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Picket lines, leave, reporting responsibilities, management communication and the overtime ban.

2 March 2010

Many members have contacted reps to ask what are the correct procedures as regards picket lines, leave and reporting responsibilities for the 8 and 9 March strike days. Below are the legalities of this and what you can and cannot do on the 8 and 9 March.

Picket lines

Picketing comprises demonstrating on the public highway with the aim of gaining publicity and support for a trade dispute, by persuading fellow employees to join the action, preventing the employer taking on substitute workers and causing suppliers and customers to boycott the employer.

In previous disputes we have seen the MoD claim that “Accordingly pickets and their organisers should ensure that in general the number of pickets does not exceed six at any entrance to, or exit from, a workplace: frequently a smaller number will be appropriate.” The truth about picket lines is DTI guidance on picketing states, “The purpose of the picketing is peacefully to obtain or communicate information, or peacefully to persuade a person to work or not to work. In particular, it recommends that pickets and their organisers should ensure that in general the number of pickets does not exceed six at any entrance to a workplace.”

All recent PCS MoD picket lines have been peaceful, well organised and the pickets have politely asked staff not to cross the picket line. Not one complaint has been made. We fully expect this to happen on the 8 and 9 March. However, we will not ensure the number of pickets does not exceed six - as you can see quite clearly this is purely guidance.

Members in the MoD are quite rightly enraged about the proposals to slash their entitlements under the civil service compensation scheme. We therefore encourage as many members as possible to volunteer and help at MoD picket lines on Monday and Tuesday next week. If your branch has not asked you yet about picket line duties please contact your branch secretary or local PCS rep straight away.

Leave

In an ideal world (well in a trade union ideal world!) every member of staff would be a union member. We are continuously working to increase our membership density in the MoD and across the civil service, but recognise that for whatever reason some people will choose not to join a union. However every member of staff in the MoD must follow the same rules and regulations when industrial action takes place. One such thing is the granting of leave at this time. Previously when the MoD manuals governed us the instruction was “In the case of those who are on strike, annual leave or flexi leave that falls within a period of industrial action will be cancelled. Annual leave and flexi leave cannot be granted retrospectively to cover strike action. Agreement to grant annual leave requests prior to a known or anticipated period of industrial action for leave during that period of action is a matter for management discretion in the usual way.”

The current PRG makes it more of a grey area – “You must use your discretion in the usual way when considering leave requests prior to a known or anticipated period of industrial action for leave during that period of action.” and “Q. Can I take annual/flexi/special paid leave on the day of a strike? A. Approval of such requests will be at the discretion of your Line Manager.” This is a deliberate attempt to try and undermine the success of the action our union is taking on 8 and 9 March.

Our union will not tolerate a deliberate lack of clarity by MOD management when writing the PRG as a reason to allow members of staff to take leave on 8 and 9 March.

Please contact your local branch rep if you become aware of any breaches of awards of leave such as management granting leave once the department have been informed of the date for industrial action.
 

Reporting responsibilities

Our union deplores any pressure put on members to either not take action or to tell management whether their intention is to take action or not. As with the rules on leave (see above), the rules and regulations on reporting responsibilities are deliberately ambiguous in what is again we believe, an intentionally badly written part of the PRG.

The PRG states –

“Q. Do I have to tell my line manager of my intention to take part in industrial action?
A. Your line manager may ask you if you will be taking part in industrial action, but you do not have to respond. However, you must inform your line manager when you are absent due to taking strike action in accordance with normal reporting procedures. If you do not turn up for work on a day of strike action and you do not provide a reason for your absence, it is acceptable for your line manager to regard you as participating in the industrial action.”

The firm advice from our union is that members are under no compulsion to let their line management chain that they plan to take strike action. Nor do you have to answer any questions that management might pose to assist them run a normal service on the strike day. After the strike day you may choose to inform management that you were on strike or you may say nothing.
 

 

How does our union deal with management coercion or intimidation?

If there are any attempts at coercion by management to either intimidate you into not supporting the strike, or any attempts to compel you into telling management whether or not you intend to take action, please report this immediately to our union via your local rep or to the union nationally briefly describing the incident and location, managers name and your contact details (although we will keep your details anonymous). We will be taking up every instance with senior MoD management via the MoD employment framework team

The MoD as an employer states that bullying and harassment is not acceptable in the MoD, and that includes during periods of industrial action.


Management communication

On this occasion, the PRG is quite clear on what the official side can communicate with members during a period of industrial action such as the lead up to 8 and 9 March.

It states, “You can communicate with employees and/or TUs during a dispute. This communication, which could be in the form of a management notice, must be based on facts. You must copy to the TU’s any communication you send to employees.” It “must be based on facts”. In other words – the truth!! As above, if you receive any management communication regarding the industrial action that you are concerned about, please contact your local rep for guidance.


Remember:

  1. You have the right to go on strike.
  2. You do not need to tell anyone that you are going on strike – and management cannot demand this information from you.
  3. You have the right not to be subjected to bullying and harassment.


Overtime ban

Members have voted in support of discontinuous strike action and action short of a strike. The action short of a strike will be a national overtime ban, which immediately follows the national strike action on 8 and 9 March and will run until 6 April in the first instance.

The overtime ban immediately follows the strike action to avoid the employer getting people to do extra work to undermine the effect of the strike. Overtime bans have been undertaken in several departments over recent years, including HMRC, DWP, DCA and HSE.

The overtime ban is a lawful industrial action because we balloted members on taking this action. Overtime is usually voluntary and we are asking all members not to do any overtime for this period. If there is any compulsory or conditioned overtime which is counted as contractual pensionable pay, in your area, then you would still do that. If unsure, please seek advice from your full time officer.

If Saturday or Sunday working are classed as voluntary overtime, rather than part of the normal shift rota, then members should not do it. The overtime ban includes all standby and call out activities undertaken outside normal working hours.

If the employer makes any threats to deduct pay or take other punitive action as a result of the overtime ban, please contact your full time officer immediately for advice. PCS will resist any such threats.


Summary

For many years now, the MoD and the government have spoken about how they appreciate you. For example, in December when the media and discredited politicians made disingenuous claims about MoD bonuses, the MoD permanent under secretary, Bill Jeffrey wrote to all staff stating –

“I wanted you to know that I value and appreciate greatly the work that all of you do, as do our Ministers. As some of you may have noticed, I took the opportunity of an appearance before the House of Commons Defence Select Committee on Monday, 9 November 2009, to make some of these points publicly. I know that the Chief of Defence Staff takes the same view, and it is notable that several senior military officers have been quoted in recent days on the importance of the civilian contribution.”

Our union certainly appreciates (and agrees) with these thoughts, but unfortunately when it comes to important issues such as job security, pay and your terms and conditions, these words are of little comfort to MoD members.

If these proposals go through, it will leave all PCS members in the Ministry of Defence in a much weaker position. After a democratic ballot, our union has now called national industrial action to save your entitlements. It has never been more important to support our union and to fight for our entitlements.


ALL OUT ON 8 AND 9 MARCH – NO JOB CUTS ON THE CHEAP
 

 

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