Public and Commercial Services Union

Whilst PCS is committed to the retention of public services in the public sector, we are also committed to protecting and representing our members in the commercial sector.

Over 35,000 PCS members work in the private sector.

PCS Commercial Sector officials and lay representatives have vast experience in the private sector, and can offer a wide range of advice and support to members based there.

Listed below are some of the issues to be considered when representing the interests of PCS members who have been transferred to the private sector?

Recognition agreement

It is essential that PCS representatives negotiate a recognition agreement with the new employer prior to the transfer that is at least as comprehensive as the recognition agreement PCS will have had with the old employer.

It may be the case that the new employer will not consider or agree to this until the transfer is complete. If this is the case, resolution of an agreement should be our first priority upon transfer.

However, it would be much easier to address these and other issues on behalf of members if recognition was agreed pre-transfer.

It will also be easier to recruit the contractors’ already existing staff if we can point to the recognition agreement and to the greater degree of control and influence that unionised staff have over their terms, conditions and working environment.

Monitoring the contract

Where work is contracted out, a contractor officer should be appointed to supervise the agreements laid out in the contract.

It is particularly important that PCS reps secure some form of agreement, ideally in the terms of the contract itself, that protects against transferred staff being made redundant immediately or soon after the transfer (TUPE does not give protection against this).

However, the Agreement on the People Consequences of Outsourcing and Privatisation is a useful tool to secure this kind of protection, specifically clause (d):

Whilst this clause does not mandate action to avoid making staff redundant straight after transfer, it is a strong indication that such a situation – especially if it “could be anticipated” - should be avoided by the Department.

It is up to PCS reps to ensure that if a contractor bidding for a contract suggests this possibility in their bid, then it has by definition been anticipated and this bidder should therefore NOT be awarded the contract.

10 steps to organising after contracting out

Although PCS will do all in its power to avoid transfer of staff and services, there can nevertheless be real opportunities to increase membership during the contracting-out process.

Below are some steps to follow to ensure that PCS takes these opportunities to recruit non-members and so maximise our ability to protect the interests of those working for a private contractor.
If PCS is recognised by the new employer, it is essential that a high-level of trade union membership is maintained to avoid de-recognition.

Discuss organising and recruiting strategies with your local PCS Negotiating Officer and Regional or Group Organiser. They will advise you about specific organising/recruiting tactics, and will liaise with the Campaigns and Communications Unit at HQ as necessary to produce useful material.

NB: It is not always, or even mainly, the case that ex-civil servants will remain in the same branch and negotiating structures.

The transition from public to private will present PCS with some acute administrative and organising problems, which should not be underestimated.

For example, they may be problems with re-aligning the new membership data on COMMIX (i.e. setting up new employer codes, new branches, arrangements for balloting etc). For example, if there is not already an employer group in place, it is vital to set one up, ideally BEFORE the transfer.

These are problems that PCS reps will have to plan to deal with prior to and immediately after the point of transfer:

1. Your first step should always to be to get advice from your PCS Regional Organiser. Please take advantage of the experienced Commercial Sector Association full time Organisers based at HQ. .

2. Map the workplace – find out where the members and potential members are.

3. Do some research on the employer? Look at their accounts, their other employees – are trade unions recognised in other areas? Make contact with other employees and ask them how they are treated.

4. Talk to the members. What are their issues? How are they treated at work? Are their pay rates fair? What health and safety provisions do they have?

5. Find an issue they care significantly about that affects a number of workers. Start a campaign on this issue, with leaflets, petitions, stickers etc.

6. Show workers that they can only win this issue by joining and getting involved in the union.

7. Be careful not to expose any individual to management intimidation. Try to build an organising team of activists to share out the responsibilities.

8. Keep your mapping up-to-date. Make a note to ensure that everyone is approached about the campaign and asked to join the union.

9. Evaluate your campaign at regular stages. You may need to change your approach and tactics depending upon management reaction to your campaign.

10. Once you have recruited over 50% of the workforce to the union, you may be able to apply for statutory recognition through the legal process. Your PCS Regional Organiser can give you all the help and advice you need on this and other aspects of winning union recognition in a new area.