected and as a consequence this now becomes the Policy of the Postal Executive and the Postal side of the CWU.

 

In line with this policy CWU representatives are now advised not to sign any Non Disclosure Agreements.

 

The department is aware that there is activity taking place regarding Delivery Office closures/mergers especially where SPDO’s are concerned and the influence that POL is having in this regard. However, regardless of the policy mentioned above which has been communicated to Royal Mail we have also informed them that we will continue to expect that the terms of the national agreement covering delivery office closures and mergers will continue to hold the field and be adhered to by all concerned.

 

Any enquiries to Bob Gibson’s Office, quoting reference 230.03

Email address: outdoorsecretary@cwu.org

 

Yours sincerely
Bob Gibson

CWU Assistant Secretary

CHRISTMAS & NEW YEAR ARRANGEMENTS 2015/16 

Please find attached for the information of Branches the agreement in respect of Christmas and New Year arrangements for 2015/16 which was endorsed by the Postal Executive at its meeting on the 1st December.

 

Branches will be aware that discussions this year have been extremely difficult and have led to significant delay in reaching an agreed position. Given the unusual nature of this year’s arrangements a number of issues have had to be addressed.

 

In relation to Enquiry Offices it has been agreed that on Christmas Eve closing times will be no later than 17:00 and on New Year’s Eve offices will close at normal times except those who are normally open later than 18:30 who will close no later than 18:30, unless locally both parties agree to remain open until normal closing times.

 

Branches will also wish to note that Saturday 26th December has been sanctioned as a Non USO/Non Service day for Royal Mail by Ofcom. This means that there will be no deliveries or collections on that day.

 

However, it is not deemed to be a Bank or Public Holiday. The Bank Holidays fall on Friday, 25th and Monday, 28th December. There will be no days in lieu granted for staff not due to attend on the 26th.

 

The decisions to move Bank Holidays are made by the Government not Royal Mail or the CWU hence the 26th is not a Bank Holiday the Government have moved it to the Monday. This can be seen on the following link http://www.gov.uk/bank-holidays.

 

Under the terms of the Postal Services Act and Royal Mails license obligation (USO) they are due to deliver and collect 6 days a week excluding Sundays and Bank or Public Holidays, which would have meant that as the 26th is not the Bank Holiday Royal Mail would normally be obliged to deliver and collect on the 26th. This is the reason why Royal Mail supported by the CWU made an application to Ofcom for a Non USO/Non Service day. The application was then put out to public consultation and at the end of the consultation Ofcom made a decision to grant the non USO/non service day. They also agreed that this would continue in future when the 26th falls on a Saturday.

 

 

With regard to the 26th December, non Service/USO day Para 3.2 confirms the joint commitment that for Inland operations where staff are required to attend it is on a voluntary basis with any shortfall made up by use of other resourcing options. It should be noted however that the expectation is that the requirement to attend will be very low and staff who do attend will be paid at SA rate for all hours worked on the 26th December.  

 

The exception to this is HWDC where the nightshift is required to attend in order to meet service requirements and Bank Holiday Premium will be paid for the hours worked up till Midnight.  

 

By far the most difficult aspect to resolve has been the arrangements for night workers for week commencing 28th December, due to the unusual circumstances where there are non consecutive bank holidays as the second Christmas Bank Holiday and the New Years Day Bank Holiday fall within the same working week.  

 

This led to an impasse on the requirement for conditioned hours in that week, with the business asserting that as the Sunday night was a rest day staff would be awarded a Bank Holiday Credit for the rest day and would therefore have to attend on both the evenings of the 28th December and the 1st January (excluding Scotland) on conditioned hours. We were unwilling to accept this and argued that the business was attempting to balance conditioned hours over more than one working week.  

 

The final agreed position on this matter is contained in revised paragraphs 3.7, 3.8 and 3.10. Within these we have now achieved:

 

➢ Improved wording on maximising employee aspirations for time off by utilising the full range of resourcing options (Para 3.7)

➢ Acceptance that where agreed resourcing arrangements result in attendance beyond conditioned hours, staff may either elect to receive a lieu day or the appropriate overtime rate for the additional hours (Para 3.8)

➢ That any resultant overtime on either Bank Holiday will attract normal Bank Holiday rates (option A or B) (Para 3.10)

 

Branches should note that the pay rates quoted in the agreement, i.e. SA rates, are for OPG grades and that for other grades the reciprocal amount will be paid.

 

Additionally we have amended the previous wording that night operations will commence at the normal time which has been included in past years, which should allow discussions on a later start time where that is locally desirable.

 

Finally the wording in relation to Scotland recognises that similar arrangements to in effect move the Bank Holiday entitlements from Monday, 4th January to Saturday, 2nd were agreed in Scotland 2009/10. The new wording outlines that attendance and remuneration arrangements should mirror those agreed in 2009.

 

Branches should note that as in 2014 arrangements for Network Drivers have been concluded in a separate agreement and are contained in LTB 766/15.

 

BRANCHES ARE REQUESTED TO ENSURE THAT OUR REPRESENTATIVES AND MEMBERS ARE MADE AWARE OF THIS LTB AND THE ATTACHED ARRANGEMENTS.

 

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: 706A.06.

 

Bob Gibson, Assistant Secretary, email: outdoorsecretary@cwu.org quoting reference number: 170.

 

Yours sincerely

 

 

Davie Robertson​Bob Gibson

CWU Assistant Secretary​CWU Assistant Secretary

 CHRISTMAS ARRANGEMENTS 2015

 

 

1 ​Introduction

 

This document summarises arrangements for Christmas 2015 and New Year 2016 based on the principles agreed for recent years. Robust staffing arrangements will be required during the Christmas period to ensure operational needs and USO obligations are covered in line with workload forecasts taking into account the aspirations of employees. It covers OPGs, OSGs, MGV drivers, Mail Screeners, MDECs, processing engineers scheduled to shift working, LAs whose conditioned hours attract assigned allowances and Network professional drivers as detailed below.

 

The 2004 Christmas agreement abolished claw back of hours arising from public, bank holidays and non USO days and these arrangements remain in place for Christmas 2015/16.

 

For Network professional drivers, Bank Holiday attendance arrangements will be made in line with the terms in the National Agreement on the Introduction of the Professional Driver. Details for arrangements this year are covered in the Joint Statement between Royal Mail Logistics and the CWU on Festive Bank Holiday Resourcing for Network Professional Drivers, Christmas 2015/16.

 

 

2 ​Enhanced Operational Arrangements Christmas 2015

 

The following enhancements will operate in 2015/16. These are intended to address customer concerns and provide an improved service.

 

Extended Enquiry Offices Opening Times

 

There will be extended opening times from Monday, 30 November to Thursday, 24 December. Closing times on Christmas Eve will be no later than 17:00. On New Year’s Eve offices will close at normal times except those who are normally open later than 18:30 who will close no later than 18:30 unless locally both parties agree to remain open until normal closing times.

 

A national specification has been issued categorising each Delivery Office and the required opening times. Some units’ times will vary depending on experience of previous Christmases and taking fully into account local needs and knowledge.

 

Sunday Opening

 

All 97 offices currently open on Sunday’s will continue to open on Sunday’s during December with the exception of Sunday, 27 when they will be closed. The majority of these will open between 12:00 and 16:00 (some will open between 10:00 and 14:00).

 

In addition to the offices above a further circa 125 Enquiry Offices will also open. These offices will operate for a minimum of four hours between 10:00 and 16:00, subject to local discussions and operate staffing arrangements in line with normal arrangements paid at Scheduled Attendance rate.

 

Supplementary Parcel Delivery Service

 

Delivery Offices will introduce supplementary parcel deliveries, where locally assessed and deemed necessary. The operational dates will vary by unit dependent upon the local traffic forecast.

 

These supplementary parcel delivery duties will form part of the normal local discussions covering Christmas arrangements and will take full account of local circumstances in ensuring sufficient resource to cover the workload.

 

They will usually take place between 07:00 and 10:00; additional deliveries may take place between 15:00 – 20:00 (and no later than 21:00) subject to the local discussions.

 

In all circumstances employee safety and the security of mail must be assured. Areas/Addresses identified as high risk e.g. deliveries suspended due to attacks, robberies or problem dogs etc. will be excluded from receiving this additional service.

 

Sunday Delivery and Re-delivery

 

Sunday deliveries within the M25 area will continue during December in line with the agreed Joint Statement/TOR for Sunday Services. There will be no Sunday deliveries on 27 December.

 

The increase in first time delivery and the additional number of enquiry offices open combined with more rigorous planning mean it is anticipated that there should be no need for Sunday deliveries or re-deliveries. However if any office finds it necessary due to a high number of undelivered items, arrangements will be made via local discussions; where discussions locally fail to resolve the matter it will be referred to the appropriate Delivery Director & Divisional Representative for speedy resolution.

 

Sunday Collections

 

Can be made on 22 November and will be made on 29 November, 6, 13 and 20 December 2015, although not an advertised service. Staffing will be on a voluntary basis and the operational arrangements agreed locally.

 

 

3 ​Attendance and Resourcing Arrangements

 

3.1 ​Friday, 25 December and Monday, 28 December are the Christmas Day and Boxing Day Bank Holidays. There will be no USO collections or deliveries on these days.

 

2.2 Saturday, 26 December is not a Bank Holiday. We have agreed with Ofcom it is a non USO day so there will be no USO collections or deliveries. Monday, 28 December will be the bank holiday. Where service requires attendance on early or late shifts on Saturday, 26 December people attending will be paid at Scheduled Attendance Monday-Saturday rate (currently £11.06 per hour). Our aspiration is that all attendances commencing on the 26th December will be on a voluntary basis with work covered utilising the full range of resourcing options.

Note: Saturday, 26 December will remain a non USO day in future years.

 

3.3 ​Friday, 1 January 2016 is the designated New Year Bank Holiday. There will be no USO collections or deliveries on 1 January.

 

3.4 ​Saturday, 2 January is not a Bank Holiday in Scotland in 2016. It is a designated non-USO day in Scotland (as agreed in perpetuity by Postcomm in 2009 instead of Monday, 4 January when the date falls on a Saturday). Operations will resume with night shift on Sunday, 3 January 2016 as we are required to perform USO deliveries and collections in Scotland on Monday, 4 January. Arrangements for attendance and remuneration will mirror those agreed in 2009/10.

 

3.5 ​As agreed in 2004, people will not be required to make up hours they would have worked arising from the bank holidays or non USO days. In line with normal bank holiday arrangements people who would normally be scheduled to work on the day of the Bank Holidays in the provision of USO collection and delivery services will not be required to attend and not be required to make up the hours.

 

3.6 ​Rest days will apply in line with normal year round arrangements. Attendances may be varied by local agreement to take account of workload forecasts and service requirements. Where workload requires people can volunteer to work their normal rest day in return for a day in lieu or scheduled attendance where a rest day falls on a Bank Holiday (i.e. 25, 28 December or 1 January and 2 January in Scotland) and it is not operationally sensible to transfer the rest day to another day in the same week people will receive an additional day holiday (including those working ‘a week off in six’ or other variations on this theme) in the form of a day in lieu or alternatively the excess hours can be taken as normal overtime.

 

3.7 ​Local Christmas discussions/arrangements should ensure agreed staffing arrangements are in place to meet service obligations in full on Bank Holidays while maximising opportunities to meet employee aspirations for time off. To avail this, discussions will utilise the full range of resourcing options, including the realignment of conditioned hours across these weeks for night shift workers. Staff required to attend within conditioned hours on 28 December or 1 January will receive the Bank Holiday premium (currently £9.49) for each hour worked on the Bank Holidays.

 

3.8 ​In order to comply with the USO, inland night shift operations should resume as required on 28 December and 1 January (excluding Scotland) to meet service obligations. In week commencing 28 December, where agreed resourcing arrangements result in attendance beyond conditioned hours, staff may either elect to receive a lieu day or the appropriate overtime rate for the additional hours.

 

3.9​The night shift at HWDC will resume at normal times on Saturday, 26 December. Exceptionally conditioned hours worked on the night shift at HWDC before midnight on 26 December will attract the Bank Holiday premium (currently £9.49 per hour).

 

3.10 ​Staff at both inland and international operations volunteering to attend for overtime on 28 December or 1 January (and 2 January in Scotland) will receive normal bank holiday rates (option A or B as appropriate) for the hours worked on the bank holiday.

 

3.11 ​Weekend duty holders (notional full timers and people who make three or less attendances each week) will have separate scheduling arrangements based on the same principles as in previous years.

 

3.12 ​Providing resourcing is secure at their parent offices people can volunteer for duty or additional earnings opportunities at neighbouring Parcel Sort Centres.

 

3.13 ​Local flexibility agreements and the National Pay and Modernisation agreement phase 3 annexes A and B will apply and be utilised during the Christmas period. Both parties will explore opportunities to give people time off where possible consistent with customer and operational requirements.

 

 

4 ​Christmas Pay Supplement

 

The Christmas pay supplement of £100 for full time OPG and OSGs (pro-rated for part timers) will be paid on Friday, 18 December. The eligibility criteria for the Christmas bonus payment will be the same as last year, based on the four December weeks (commencing 23 November). In the unlikely event of any industrial action the abatement criteria will be drawn from the PBS agreement.

 

The separate payment of £100 (pro rata for PT employees) agreed in the National Joint Statement – New Incentive Arrangements June 2012 will also be paid on Friday, 18 December.
5 ​Scheduled Attendances

 

Scheduled attendance rates can be paid for pre-scheduled overtime worked during the Christmas period. These do not attract paid meal breaks.

 

 

6 ​Scheduled Attendance Holiday Pay

 

Christmas Pressure SA increases the number of SA hours worked above normal weekly averages. To ensure this additional contribution is not lost SA holiday pay for the Christmas Day, Boxing Day, and New Year’s Day (plus 2 January in Scotland) bank holidays will be calculated by taking the average daily amount of SA worked by each individual in the 4 weeks prior to the bank holiday.

 

 

7 ​Local discussions

 

Discussions with local CWU representatives should ensure Christmas arrangements are concluded in line with national agreements. Details will be negotiated locally to secure reliable staffing, ensuring everyone has a fair and manageable workload, and will consider the following options:

 

– People to work their normal rest day in return for a day in lieu or scheduled attendance/overtime

– Pre-scheduling hours against forecast workload

– Scheduled attendance or pressure overtime

– Use of temporary / agency staff as supplementary resource

– Attendance arrangements on Thursday, 24 and 31 December which are not bank holidays or non USO days.

 

Local discussions/arrangements should also ensure that adequate arrangements are in place to deal with collections on delivery where there may be larger than normal postings to ensure that all mails (collection and delivery) meet their due service standards.

 

 

8 ​Pay Arrangements

 

The Christmas Pay Timetable is attached at Annex A

 

 

Royal Mail CWU

 

December 2015

 

 

 

 

Annex A 

 

Pay dates and payroll processes remain the same for weekly paid employees, with current week basic pay, assigned allowances and previous week’s additional hours and ad hoc adjustments paid each Friday. Due to the impact of bank / public holidays on payroll operations, the following arrangements apply:

 

Weekly-Paid Contracted Employees

 

w/c 30th November (pay date Friday 4th December)

o Regular Pay (Basic & assigned allowances)

o Overtime / SA / Ad hoc allowances performed w/c 23rd November

 

w/c 7th December (pay date Friday 11th December)

o Regular Pay (Basic & assigned allowances)

o Overtime / SA / Ad hoc allowances performed w/c 30th November

 

w/c 14th December (pay date Friday 18th December)

o Regular Pay (Basic & assigned allowances)

o Overtime / SA / Ad hoc allowances performed w/c 7th December

o Christmas Supplement

 

w/c 21st December (pay date Thursday 24th December)

o Regular Pay (Basic & assigned allowances)

o Overtime / SA / Ad hoc allowances performed w/c 14th December

 

Note: PSP will be closed for all changes from 2.00a.m. Tuesday 22nd December until the payroll has been completed. This is anticipated to be approximately 6.00p.m.

 

Note: PSP will be closed for all changes from 2.00am Thursday 24th December and will re-open at 7.30a.m.

 

w/c 28th December (pay date Thursday 31st December 2015)

o Regular Pay (Basic & assigned allowances)

o Overtime / SA / Ad hoc allowances performed w/c 21st December

 

Note: PSP will be closed for all changes from 2.00a.m. Tuesday 29th December until the payroll has been completed. This is anticipated to be approximately 6.00p.m.

 

w/c 4th January 2016 (pay date Friday 8th January 2016)

o Regular Pay (Basic & assigned allowances)

o Overtime / SA / Ad hoc allowances performed w/c 28th December

 

 

Monthly-Paid Contracted Employees

 

Cut-off will be Sunday 13th December

Pay date will be Thursday 24th December

Joint Statement between Royal Mail Logistics and the CWU on Festive Bank Holiday Resourcing for Network Professional Drivers, Christmas 2015/16 

Branches and representatives will recall that in 2014 the department were successful in securing an agreement with Royal Mail Logistics on specific revised guidelines covering the resourcing of Network LGV duties across the Christmas and New Year Bank Holidays.

 

As with the generic Christmas Arrangements agreement, the peculiar non standard arrangements this year added some additional aspects to discussions on a new agreement for 2015 which have led to lengthy discussions with the business. The department however is now pleased to report that the attached Joint Statement has been agreed for 2015 and was endorsed by the Postal Executive at its meeting on the 1st December.  

 

You will note that in the Joint Statement for the purposes of resourcing the 26th December will be regarded as a Bank Holiday for Network Drivers. As such the aspiration will be to resource using volunteers supplemented by the normal resourcing mix with compulsion kept to an absolute minimum. In addition all staff attending on that day can either elect to receive a lieu day or receive overtime payment for all hours worked on the day.

 

In addition the link between Boxing Day, 26th December and New Years Day has been retained, ensuring as we did last year that no individual should be compelled to work both these days.  

 

Branches and representatives are requested to bring the Joint Statement to the attention of our Network Professional Driver members.

 

 

 

 

 

 

 

 

Any enquiries in relation to this LTB should be addressed to Davie Robertson, Assistant Secretary, e-mail: dwyatt@cwu.org or shayman@cwu.org quoting reference number: 206A.09

 

Yours sincerely

 

 

Davie Robertson

Assistant Secretary

 

 

 

Joint Statement between Royal Mail Logistics and the CWU on Festive Bank Holiday Resourcing for Network Professional Drivers, Christmas 2015/16

 

 

Background

 

The National Agreement for the Implementation of the Road Transport Directive and the Introduction of the Professional Driver Agreement (PDA), created the Professional Driver as a new and distinct grade. For Network Professional Drivers, in return for industry leading terms and conditions, this progressive agreement between Royal Mail and the CWU predicted the growth of customer activity during the weekends and on bank holidays and provided the commitment and the remuneration for drivers to attend on these days as part of normal working.

 

Since 2007, attendance during the weekends and on bank holidays has progressively increased due to retail activity and increased customer demand as internet fulfilment has grown considerably. The deployment of the Professional Drivers Agreement in this regard and the utilisation of its full range of resourcing options has ensured that the business has been able to meet its commercial commitments, however both parties recognise that the significant increase in bank holiday attendance has created some challenges in regard to a fair approach to allocation and attendance.

 

In particular it is recognised that the Christmas and New Year Bank Holidays are in general viewed as distinct and special by both our drivers and their families. Given the increase in demand for services on these days in recent years both Royal Mail Logistics and the CWU believe that it is appropriate to agree supporting guidelines to the PDA, to ensure fairness in resourcing, maximise opportunities for time off and limit individual mandatory commitment whilst maintaining efficient customer service.

 

 

Approach to Christmas and New Year Resourcing  

 

The business has a clear commitment to provide efficient customer service during the bank holiday period over the Christmas and New Year, while balancing the aspirations of the workforce to spend time with their families over the festive period.

 

Against that backdrop, a consensus has been reached between the business and CWU to maximise the availability of leave on these critical bank holidays to professional drivers over Christmas and New Year. The following principles have been developed between the business and CWU in order to ensure fairness in resourcing at all of the Vehicle Operating Centres. These should be utilised to shape local resourcing arrangements for the Christmas and New Year holiday period, the aim being to work collaboratively in order to achieve the optimum agreed outcome in line with these principles.

 

➢ Both parties reaffirm that there are no current plans to operate a nationwide service on Christmas Day; as such no Professional Drivers will be compelled to attend on this day. Exceptionally where any customer driven services are required on Christmas day, it is agreed that our aspiration for attendance will be on a wholly voluntary basis with work covered utilising the full range of resourcing options detailed below.

 

➢ Forward planning is becoming increasingly difficult and customer volumes and product volatility is a particular challenge over the critical Christmas and New Year period. As far as possible, Royal Mail will commit to planning attendances well in advance providing certainty to the Professional Drivers and enabling them to arrange their personal work life balance in as much time as is practically possible.

 

➢ Resourcing plans will be reviewed at unit level as soon as possible.

 

➢ Royal Mail has the aspiration to ensure that the resourcing requirement for our directly employed professional drivers is as low as possible and commits to using the full range of existing agreed mixed resourcing options available. Equally workload will be scheduled on the basis of commercial or operational necessity; as such non priority work will not be scheduled during these Bank Holidays or the non USO day on the 26th December.

 

➢ Royal Mail will seek to resource the Christmas and New Year bank holidays and non USO day (26th December) through volunteers as far as possible. Where there are insufficient volunteers an open “fair share” approach will be developed across the Professional Drivers. [Driver hours limitations may restrict the pool of available drivers].

 

➢ With regard to Boxing Day (26 December) and the New Year Day Bank Holiday it is agreed that wherever possible, any last resort mandatory attendance requirement, in line with the PDA Agreement, for any individual will be limited to only one of these days.

 

➢ The business will look to complete operations as early as possible on Christmas Eve and New Year’s Eve, and it is expected that drivers will support modified attendances to support this objective. Drivers will take a maximum of two bank holidays for Christmas and one for New Year [two in Scotland].

 

➢ Both parties recognise the context for bank holiday attendance over Christmas and New Year is covered within the Professional Drivers Agreement and the remuneration has already been addressed. Where a driver is required to attend during a bank holiday a day will be added to that employees annual leave entitlement to be taken under current arrangements where authorised in line with operational requirements. However in line with local arrangements in recent years, for the festive bank holidays only, where it enhances the availability of volunteers, drivers may elect to receive remuneration at Overtime rate for the hours worked on the Bank Holiday as an alternative to the days leave.

 

 

Saturday, 26 December 2015
To support contract customer requirements the national Logistics Network will run a significant operation on the non USO day (Saturday 26th December). This will require more drivers than normally scheduled to attend on a Saturday. Exceptionally therefore resourcing arrangements for attendance and remuneration for the 26th December will mirror those defined above for Bank Holidays in recognition of the importance that our drivers and their families place on this day.

 

Resourcing arrangements will prioritise volunteers in the first instance supported by the full range of mixed resourcing options available. Where this still results in a shortfall resourcing arrangements will be made in line with the terms of the Professional Drivers Agreement.

 

Therefore although not a bank holiday drivers who work on 26 December will have a day added to their annual holiday or alternatively can claim pay for the hours worked on the day as overtime.

 

Local discussions on resourcing should be completed at the earliest possible juncture to give the maximum levels of certainty to all our drivers. Discussions should be progressed in line with the IR Framework and the Network Working Group will be available to assist should it become necessary.

 

This Joint statement covers the Christmas and New Year Bank Holidays (plus 26 December 2015) only. Resourcing for all other bank holidays will continue to be progressed in line with the terms of the Professional Drivers Agreement.

 

Any issues of interpretation should be referred to the signatories of this agreement.

 

General Conference 2016 – Obituary List

It is the practice to include in the General Conference Agenda a reference to those members who have served the Union in many different capacities and who have sadly died since the previous Conference. Please let us know the names of those members of your Branch whom you wish to have included in the Obituary List.

Following the decision of the National Executive Council, the Obituary list to be published in the General Conference Agenda shall include the names of all members who have died in the previous twelve months, as notified by branches.

To enable the list to be prepared for inclusion in the Agenda all names must be received no later than Tuesday 9th February 2016. Unfortunately, any names received after this date will not be able to be included. Notification should be either by letter addressed to Angela Niven at Headquarters or by email to conferences@cwu.org Information supplied should include initials, surname and branch.  

Any queries on this paragraph should be addressed to Angela Niven, CWU Headquarters.

 

Tony Kearns

Senior Deputy General Secretary

 

 

Postal Conference 2016 – Submission Of Motions 

Please find attached motion forms for Postal Conference 2016. The purpose of this Letter to Branches is to remind those Branches/Co-ordinating Committees who do not have access to an email facility that they must contact head office direct to request hard copies of the forms to be despatched to them. They should contact Angela Niven on 020 8971 7256.

 

We also take this opportunity to attach to this Letter to Branches the Motion Guide for submitting Motions to Postal Conference 2016.

 

Branches/Co-ordinating Committees are also reminded that the closing date for the submission of motions to Postal Conference is by midnight on Tuesday 23rd February, either by post to Angela Niven, CWU 150 the Broadway, Wimbledon London SW19 1RX or by email to conferences@cwu.org No motions will be accepted that go to any other e-mail address as the conference guide to motions refers.

 

Any queries regarding this Letter to Branches should be addressed to Angela Niven at Head Office or on 020 8971 7256.

 

Yours sincerely,

 

 

 

Tony Kearns

Senior Deputy General Secretary

 

 

Sunday Services – Enquiry Offices (Customer Service Points) 

Further to LTB 593/15 issued to Branches on 14th September 2015 it has come to our attention that very little activity has been taking place regarding the opening times of Enquiry Offices and in particular Sunday opening for the additional 266 Units which had been identified as fitting the criteria for Sunday opening.

 

Branches will recall that deployment of the Sunday Opening is scheduled to take place from January to March 2016 and Units were asked to engage early to enable discussions to be completed in time to meet this schedule.

 

Within the National Agreement, Annex A clearly stated:

 

It is accepted that all revised arrangements will be determined by fact and demonstrable evidence, including the agreed criteria as stated in the “Enquiry Office Opening Times” paragraph of the main agreement. Where locally units are unable to agree revised arrangements such cases should be escalated to the relevant ADR and DSM by 30th October 2015 to review the situation and see if agreement can found. Where no agreement can be found it should be escalated to the Delivery Director and CWU Divisional Representative by 20th November 2015 for further review. Failure to reach agreement at this stage will result in the disagreement being referred to National level by the 4th December 2015.

 

In order to establish exactly what the position is around the country we are requesting Branches and/or CWU Representatives to provide the department with a short report on the current state of play regarding the 266 Offices which are due to deploy Sunday opening in 2016. The full list is attached for ease of reference.

 

Any enquiries to Bob Gibson’s Office, quoting reference 530

Email address: outdoorsecretary@cwu.org

 

Yours sincerely

                                         

Bob Gibson

CWU Assistant Secretary