Berkshire Circular: Contingency Contract letter – Retained update
BERKSHIRE CIRCULAR
August 2011
Dear FBU member,
In informal discussions with your FBU brigade officials, Royal Berkshire Fire and Rescue Service (RBFRS) announced its intention to write to all operational staff. It intends to issue a letter that may request that you indicate your availability to work during certain events affecting brigade resilience, such as industrial action. However, it is possible that the request may not specifically mention industrial action, but will instead be shrouded in other terminology, such as asking for your willingness to respond to civil contingencies like spate conditions or pandemic flu. Please be aware that you are under no obligation to respond to this letter and that if you do respond in the affirmative, you may be entering into a legally-binding contract with RBFRS.
It is likely that the letter will state that RBFRS is looking to ensure its business continuity and that the Fire Authority is seeking to comply with its statutory obligations. The FBU fully supports contingency planning for emergency incidents, such as large-scale flooding or terrorist attacks, and has actively campaigned for increased resources to respond to these incidents. However, apart from its general obligation to provide a fire and rescue service, it should be noted that RBFRS is under no statutory obligation to devise business continuity plans specifically for industrial action.
At present the FBU has not seen the letter that RBFRS may send to its staff. Nevertheless, your union believes that the letter will inevitably lack sufficient information to allow you to make an informed decision. We would advise you to read all FBU literature on the issue and to attend branch meetings to discuss the matter with your fellow members and representatives. It is important to recognize that by entering into a contingency contract you may be agreeing to work during an industrial dispute. The FBU would expect ALL members to abide by any democratic ballot for industrial action. Please be assured that such a ballot would only occur following a complete breakdown of communication between RBFRS and the FBU or due to irreconcilable differences over a specific issue.
Your union is concerned that if RBFRS does issue the letter, it will subject FBU members to an unacceptable, unnecessary and unjustified amount of direct organizational pressure. There is also the danger that, in presenting the letter to its employees, RBFRS will seek to undermine the ability of your FBU brigade officials to negotiate a satisfactory outcome on your behalf. Indeed, the letter and subsequent continuity plan may perversely make industrial action more likely. We would stress that the FBU will always strive to reach a negotiated settlement with RBFRS, but believe that such a letter will hinder that process in the event of industrial unrest.
The Fire Brigades Union would remind members that you are under no obligation to respond to the proposed RBFRS letter.
The Fire Brigades Union has campaigned actively on your behalf, both nationally and locally, and can only continue to do so with your support.
Nationally, Royal Berkshire Fire Authority (RBFA) was one of the two fire authorities that the FBU took to court to win you pay parity with your Whole-time colleagues – your employer did not want you to have this money or to receive benefits which are equivalent to those RBFA offers to its Whole-time employees. The FBU has consistently argued that a fire-fighter is a fire-fighter and that the type of duty system worked is irrelevant. The result of the union’s hard-won victory was the Part-time Workers Settlement. This saw all fire-fighters at last operate under the same national terms and conditions of employment. However, the FBU is still pursuing the compensation owed to you. It believes that many more fire-fighters are eligible for this award than have been put forward by their employers. As a result, there has been a delay in payment of the compensation while Popularis checks all relevant records.
As part of the same successful campaign, the FBU also won you access to the Modified Pension Scheme. It is therefore frustrating that the Government has so far failed to bring the scheme into being. As a result, your union has, advised the Government that the FBU will pursue a further legal challenge, if necessary, to secure its members’ pension rights.
It is important to note that, throughout the FBUs 10 year campaign to win you parity with your Whole-time colleagues, both the national employers and Government have sought to deny you part-time worker status or to allow you access to the Firefighters’ Pension Scheme. Your continued support is therefore essential to realize these gains.
Locally, your union has worked very hard to make your voice heard. It has represented you on every IRMP project that involves the RDS and engages with management and the Fire Authority on your behalf. For instance, the FBU has requested greater flexibility in the Dual Contract Policy in a bid to improve appliance availability, and is at present in negotiations on this policy. It has also argued strenuously against the implementation of the Low Risk Incidents Policy. We secured concessions prior to this policy ‘going live’ and will continue to lobby for its repeal. Your support in this campaign has so far been outstanding, but we shall require more of the same in the months ahead. If you have not done so already, the FBU is urging you to become active and stay active. Let your brigade officials know how the brigade’s management is affecting you. Come to FBU meetings. Attend its lobbies.
Despite its warm words, recent years have seen RBFRS attack the Retained establishment. Sometimes these attacks have been centred solely on the RDS, such as the closure of stations (actual and proposed) and detrimental changes to turn-out times. Sometimes they involve both our Retained and Whole-time members, such as the AFA call challenge policy and altered PDAs to road traffic collisions. The effect of these attacks is to play one group off against another – whether this is Retained against Whole-time or, as with the Low Risk Incidents Policy, the RDS at one end of the County against their fellow RDS at the other. We can only defeat these attacks if we stand together. Please bear this in mind if RBFRS sends you its proposed letter.
The Fire Brigades Union would remind members that you are under no obligation to respond to the proposed RBFRS letter.
Yours in unity,
Mark Stollery (Brigade Secretary)
Maurice Whyte (Brigade Chair)
Paul Watts (Brigade Organiser)
