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  3. FAQs: FBU executive council position on industrial action on pensions

FAQs: FBU executive council position on industrial action on pensions

October 24, 2011
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Question: Is it true that the FBU will not be taking any industrial action on 30 November?

Answer: Yes it is. The Executive Council made the decision at its meeting on 18 October 2011. The Executive Council agreed a statement which was circulated to branches and is being sent to all members at home.

Question: I am really angry with this decision. Why is the FBU not prepared to take industrial action to protect my pension?

Answer: The Executive Council has been very clear that we may need to take industrial action on pensions. We have made this clear to the government at every stage of discussion. We are currently in detailed talks with the government. We have always said we are prepared to talk about the issues raised by the government. FBU members have also made clear they expect us to talk. The current format of talks, (i.e. separate talks for each public service scheme) was agreed by the TUC. Since the move to scheme-specific talks, we have been pursuing our members’ interests by presenting a range of expert evidence to challenge the government’s agenda. It has been acknowledged that this evidence presents serious challenges to the government over its proposals for our pensions.

The Executive Council will not shrink from this. The canvassing of members’ views, the model resolution for branches, the UK-wide series of branch, brigade-level and mass meetings were initiated by the Executive Council precisely because it is committed to the members and your pensions.

Question: Didn’t the TUC decide in September that all unions would be taking strike action on 30 November?

Answer: Not quite. On 14 September the TUC’s public sector liaison group (PSLG) which comprises the unions in the public sector agreed that the 30 November would be a day of action on which each union would decide its level and type of involvement. The TUC’s press release spelled this out:

“given the failure of the government to engage properly in the negotiations, to step up the campaign and to hold a first day of action on Wednesday 30 November.

Each union has been asked to consider taking what they judge to be the most appropriate form of action possible to show their support for this united campaign.

This would range from strike action, where ballot mandates have been secured from members and unions judge that appropriate, through to lunchtime meetings, rallies and joint events with community groups and service users.”

http://www.tuc.org.uk/economy/tuc-20059-f0.cfm

Question: Why was the decision made not to take industrial action on 30 November?

Answer: We take industrial action when it is necessary to do so. In Spring 2011, some unions felt that their members’ pension schemes were going to be hit the hardest and earliest and balloted for strike action earlier than some, and took strike action on 30 June.

More recently, other unions have considered the timetable that has been set for their discussions and the manner in which the government has conducted those discussions and have concluded that they should begin their ballot now.

The discussions for the firefighters’ scheme has a very different timetable and we judge that the government’s approach in those discussions so far has been genuine and meaningful.

There are principally two separate themes in the talks:
i. Contribution rates
ii. Post-2015 firefighter scheme
Unlike other unions, the timetable for talks on both of those issues does not conclude until after 30 November.

It is primarily for those reasons that the Executive Council has decided not to ballot members for industrial action at this time.

Question: If we don’t strike or take other industrial action on 30 November does that mean we can never take industrial action with the other trade unions?

Answer: If we don’t take industrial action on 30 November it does not stop us taking industrial action in the future – either at the same time or at different times as other trade unions.

Question: Will we not just look weak to the government and the civil service if we don’t take some form of action?

Answer: Ministers, civil servants and the employers are under no illusion that if we don’t get proposals that we can recommend or at least tolerate as the best achievable, the union will take industrial action.

Question: Will we not just look weak to the other unions if we don’t take some form of action?

Answer: All unions are aware of the history of the FBU and the position of the FBU on public sector pensions. The union is represented on the General Council and the TUC Executive. It attends all meetings of the TUC’s Public Sector Liaison Group. All unions know that when the FBU moves to ballot, it wins massive majorities on very high turnouts. They also know that when the FBU takes strike action it does so with purpose, resolve and FBU members all take strike action together.

An explanation of the reasons behind the Executive Council decision was made to the TUC General Council shortly after the decision was made. The General Council fully understands that the purpose of the industrial action is to achieve an outcome acceptable to the trade unions’ members. The initial step towards being able to achieve this goal is meaningful dialogue and mutual respect at the negotiating table. The FBU is not experiencing the disrespect and dismissive attitudes which other unions are receiving. In addition, a major obstacle foreseen by the FBU in the fire service pension talks was the early promulgation of the “cost ceilings” for the scheme without proper prior discussion on the methodology and financial inputs into those calculations. The FBU has achieved that.

Question: Are we not just leaving it all too late?

Answer: The short answer is: No. A fuller explanation is this – the changes which the government announced to public sector pension schemes are three-fold.
i. Changing the up-rating (or indexation) of pensions from RPI to CPI
ii. Changing contribution rates
iii. The benefits structure of the scheme.
We are challenging the legality of the up-rating method through the courts. If that doesn’t succeed then we will be taking strike action to get a change in the policy.

Any changes to contribution rates will start to take effect from April 2012. We would not wait until then, but we do not have to take strike action at this time, this early. It is not known for certain what those rates will be. The key government consultation on this matter is that which is being conducted by CLG and which closes on 2 December 2011 with a government response to the consultees’ views being delivered, we believe, in the first week or so in the New Year.

The “cost-ceiling” for the firefighter scheme has not yet been calculated. The government wants the new scheme to be shaped by this cost-ceiling. We are using the time available to press our members’ case with the government.

Question: What if the government is just stringing us along?

Answer: The Executive Council is very alive to this possibility. So far, the pace of the discussions has been consistent with the availability of the data and the information. Should that change and the negotiators sense that talks have stalled or that the department has begun to play for time, that will be reported to the Executive Council with the appropriate recommendations on how we should respond.

Question: A lot of members I know are very angry and want to take strike action now and walk off the station. Why don’t we just do that?

Answer: At this stage the Executive Council does not believe that industrial action would assist the negotiations or improve the prospect for good outcomes. It is also our judgement that it may actually impede progress.

When and if that view changes, the Executive Council will not hesitate to act accordingly.

Question: Should we not be taking industrial action now to make the talks more effective for the FBU?

Answer: So far, we have been successful in ensuring that the consultation is scheduled over a period of time conducive for discussions to be comprehensive, well-informed and meaningful.
Other unions have unfortunately not been able to achieve this yet. We have done this without the need for industrial action. We believe in maintaining readiness and keeping the powder dry until it’s required.

Question: Could we not just take 999 call only action that day?

Answer: Whether we take action short of strike or strike action, it is our view that there will be a stoppage of pay for partial performance by some, possibly many, fire and rescue authorities. Moreover, industrial action, whether strike action or action short of strike, has as its purpose two objectives:
a. To enhance the unions’ negotiators’ prospects within talks
and/or
b. To move the other side when talks have broken down or have concluded without an outcome acceptable to the union and its members.
We are not at a position where industrial action is required, yet.

Question: Are the majority of members calling for action right now?

Answer: We have been systematically canvassing the views of FBU members through branch meetings over the past few months. It is clear from this that members are resolute for industrial action when necessary.

Reports from lead officials and Executive Council members who have attended an extensive number of these meetings is that members are not calling for immediate strike action, but instead want talks to be given the best chance.

We are clear that this patience is not infinite, and reiterate that fact at every meeting with the government.

Question: I heard someone say that they didn’t think the union was serious about strike action at all, let alone on 30 November. Is that true?

Answer: The facts speak for themselves. Alongside the normal business conducted by officials at every level of the union, the last few months has seen meetings with the membership preparing for a ballot all over the UK. Behind the scenes preparations have been taking place, and the union has been ready to ballot and initiate strike action for many weeks.

The Executive Council has been meeting every 2-3 weeks to be updated on developments in order to inform the discussion which takes place at each meeting on the issue of strike action. These additional meetings will continue throughout the current phase of talks.

Question: Is the Executive Council saying that we should do nothing on 30 November?

Answer: The Executive Council urges members to engage with the demonstrations being arranged up and down the country by trades councils, community groups and the regional TUC’s.

Specific activities will be notified to members over the coming weeks.

Question: Is attending demonstrations enough?

Answer: The Executive Council is clear that if talks break down or don’t achieve an acceptable outcome, then demonstrating will not be sufficient to move the government, and that strike action will be necessary.

The status of the talks is such that industrial action by FBU members is not required at this time, however it is important that FBU members make their disquiet and anger known, and so we urge members to attend local demonstrations on 30 November.

Question: Is the FBU taking the matter seriously?

Answer: In short, “yes” – and very much so. To give some examples:

The FBU initiated the legal challenge to the indexation change to CPI which is due to be heard in October.

The Executive Council initiated the process of engaging and informing members from our lobby of Parliament in 2010, a huge FBU attendance on the TUC demonstration in March 2011, the “model resolution” which has been the cornerstone of the huge membership canvassing exercise which continues even now in a bid to make sure we speak to every last member.

There have been approximately 20 meetings with government representatives over the past few months alone, alongside discussions with representatives of the employers, discussions with the main parties and government departments and ministers across the UK. Regional and Brigade officials have been continuously lobbying MP’s (as well as AM’s and MSP’s in the 3 devolved administrations), fire authorities and individual councillors and chief officers.

The Executive Council commissioned the Yougov survey which clearly shows that government intentions to raise money through pension scheme changes will be counter-productive.

The Executive Council has commissioned evidenced reports from a range of sources to support our case. These have been presented to the governments in all the countries that comprise the UK, and are a central feature in the current discussions. The issue of pensions has been raised with our employers at the NJC.

Question: Is all this the same for members across the UK, whether they are in Scotland, Wales, Northern Ireland or England?

Answer: Very much so. National, regional and brigade officials and many branch officials have been engaged in this work in all four countries.

Question: I am an FBU member and I am in the LGPS – should I not be taking some form of industrial action on 30 November?

Answer: Whilst the FBU is not one of the major unions in the LGPS discussions we have played an important role in the trade unions’ side-discussions. We continue to campaign in these talks for all control members to be given access to the firefighters scheme.

We will be discussing picket line protocols with unions taking industrial action on 30 November. Those unions will know that the FBU has not balloted its members and the reasons for this.

Further information will follow in due course.

Question: Wouldn’t the talks have been over by now if we had taken strike action already?

Answer: Our very clear assessment is “no”. The talks have now reached a critical stage with the production and availability of a lot of new data and evidence to be considered in the talks.

If strike action was currently being taken, it would simply be taxing our members’ income with no positive effect on the talks.

Question: Will the union simply strike a deal with the government without consulting the membership?

Answer: No. Precise mechanisms are not yet decided, but the Executive Council will consult with members on any outcomes which emerge.

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