SUPPORTING ECONOMIC GROWTH, JOBS, WELL-BEING AND MORE: The Key Role of Trade Union Workplace Representatives

Transcription

1 SUPPORTING ECONOMIC GROWTH, JOBS, WELL-BEING AND MORE: The Key Role of Trade Union Workplace Representatives

2 SUPPORTING ECONOMIC GROWTH, JOBS, WELL-BEING AND MORE: The Key Role of Trade Union Workplace Representatives The Scottish Government, Edinburgh 2013

3 Crown copyright 2013 You may re-use this information (excluding logos and images) free of charge in any format or medium, under the terms of the Open Government Licence. To view this licence, visit or Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned. This document is available from our website at ISBN: The Scottish Government St Andrew s House Edinburgh EH1 3DG Produced for the Scottish Government by APS Group Scotland DPPAS14162 (04/13) Published by the Scottish Government, April 2013

4 SUPPORTING ECONOMIC GROWTH, JOBS, WELL-BEING AND MORE Ministers are determined to improve outcomes for all of Scotland s diverse communities and people, and to remove barriers preventing them from reaching their full potential. These barriers go beyond income inequality to include issues of disadvantage, prejudice and discrimination experienced on grounds of attribute or characteristic. These can affect the outcomes for people specifically in relation to employment and health closing the gap in these inequalities is an important priority of this Government. The Scottish Government s actions to achieve this include: working together with the STUC and Scottish trade unions towards the development of a more successful Scotland, through promoting equality, excellent public services, sustainable economic development, and valuing the positive contribution that trade unionists make in the workplace. Working for Scotland: The Government s Programme for Scotland Introduction 1. This document prepared by the Scottish Government and the Scottish Trades Unions Congress (STUC) is a celebration of the key role of Trade Union workplace representatives, and Trades Unions more generally. 2. It recognises the value workplace representatives deliver in terms of supporting economic and business growth, jobs, well-being, and more. 3. It features information about: the strategic partnership between the Scottish Government and the STUC; the distinctive approach to health at work in Scotland, and Scottish Government facility time arrangements; examples of the substantive benefits derived from the contribution of Trade Union workplace representatives. Working in partnership 4. The Scottish Government and the STUC have a long-standing commitment to partnership working towards common goals, consistent with shared values. This commitment is recorded in a formal Memorandum of Understanding, which was enhanced and updated in 2007 and again in Key elements from the 2011 Memorandum of Understanding 1 are as follows: 8. The Scottish Government and the STUC will work together towards the development of a more successful Scotland

5 12. Our shared priorities will be: Maximise opportunities for jobs to give stability to households; Solidarity, Cohesion and Sustainability within the context of economic growth; and Social Partnership. 6. In the Memorandum of Understanding, the Scottish Government also acknowledges that trade unions are key social partners playing an important role in sustaining effective democracy in society, particularly at the workplace, and that the existence of good employment practices are a key contributor to economic competitiveness and social justice. The Scottish Government will continue to support, as far as practicable, effective trade unionism, fair employment practice, and greater partnership between employers and trade unions. A distinctive Scottish approach 7. The shared priorities within the Memorandum of Understanding are underpinned by effective consultation and communication and have informed and shaped specific and distinct policies in Scotland. 8. The Scottish Government and STUC recognise the key role trade union representatives can play in achieving these policy outcomes through the delivery of positive workplace benefits in health, equality and learning as well as contributing to the economic success of companies and ensuring effective industrial relations. This positive role is enhanced by adequate and effectively managed facility-time agreements. Facility time arrangements 9. In a constitutional context, employment and industrial relations are currently reserved matters, with powers and responsibility vested in the UK Government. 10. The UK s Trade Union and Labour Relations (Consolidation) Act 1992 obliges employers to grant reasonable paid time off work to those employees who are representatives of recognised Trade Unions. This time is to carry out certain duties, notably collective bargaining, representation of members, gathering information and consulting on collective redundancies and business transfers. Union Learning Representatives and Health and Safety Representatives also have a statutory right to paid time off to perform their duties. All representatives are entitled to paid time off for training related to their roles. Employers are required by law (Trade Union and Labour Relations (Consolidation) Act 1992; Employment Relations Act 1999; The Safety Representatives and Safety Committees Regulations 1977) to allow reasonable unpaid time-off for activities (e.g. internal union meetings, elections to trade union branches/committees and attending Trade Union Conferences). The UK Advisory, Conciliation and Arbitration Service (ACAS) has published a Code of Practice on time off for trade union duties

6 11. In 2011, the UK Government announced a review of the funding for trade union facility time in the public sector, focused on four key areas: Reporting and benchmarking; Ending or limiting the practise of 100% of Civil Service employees time spent on trade union duties and activities; Reviewing arrangements for time off for trade union activities; and Reduction in overall facility time across the Civil Service, in particular through more rigorous individual management of facility time. 12. In the context of a related bi-annual discussion between the First Minister and the STUC General Council in February 2012, there was agreement that good policy-making needs should be grounded in sound and reliable evidence, and a recognition of the January 2012 report Facility time for union reps separating fact from fiction 3. Commissioned by the TUC, it updated a 2007 analytic review conducted by the then Department for Business, Enterprise and Regulatory Reform (BERR, now BIS Department for Business Innovation and Skills) which found that: Dismissal rates were lower in unionised workplaces with union representatives this resulted in savings related to recruitment costs Voluntary exit rates were lower in unionised workplaces with union representatives Employment tribunal cases are lower in unionised workplaces with union representatives, resulting in lower public expenditure Workplace-related injuries and illnesses were lower in unionised workplaces with union representatives, delivering benefits for their employers and shareholders, as appropriate. 13. While this analysis is based on UK figures, without disaggregated Scottish data, it seems reasonable to presume that it is broadly relevant in a Scottish context. 14. In October 2012, the UK Government published the results of the review 4. In summary, the key changes which UK departments and agencies will be encouraged to introduce are: Detailed monitoring and reporting arrangements to record trade union facility time; Staff should work in Civil Service jobs for at least 50% of their time whilst being granted facility time; Staff who had been granted 100% facility time for three years should only be permitted a further year on this arrangement; and Facility time costs should not exceed 0.1% of employers paybill. 15. As previously signalled, the Scottish Government is committed to working together with the STUC and Scottish trade unions towards the development of a more successful Scotland, through promoting equality, excellent public services, sustainable economic development, and valuing the positive contribution that trade unionists make in the workplace

7 16. The Scottish Government is clear that the well-established facility time arrangements that operate between the Scottish Government and Civil Service unions generally work well. The Scottish Government is keen to see how we can improve these arrangements and, in particular to establish arrangements that will more accurately account for and monitor the time spent by staff working on trade union facility time. 17. This ongoing work is predicated on agreed and recently introduced arrangements to monitor staff who are on 100% facility time working on trade union activities from 1 April The Scottish Government wish to look at existing local agreements, rather than introduce any significant changes to facility time arrangements operating across the Scottish Government. Individual employers and their trade unions will consider within each of their local partnerships what improvements can be made at a local level to improve the effectiveness and efficiency of their arrangements to ensure best value is being achieved. 18. The unions representing members employed by the Scottish Government acknowledge that this is a distinctive approach in comparison to what is being introduced by the UK Government in other Civil Service organisations. The STUC and Scottish Government want to build on existing arrangements to ensure best value for money. Policy in practice: the real value workplace representatives deliver 19. Scottish Government and trade union co-operation is supporting the delivery of shared objectives across a range of policy areas, including workplace health, union learning and equalities. Health at Work 20. For some time the Scottish Government, STUC and NHS Scotland have worked in partnership to change attitudes to health and work amongst employers, workers and healthcare professionals. At the end of 2009 this partnership delivered the Health Works 5 strategy which included a range of activities which are being delivered in partnership between the Scottish Centre for Healthy Working Lives and the STUC. 21. This has been a unique approach which is contributing to improving the overall health of Scotland s people, to advancing the competitiveness of Scottish industry through better productivity and with more people benefiting from work. It recognises the challenges of: addressing poverty and deprivation through improving the health and well-being of those in work, reducing the risk to losing work through health issues, and helping those who are not working due to poor health to return to employment. 22. The Scottish Centre for Healthy Working Lives has a key role in delivering the Health Works strategy. The National Advisory and Advocacy Group for Healthy Working Lives draws together key partners including the Government, COSLA, the Health and Safety Executive, Business Organisations 5 6

8 and the STUC. The Healthy Working Lives Award Programme 6 provides a single, integrated framework that enables employers to engage with their employees to develop a positive and supportive workplace culture, and focus on health improvement, safety, and occupational health and employability themes in a practical, logical way, that is beneficial to all. It is a popular programme, in which 1,200 employers representing almost 700,000 employees are now actively participating. Union Learning 23. Scottish Union Learning supports trade unions in accessing skills and lifelong learning opportunities that contribute to collective prosperity, fairness and equality, for workers across Scotland. It has a track-record of success, as evidenced by the range of individuals and employer organisations that have participated. 24. Scottish Union Learning plays a key role in supporting unions to deliver Development Fund projects that continue to support and develop the infrastructure of Union Learning Reps that operate across Scotland. There are approximately 2,000 trained Union Learning Reps in Scotland at the moment. Through this infrastructure unions are enabled to develop their engagement with employers on a range of activities including skills utilisation and Government initiatives such as Modern Apprenticeships. Not only are unions in a position to raise these issues in discussion with employers they are uniquely placed to influence employer behaviour leading to tangible long term outcomes. 25. Over the last year unions such as the Bakers, Food and Allied Workers Union (BAFWU) and the Broadcasting, Entertainment, Cinematograph & Theatre Union (BECTU) have been instrumental, through their Development Fund projects, in influencing employers such as Warburton s, Dawnfresh and the BBC to examine industry-related issues around up-skilling and training and put in place specific programmes to address these issues. In April 2013, the Scottish Government approved 18 Development Fund Projects covering a wide range of geographical locations, including three specifically located in the Highlands and Islands. These projects will run until March Scottish Union Learning uses the funding it receives from the Scottish Government as match funding for two ESF projects, one of which covers the Highlands and Islands and the other covers the Lowland and Uplands area of Scotland. This funding is predominantly used to directly fund learning through the Scottish Union Learning Fund. The Learning Fund is an innovative source of funding which allows learning to be taken to the learner in the workplace and delivered at a time and place that suits their needs. Membership across a range of sectors is reflected in the diversity of courses delivered which ranges from introductory social learning and learning for personal development through to employability training and some very specific vocational training. 27. It is estimated that the Learning Fund will have supported approximately 4,200 learners over the last two years and, in addition to this, Development 6 Healthy Working Lives National Advice line ( ) 7

9 Fund projects will also have supported over 10,000 external learners during this period. In addition to this, TUC Education in Scotland has delivered training for approximately 8,300 reps in the last three years. 28. The STUC Helen Dowie Award for Lifelong Learning was established in 2006 to commemorate Helen Dowie s lifetime achievements in lifelong learning and to recognise other trade unionists who continue to demonstrate their commitment to union values and lead the learning movement forward in Scotland. It is the STUC s most prestigious learning award, with previous recipients being reps in companies such as Diageo, First Bus and the Royal Mail. The 2013 recipient of the Helen Dowie Award for Lifelong Learning is Sonya Cassidy, a Unite Union Learning Representative (ULR) at the Royal Bank of Scotland Mortgage Centre in Greenock. Health and Safety in the workplace 29. Each year the STUC honours a safety representative (or group) excelling in the promotion of health and safety in their workplace. The award was re-named in 2012 in memory of the late Frank Maguire, Senior Partner at Thompsons Solicitors, exceptional health and safety campaigner and a lifelong supporter of the STUC and the trade union movement in Scotland. 30. In 2010, the Unite Health and safety reps from Spirit Aerosystems at Prestwick received the STUC s Health and Safety Award. 31. Spirit Aerosystems took over the facility in 2006 from BAE systems and the health and safety reps have ensured that union involvement in health and safety in the workplace did not suffer as a result of the uncertainty that comes with change on ownership. With the support of Unite, a highly effective team of 17 safety reps, representing the 750 employees have developed positive working relationships with the company that have not only been of benefit to the health, safety and welfare of Spirit Aerosystems employees, but also other employers, and schools in the wider Ayrshire community through school visits and the reps providing training for local employers. Working for Equality 32. Unions actively promote equal equalities, diversity in the workplace and fight discrimination in the workplace. The STUC One Workplace Equality Award aims to advance the work of the STUC s ground-breaking One Workplace Equal Rights Project. Since its launch in 2003 it has supported trade unions in Scotland in promoting equal opportunities issues in the workplace. From early 2007, Scottish trade union organisations have nominated members who have shown a commitment towards promoting equal opportunities and challenging discriminatory work practices. This award highlights good practice in this area. 33. In 2010, Satnam Ner from Prospect received the One Workplace Equality Award. In his role as Branch Chair, Prospect (Rosyth Branch) working at Babcock International Group, Satnam has ensured that the principles of equality are included in the union s bargaining agenda and that management 8

10 do not lose sight of these issues in all their policies and practices in the workplace. He has ensured that his employer has adopted and implemented a proper equality policy, particularly addressing race equality issues where the proportion of black and ethnic minority workers is poorly represented in comparison with the recruitment pool. The way forward 34. Both STUC and the Scottish Government recognise that the work does not stop here. We will continue to work together to ensure a better future for all Scotland s communities. 35. Youth employment is a national challenge that requires a national response. As part of our All Government All Scotland approach we are committed to working with the STUC in developing solutions to the challenges our young people face. 36. The Scottish Government and the STUC worked together on the preparations for the Women s Employment Summit held in September A number of women trade union reps attended and made a valuable contribution to the running of the day and the discussions across all the themes. We recognise that trade union reps can play a key role in helping women returning to work after an absence such as maternity leave. They ensure women understand their employment rights and can lend support and access to services. Following the Summit, the Scottish Government and the STUC will seek to broaden the role of work-based reps through links to a number of different policy areas one of which is on Healthy Working Lives. 37. An existing STUC initiative in Edinburgh called Support@Work which is funded by a range of partners uses work-based reps to help those returning after an absence, such as long-term sick leave, to stay in employment. The Scottish Government is exploring the scope to use the learning and experience from this initiative to inform employability partnerships across Scotland of the potential benefits of this type of in-work support. 38. The Scottish Government and STUC are also progressing joint analytical work on how best to foster high-quality employment in Scotland in the context of a changing labour market. 39. The Scottish Government, the STUC and Scottish trade unions will continue to work together to deliver a more successful Scotland, promoting equality, excellent public services, sustainable economic development, and valuing the positive contribution that trade unionists make in the workplace. CASE STUDIES 40. The remainder of this paper consists of cases studies. Examples from the Clydesdale Bank, Bright Horizons, Support@Work and the Scottish Government itself demonstrate the real and substantive benefits which trade union workplace reps deliver across a range of contexts and business sectors. This year s union rep awards recognise individuals for making a particular contribution but are also more widely representative of the contribution which workplace reps generate in terms of supporting economic and business growth, jobs, well-being, and more. 9

11 Unite and Clydesdale Bank 41. Clydesdale Bank and Unite have developed a cooperative and collaborative approach to union engagement within the workplace, and recognised that it should begin at the top of the organisation. Business Directors have regular engagement meetings with Unite that provide the opportunity for open dialogue and for each party to highlight their point of view whilst also listening to the other. This proactive and professional approach is ongoing and inbuilt and helps to facilitate a change agenda by providing a relationship in which difficulties can be worked through. 42. The Bank has had Union Recognition Agreements in place for many years and in 2006, it established a new Workplace Representatives Agreement that positively encouraged individuals to become union reps in their local workplace. Amongst the benefits from this arrangement is the ability to resolve any issues at a local level with the input of the workplace union reps. The reps can also join consultations about changes that affect their specific areas of the business and provide operational knowledge and understanding of staff concerns. 43. How does this work in practice? Clydesdale Bank has formed a number of joint working parties with Unite that cover areas such as Health and Safety, Diversity issues, Learning and Development, and Employment Policies. They are committed to Unite s Equal Pay Charter and are about to embark on a joint annual equal pay audit with the Union using the support and guidance of Close The Gap, which is Scottish Government funded, that works with businesses to identify and address issues with pay and progression. They provide assistance with the equality legislation, the most effective methodology and approach to be adopted, and the outcomes of the audit. 44. On the lifelong learning front, the agreement with the Union has meant staff members accessing courses useful for work and leisure such as Italian, sign language and report writing skills. A more recent partnership has meant that the Professional Banker Certificate qualification is being offered by Unite to bank staff with the Bank s support for time off and facilities to attend the training. 45. The collaboration between the Bank and its Union has also seen a greater common focus on wider issues, such as flexible work arrangements, mentoring and networking programmes, female representation within management roles, and a programme to assist women returning to the workplace following maternity leave. Bright Horizons in Scotland: one of Scotland s Best Workplaces 46. Scotland s Best Workplaces Awards honour and recognise organisations that have achieved outstanding effectiveness in people excellence. One of the 2012 award winners, the childcare group Bright Horizons, also received a Diversity Award endorsed by One Workplace Equal Rights which recognises organisations which demonstrate a genuine sense of meritocracy and go beyond compliance to promote equal opportunities and encourage diversity in the workplace. The judges praised Bright Horizons caring culture with 10

12 innovative practices. (Their) policy of involving and engaging clients and staff in shaping its diversity and inclusion work makes it stand out in this regard. 47. The company recognises and works with UNISON to represent the interests of their staff. They have achieved a flexible workforce via innovative HR policies to support employability particularly for working parents via their Bank staff concept utilising existing networks. Their involvement in research on a more diverse childcare workforce helps tackle barriers that result in occupational segregation within in this sector. The company not only meets legal requirements but exceeds them in many instances. In a sector often characterised by high levels of stress and poor pay, Bright Horizons fosters a caring culture with innovative practices that moves toward a benchmark of good practice. The Scottish Government s People Strategy 48. The Scottish Government s People Strategy is about having the right people, in the right place, with the right skills at the right time. It sets out the ways of working needed now and in the future to achieve this, and creates the culture and environment to enable individuals to thrive, develop, get opportunities and enjoy their work. 49. The People Strategy has been developed through a process of discussion and engagement with staff, including, through the use of facility time, the active involvement of Scottish Government trade union reps. 50. The People Strategy is not just about what Scottish Government does but how it does it, including culture. It is about creating the conditions for consistently good people management and development. 51. In terms of the Strategy in action, staff will: Engage and make connections Take responsibility to deliver Respond creatively to meet the tough challenges Support each other and be resilient Work flexibly in and across teams 52. The Scottish Government s People Strategy was developed through an extensive process of discussion and consultation with staff. Using facility time, Trade Union reps played an important role refining the final product and further enhancing the focus to clearly place the well-being of staff at the heart of the document. Their involvement helped ensure the Strategy was clear and accessible to all employees. Their constructive contribution has continued through the development of key workstreams. For example, contributing expertise and analysis to the evaluation of an extensive promotion board exercise carried out as part of delivering the People Strategy. This will inform and enhance future approaches on a matter which is of key importance to staff including an organisational commitment to tackle stress in the workplace. 53. The outcome of this joint working was evidenced through positive changes in the Scottish Government s Employee Survey results which applied to 11

13 almost all dimensions measured. Positive responses to Leadership & Managing Change dimensions rose by 3 percentage points, as did staff members ratings of the performance of their line manager. A particular highlight following the joint work on the promotion board exercise was an 8 percentage point increase in positive responses to the question, There are opportunities to develop my career in Scottish Government. Support@Work and Scottish Centre for Healthy Working Lives (SCHWL) 54. With support from the SCHWL, the Edinburgh based Support@Work project provided training days for reps to improve skills on representation and negotiations on sickness absence and disability at work. These training days were attended by 70 union reps from the public, private and voluntary sector; training was delivered by Support@Work and Healthy Working Lives staff. This is a key component of the joint Support@Work approach. Trade union expertise from the Support@Work team is shared with NHS Lothian vocational Rehabilitation Unit to encourage the best outcome possible for those returning to work after a period of ill-health or for those with a continuing health concern. The training included the studying of Support@ Work/NHS case studies and evaluation of reps own workplace policies and procedures. The main outcome was to support reps on how best to assist members on issues of returns to work after ill-health conditions, negotiation skills with employers, appropriate phased returns to work, tackling disability discrimination and developing best practice on workplace policies. STUC Helen Dowie Award for Lifelong Learning 55. The 2013 recipient of the 2013 Helen Dowie Award for Lifelong Learning is Sonya Cassidy, a Unite Union Learning rep at the Royal Bank of Scotland Mortgage Centre in Greenock. Sonya has been a ULR for just over two years: her motivation to improve life for her members, and to recruit new members was evident from the beginning, and activity began straight away when she completed her training. 56. When Sonya was recruited her workplace had a very low density of trade union members, and a number of industrial issues, with a need for a clear strategy to organise around. With this in mind she decided to use learning as a tool to engage and educate members, and encourage non-members to join. She put her ideas forward to the workplace representative, and working together they put together a robust plan to implement a fulsome lifelong learning structure within the workplace. They secured the buy-in of their employer and a local learning agreement, facilities for running courses in the workplace, and they negotiated with a local college to develop and secure a bespoke programme of courses to best suit the needs of the workforce. 12

14 57. Following the initial engagement of the local college, Sonya also secured funding through the Scottish Union Learning Fund to deliver additional courses, further expanding the programme. 58. The hard work and dedication which went into bringing this all together paid off, as the programme was a huge success from the very beginning. The enthusiasm for the courses was enormous, and not only did it enrich the members who attended, it resulted in a five-fold increase in membership onsite. Sonya s work in lifelong learning has had a huge impact on people in her own workplace. Over 100 people have now completed accredited learning in her workplace, which is a huge success in a workplace of its size and sector, and in a short space of time. The buzz around the high level of union activity increased the union s profile and also the workforce s confidence in the union, as they saw it as an active and relevant force in the workplace. Frank Maguire Health and Safety award 59. In 2013, Pauline Russell, GMB Convenor and Senior Health and Safety Representative, Diageo Bottling Plant, Leven received the STUC s Frank Maguire Health and Safety Award for developing trade union health and safety structures in the Diageo site. She has recruited a number of young health and safety reps and is keen to ensure that the compliment of health and safety reps reflects the demography of the Diageo workforce and is keen to recruit and train more female reps in the coming year. 60. Pauline is also undertaking her TUC Diploma in Equalities and very much sees this not only as personal development but as something that will help her understand the importance of assessing the equality impact of health and safety structures as well as policies and procedures. 61. Pauline has gained the respect of her members, senior management and bottling line supervisors who have independently praised her role as an ambassador for health and safety, a mentor for new health and safety reps and workers as well as someone who is willing to challenge anyone, employees or management when she identifies failures that compromise health and safety of workers. This approach has led to safer and healthier working environment. Pauline s efforts have played a part in reducing injuries on-site and ensuring the implications for workers safety were fully considered during the significant modernisation programme undertaken at Diageo s Leven site. 13

15 STUC One Workplace Award 62. This year s STUC One Workplace Equality Award recipient is Sharon Edwards, PCS. Sharon has been involved in every aspect of trade union activity from 1984 till the present and continues to show exceptional commitment to PCS and the wider trade union movement in all her roles from local workplace to national committees. 63. As Chair of the PCS Scotland Lay tutor network, her support of other tutors is invaluable in the delivery of the PCS Scotland Education programme. She continues to mentor and support all the graduates and has become a role model for young women from the course. As Chair of the PCS Scotland Equalities Committee, Sharon has taken the lead in the setting up of their Women s Network. Finally as vice chair of PCS Scotland Committee, she plays a key role in the direction of and application of campaigns whether on a UK, Scotland or on a more localised basis. Sharon was also instrumental in launching a new PCS journal for women in The role Sharon plays in reaching out to women is of vital importance in terms of supporting women in their working lives. 64. In her job at IPS, Northgate Glasgow, Sharon s promotion of learning and support of young members has brought through a number of reps over the years. She successfully campaigned for equality forums in the workplace and her campaign for equality proofing of job adverts within her department was agreed and has now become standard practice. However, it is on a national level where she has had much of her success in supporting reps and members. Sharon is a member of the PCS National Women s Forum advising the National Executive on policy issues, exchanging information on developments in negotiating and campaigns, and providing guidance when needed for negotiators and local reps. Above all, her support of new reps and women in PCS is invaluable and this makes her an exceptional recipient of this year s One Workplace Equality Award. 14

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18 Crown copyright 2013 ISBN: APS Group Scotland DPPAS14162 (04/13) w w w. s c o t l a n d. g o v. u k