Report of UNISON National Executive Council 6th October 2021

To start the NEC meeting, Kath Owen, Vice President welcomed us all to the meeting from the Conference centre on the 9^th floor of the UNISON centre in London. This was a hybrid meeting with most logged on at home or wherever based. Christina McAnea, General Secretary and other senior officers and committee chairs were in the UNISON centre.

Kath explained that she wished to bring a series of resolutions to the NEC meeting which had been circulated to all NEC members the previous weekend. Legal advice from the Executive office had also been circulated to members. (The latter about an hour before this meeting.) NEC members were reminded they were elected by their constituent members. The resolutions highlighted issues that had been encountered by the Presidential team since they had come into office and Kath stated NEC members had a right to have their say on the motions. We would need a record of who has been able to vote.

An officer stated that the legal advice sought and distributed just prior to the meeting was of the view that 4 of the 6 motions breached the existing rule book and would need rule changes to National Delegate Conference next year. Kath stated that the view of the Presidential team was that the resolutions concerned interpretation of existing rule, not creating new rules. The interpretation of rule was the NEC role in between conferences, as also set out in the rulebook.

A point of order was raised asking could we have a vote on whether the motions could be heard and could this be a roll call vote. The roll call vote was taken on whether to hear the motions and the result was:

For 37, Against 26, 0 abstentions.

Andrea Egan, Vice President introduced the motions.

Andrea reminded us that under Rule 2.1 management and control of the union between National Delegate Conference is vested in the NEC with full power and authority to act on behalf of the union in every respect and for every purpose falling within objects of the union and this is a member-led union where the role of staff is to carry out lawful instructions of the NEC. The motions are designed to assist in ensuring decisions of the NEC and those decisions where the NEC has delegated its powers are carried out efficiently and promptly.

Resolution 1 Pursuant to Rules D.2.1, D.2.8, and D.2.11.9 the NEC resolves to convene every other month and that the current cycle of Committee meetings will continue as at present but with each Committee reporting to the next NEC meeting.

An NEC member seconded the resolution stating more meetings would help as we have significantly overrun and run out of time at NEC meetings very often and this causes problems for disabled NEC members, those with caring commitments and when NEC members need to return to work. It would also give us more opportunity to mobilise and campaign effectively for our members. The NEC member noted that at the July 14 2021 NEC meeting we were told a simple motion setting the date of the next NEC meeting was unlawful but now the external legal advice sought by the Executive office agreed this was lawful, demonstrating how significantly legal advice can vary and change.

For 44, Against 20, 2 abstentions.

Resolution 2 Pursuant to Rules D.2.1 and D.2.9 the NEC appoints a Committee consisting of the President and Vice-Presidents (the quorum for which shall be two) to be known as ‘the Presidential Team’ to which it delegates, between meetings of the NEC, the NEC’s powers (including the power to direct the General Secretary from time to time as may be necessary pursuant to Rules D.2.13.1 and E.3.1) other than powers it has delegated to the Development and Organisation Committee. The Presidential Team shall seek the endorsement of the next NEC meeting for any such exercise of its delegated powers.

An NEC member outlined arguments for in seconding the motion: The Presidential Team effectively acts as a committee, but this is not properly codified; there are no clear guidelines or boundaries to work within; all powers are based on precedent, not all of which is clear to lay members or has an obvious rationale; the NEC needs clarity on what powers it is delegating to its Presidential Team and requires it to report back on decisions taken.

For 38, Against 26, 0 abstentions.

Resolution 3: Pursuant to Rule D.2.1, D2.9 and D.2.11.15 the NEC directs the Presidential Team to instruct (through the Union’s legal department or such other solicitor as the Presidential Team thinks fit) counsel of the Presidential Team’s choice, at such a time and in such terms as the Presidential Team consider appropriate, to advise the NEC on any matter which the Presidential Team consider warrants such advice.

An NEC member spoke whilst seconding the motion: Legal opinion is always open to interpretation. The Motion explicitly argues to go through the legal department, but gives the NEC, as the client, the right to choose in regard to which external counsel is used.

For 38, Against 26, Abstention 0.

Resolution 4 Pursuant to Rules D.2.1, D.2.9 and the preamble to Schedule D, the NEC delegates to its Development and Organisation Committee all its powers in relation to disciplinary matters which are subject to Rule C.7.4, Rule I and Schedule D. That Committee shall seek the endorsement of the next NEC meeting for any such exercise of its delegated powers.

An NEC member seconded the motion and stated that if we passed this resolution we would have codified and clarified what the situation is, which is all the motion seeks to do. 

For 38, Against 22, Abstentions 3.

Resolution 5 Pursuant to Rule A.2, D.2.1, D.2.11.1, D.2.11.2, D.2.11.3 and Rule C.7.4, the NEC rules that Rule C.7.4 gives jurisdiction to the NEC (and the Development and Organisation Committee exercising its delegated powers) the duty to consider the suspension of any member or branch suspended for more than 4 weeks where such suspension has not been considered by the NEC or the Development and Organisation Committee in the last 4 weeks and, as it thinks fit, remove or continue the suspension.

An NEC member stated in seconding the motion there was insufficient lay oversight of the process after a suspension has been approved. It can then go out of view. It is important there are checks and balances processes can drag on and we don’t want a suspension to become a sanction. The motion asks for a review every 4 weeks.

Another NEC member said this is not about whether people should or should not be suspended it is if people are suspended should that suspension be reviewed. No one should be on an indefinite suspension without review. There are currently no checks and balances and often cases have dragged on for years. We want a reasonable process - no one would sign up to a process where suspensions were not reviewed. Welfare support to suspended members is non-existent and should be reviewed.

For 36, Against 26, Abstentions 0.

Resolution 6 Pursuant to Rules C.2.4, C.7.1.1, D.2.1 and D.2.2.4, the NEC directs that any member holding elected office within the Union or holding an elected seat on a Committee of the Union who is dismissed by their  employer shall, on notifying the General Secretary within one month of such dismissal, continue to be a member of the union from the date of dismissal until such time as the NEC decides otherwise or the member resigns from the union, and whilst such a member shall be entitled to hold office in the union and, in particular, shall continue to hold every office and sit on every Committee in the union to which they have been elected or appointed for the remainder of the term of such office or seat, unless and until the NEC decides otherwise or the member resigns from such office or seat.

An NEC member seconded the resolution: We are a union that supports its activists should they go through a dismissal process. We want elected union officers and committee members to know this so we will need to communicate this new process to activists so they both understand the process and know that as a union, we have their back, particularly where they may be victimised by their employer. If a dismissal turns out to be fair, the membership can be terminated as normal. The motion put some process around rules already in place that allow the NEC to continue membership of dismissed members as it wishes. Any member dismissed could write to ask for their membership to be continued, which would then be reviewed at the next NEC meeting and could be terminated as normal if the NEC so desired.

For 35, Against 26, Abstentions 1.

The Vice-President thanked all for contributing and voting and asked the legal department to instruct Lord Hendy QC, the UK’s leading QC on Trade union law, to advise in writing on the 6 motions. If anything was found to be unconstitutional, motions could be nullified.

An Officer stated any instruction issued to staff based upon an unlawful resolution is not a legitimate instruction. The member of staff can decide not to comply without any disciplinary sanction. The Vice-Presidents agreed with this proposition but re-stated their view that the motions passed were lawful.

General Secretary report

Christina McAnea relayed that we had been trying to get YES votes in various pay ballots. A good result at the University of Dundee against detrimental changes to their pension scheme. Difficulty of getting greater than 50% turnout in consultative and statutory ballots was referred to. We have been looking at what do we need to be doing to improve turnout in ballots.

Black History month – a lot of work is underway, a priority for us in terms of the comms sent to members.

Health conference in September. This was thought to go very well. Sadly, we have lost Tam Waterson of UNISON Scotland who died, a big loss to the union.

Key focus of the next period will be what we do on Climate Change. There was COP26 at the start of November. Branches are encouraged to do something during COP26 and ensure a big Trade Union presence on protests. There would be regional protests.

The Chair of PDCC (Policy, Developments and Campaigns Committee NEC committee) Tony Wright read out a statement on COP26:

UNISON NEC fully supports the call for a UK trade union mobilisation to join the Day of Action for Climate Justice on the 6th November 2021 in Glasgow and other UK key cities and regions. UNISON was proudly one of the first trade unions to support the work of the COP26 Coalition. UNISON will work side by side with the Coalition to mobilise our members and to get workers voices heard so that governments hear loudly and clearly our demand for a just transition and public ownership to deliver a fair and just Climate Emergency response in solidarity with the Global South.

The Chair of Finance Dan Sartin raised the Liverpool conference centre decision to hold an Arms Fair there that has led to calls to boycott and discussions were starting to explore finding alternative venues. Disabled members conference will go ahead because it is imminent, but we will look at the branch and financial impact of not using the Liverpool conference centre and whether it has broken the ethical supplier policy. The General Secretary has been asked by the Finance Committee to intervene with the centre to make clear we will stop using it asap if they do not change course. Dan, as the Chair of the Finance Committee, was due to get a report from officers by the end of the week.

Labour Party Conference – An NEC member raised that many NEC members have been contacted by members complaining about UNISON’s vote on Labour Party rule changes, particularly the process for electing the leader, whereby they will now need 20% of Labour MPs to get on the ballot paper. Lots of Labour policies under the Starmer leadership are no longer UNISON policies, the delegate felt. The response given by an Assistant General Secretary was that the full delegation had a discussion and voted to support the package. A full report will go to the National Labour Link Committee.

A question about the makeup of the Branch Resources Review (BRR) implementation team that now has 3 regional convenors on it, and not all 12 convenors as representation. A request was made by one NEC delegate that all 12 Regions are represented. The Presidential team had received the correspondence from the delegate and has looked at the make-up of the team: we cannot meet everyone’s demands but the BRR will be a regular standing item on the NEC agenda, so progress can be tracked.

/NEC Report Ends

Personal report of the UNISON National Executive Council 7th April 2021

Kesk trade unionists in Turkey – we sent a message of support to those on trial and called on the Turkish government to drop charges on trade unionists.

There was an additional NEC meeting for discussion of amendments to conference motions - 7th May 2021.

Best wishes were sent to ex National Officer for Water, Environment and Transport, Dave Johnson as well as communications officer Lucy Hyndley who had recently retired.

The NEC passed motions ahead of the special delegate conference in June on the impact of COVID-19 on UNISON members, public services and working life and securing an equal and sustainable post-pandemic settlement. A presentation on how this will be run was subsequently received during the meeting.

Christina McAnea - General Secretary report

Sleep-ins ruling – disappointment was expressed, we were still fighting, model letters would be provided for branches to use with employers who might try and take advantage. The legal team were thanked for their hard work.

Public sector pay – there were different campaigns in different groups and different countries e.g. 4% to NHS in Scotland, another offer to Universities (disaggregated ballot in those that choose to be balloted) with a recommendation to reject.  

We were looking at a coordinated pay campaign across the public sector – fairness for public sector workers, we want to raise anger levels amongst members and need to get more information out to members. Our campaign was linked to the May elections – to get Labour elected where we can e.g. in Wales again, Mayoral and Council elections – “The results of these elections will have a direct impact on the lives of our members,” the general secretary said.

The TUC public services liaison meeting was chaired by Christina  – there was a strong feeling of needing to work collectively – to reverse pay freeze and cuts.

Local disputes were referred to - Fire and Rehire, changes to terms and conditions, failure to implement national terms e.g. Agenda for Change. Some long running e.g. Heartlands porters – significant hardship if implemented, still facing fire and rehire. UNISON Scotland were consulting on local government pay.

If we win at local level, it helps to build. If we do move to national ballots, we want to make sure it is successful. 

Our work was still supporting people through covid. We wanted a vaccine in all countries not just the wealthier ones. Look outwards as well as looking after our members. “We continue to be a union campaigning on wider international issues and will continue to ensure that vaccines are being made available in developing countries. This is a global pandemic and it needs a global response.”

We recommitted to the importance of member and activist education and union learning reps after the government closed the union learning fund.

NEC members raised questions and made contributions:

There was the outrageous Sewell report which denied the existence of institutional racism and whether we can do something to mark the anniversary of George Floyd’s murder in May.

Rules were broken in the recent General Secretary election - 67 complaints (85%) were upheld.

Questions on Public sector pay – are we coordinating, are we rejecting the Scottish NHS offer of 4%, if not this will lead to further demoralisation amongst NHS workers. What is the strategy about NHS pay, members are angry what they lack is belief in UNISON having a strategy. We need more joint union campaigns.

Not for the first time concerns were raised regarding the lack of information being provided to the NEC following the submission of some 80+ complaints regarding the recent General Secretary’s election. Additionally, 6 or so years on we still haven’t received the oft requested full report into the “UNISONGATE” affair.

Sleep-ins – the North West had asked all labour councils to continue to pay proper rate. Can we do this nationally? 

Can we start planning demos, particularly given the outrageous proposals in Police and Crime Bill? Answer - Lots to oppose in the Bill fighting to get as many changes as we can and whether we need to provide additional advice once we can do demos. 

Recruitment figures - re Health and Safety reps are better. 28 April 2021 was International Workers memorial day – Remember the Dead and Fight for the Living. 

Reports from committees:

Development and Organisation - Recruitment was good in January, most recruitment in schools. UNISON and National Education Union encouraged direct action using section 44. When we take a stand and do something we attract members. 

Trade Union education has been cut but looking at alternative provision. 

Disciplinary action report:

For the first time I can remember, a vote was taken on the acceptance or not of the disciplinary report due to the inordinate time (17 months in one case which is still not complete) and which would be unacceptable in the majority if not all of the employers UNISON organises in. The acceptance vote scraped in by 23/21 with nobody present knowing what to do if it had have fallen!

I voted against acceptance.

 

Personal report of the UNISON National Executive Council 26th February 2021

Due to the last scheduled NEC overrunning this meeting was convened at short notice to deal with outstanding business.

The Branch Resources Review (BRR) report and suggested motion to this summer’s special Conference was debated at length after a powerpoint presentation on the subject. It was stated there had been extensive engagement and consultation with Regions, Service Groups, the Equality Liaison committee.

It was a ‘fair, affordable and sustainable’ new package of branch funding and support including ‘an improved funding formula’ and a new branch support and organising fund. The Finance sub committee of the NEC had endorsed it. An NEC member who sits on the Finance sub committee and had voted against it said he did not feel it had completed it’s work and was insufficient after a decade of austerity.
Questions were asked ‘How many branches would benefit’? What were the percentages of winners and losers?

Another NEC member said if we take a decision today it could be years before we revisit this. We needed to get it as right as possible.

Another member on Finance sub committee said was there enough in the Branch resources review to crucially get it through the special conference?

Another NEC member asked why was a WARMS upgrade and campaign on Facility time linked to this. They could not support it as currently is. Every branch has problems with Facility time we needed a campaign now.

Other questions/comments were: Why is Branch accommodation not included?

Why aren’t reasonable adjustments contained in detail?

Back-to-back Conferences are no good for Disabled members.

Are Industrial Action funds to be kept away from the review?

There was vote on the report and then on the Motion to special conference.
The 2 votes were both For 27, Against 11 with 4 abstentions. I voted against on both.

Personal report of UNISON National Executive Council 10th February 2021

A minute silence was held for members who had recently passed away.  

A number of NEC members (including me) raised concern at the start of the meeting re: the very late receipt of the majority of the papers for this meeting, some 18 hours before the scheduled start time. Especially given important decisions to be made on the national conference 2021 and Branch resources review (BRR) although the latter was not discussed due to the meeting overrunning. 

Agenda item 1 revolved around cancelling 2021 National Delegates Conference (NDC) and replacing it with a “special” Conference on a remote as opposed as physical basis.

John Jones, NEC member for the Water, Environment & Transport (WET) Service Group raised concerns about WET Conference being proposed to be held on the Wednesday of the week before the special Conference. WET conference is usually held on a Sunday as the majority of WET Activists receive little or no facility time for such events.

The report was contentious and after two hours of discussion the following decisions were made.

That a virtual National Delegates Conference would take place – unanimous decision.

 

That the following was agreed: “The NEC identify priority themes and invite all branches and other submitting bodies of the union to submit motions on these themes. Motions would either be prioritised or incorporated into thematic composites that would be debated and voted on at conference. The SOC would be responsible for the prioritisation and compositing.” I voted against on the basis that it did not give sufficient consideration to allowing branches, regions, SOGs and service groups the opportunity to suggest what the themes should be. I also had concerns about how the SOC would handle prioritisation. The vote was 29 -19.

That the themes should be Branch Resource Review, the COVID pandemic and how we build back from it to create a fairer society. I opposed this on the basis that I felt we could accommodate more themes, that the Climate Emergency should be one of them and that branches, regions, SOGs and service groups should have the opportunity to contribute before the themes were determined.

That the NDC should take place over three days for no longer than three hours per day. I opposed this and instead supported a proposal from Karen Reissmann (which was only rejected with the chair’s deciding vote) to have an NDC for four hours over four days. The vote was 26 – 26.

That discussions would take place with service groups and SOGs about their conferences, and that Health Conference would be put back from April and a date agreed with the Health SGE. This was unanimous.

WET Service Group Conference (and Energy) to be held remotely but to be discussed with the Service Groups regarding the best way to hold either around the special Conference or later in the year.

New General Secretary, Christina McAnea was welcomed in her new role and gave her first General Secretary’s report in a rushed manner due to the meeting seriously overrunning. Christina focussed principally on our work on social care, the pay freeze and support for activists who were feeling the effects of working through the pandemic.

Delegates came in to congratulate her on her election and there was a positive response to her comments on support for activists, with a number of delegates bravely sharing just how difficult they had found the last twelve months. Critical comments were also made though about the perceived lack of intention to develop disputes, as well as Christina’s recent comments on BBC Women’s Hour about other unions and the invitation for Jeremy Hunt to share a platform with her at a recent social care event.

In her response, Christina thanked those who had shared difficult stories. Agreed that poorer countries as well as the UK should have equal access to vaccines, a subject the Prime Minister has been written to on by UNISON.

There remains a disproportionate effect on the Black community and on those who live in areas of social deprivation. Mental health support needs to be given to Activists who are in the front line of dealing with COVID.

Furthermore the reduced hours of UNISON Direct was criticised when they are currently likely to be most needed out of “normal” office hours.

Regarding finance, it was noted that subscription income as at 31/12/20 was £171.7m, £6.4m higher than in 2019.

Net income for the NEC is £120.2m, £4,2m ahead of budget.

Net operating expenditure is £113.1m which is £4.7m under budget thus the overall results are ahead of budget by £8.9m.

The net result is a surplus of £7.1m for the year compared to a budgeted deficit of £1.8m.

General reserves are increased by £7.1m to £173.3m supported by fixed assets and investments of £114.2m, cash of £56.8m and other net assets of £2.3m.

We were due to discuss motions to NDC, but as a result of the time taken on the previous discussions and the decision to pursue the agreed themes and timings, it was decided by the President to look at an additional meeting within the next three weeks to consider those matters.

Further reports were noted, with the exception of the Disciplinary Report, on which there were a number of questions. Questions were asked about Mental Health and wellbeing support to activists who had been suspended for very long periods by the union where the process of investigation had not started yet.

Personal report of UNISON Development and Organisation sub committee of UNISON NEC 13th January 2021

Concern was expressed regarding the late receipt of the papers for this subcommittee.

2 subcommittee members currently have COVID so we sent our best wishes.

Report on branches currently under regional supervision - questions on why a branch was brought into Regional supervision and in other cases of how long investigations were taking. 

Though recruitment activities had been impacted by COVID the overall recruitment figure was that 179,858 members had joined in 2020. 

An NEC member reported that in their branch an online branch meeting had been called the day before schools had been due to go back and 100 had attended. 5 new reps had been recruited. There had been a surge in membership.

There was a Branch Resources Review presentation. An NEC member asked how much of this could be shared currently or is there an alternative document to report back to Regional Council for example.

Under Learning and Organsising report:

1690 Activists attended other training last year with risk assessments, disability discrimination & campaigning with social media particularly popular.

The Open University (OU) and Worker’s Educational Association (WEA) as UNISON partners were able to adapt and deliver courses such as mental health & wellbeing and associated areas.

Almost 3000 members have now been allocated a skills academy account.

It was asked on anti-racism training the NEC took a view on this some months ago. Had we tried to set up anti racism courses. It was stated we had Hope not hate training. 

Improvements continue to be made to the RMS system under the banner of the “Merlin” company.

The next step is to modify existing weekly leaver reports.

Report on Young Workers month, research mapping and survey - UNISON’s  Young Worker’s month in November 2020 arranged a variety of activities including a survey, Health & Safety updates and an event centred around what they need post COVID. An NEC member stated that young members as well as workplace campaigns could be engaged with Black Lives Matter or environmental campaigns. An NEC member stated that the Young members officer - a lot of branches act like this is the only role available.

We noted the latest GDPR report which had a total in 2020 of 175 subject access requests (SARS).

2 Draft D&O motions for 2021 National Delegate Conference were agreed.

Rule amendments were approved for forwarding to full NEC, changing language in the existing rule book to non-gender specific in place of the current he/she, him/her etc. North West NEC members were happy to support this.

An Honorary life membership was agreed.

Personal report of Development & Organisation sub committee of UNISON NEC 7th December 2020 and UNISON National Executive Council 10th December 2020

There was a special 1 item agenda D&O subcommittee of the NEC (7th December 2020) which went through in detail the procedures for the NEC elections of 2021-2023 which were subsequently ratified by the 10th December 2020 NEC meeting.

D&O:

I took the view that the procedures from both the last NEC and SGE elections were too restrictive on campaigning and did not encourage greater member participation. I raised on D&O that there was a difference with the General Secretary election 2020 where candidates could online submit their candidacy and this was then communicated to the wider union. With these procedures a candidate could receive dozens of nominations but then be told they were not eligible at the end of the nomination period. Branches with members in more than one service group can nominate for all service groups in which they have members. Only members of that Service Group can decide on the nomination and should be consulted. This should then be ratified by the Branch. If not no nomination is made. There was some discussion around accessibility and using only online means for submitting candidate details and branch nominations. A Hybrid system was proposed so that branches used the online portal only but candidates could use an email system or the portal. It was stated this would be a problem and add to the timetable. A vote was taken 9 to 7 to just use the online portal. I was one of the 7.  It was noted that the nomination period was longer than the voting period. 

NEC

The above election procedures were approved after discussion again covering some of the points above. The vote was 27 for, 9 against, 6 abstaining. I abstained as bound by collective responsibility as a member of D&O.

Subscription income was budgeted at £166.5m for 2021, 3.5m up on this year’s.

Branch funding and allocation is forecast to be £50.2 m, up from this year’s by 3.2m.

A cautionary note that due to the pandemic, results and forecasts are likely to alter.

A brief written branch resources review progress was received with full details being given to the subcommittees in January with a view to the next full NEC receiving the final draft together with a hoped for motion to 2021 Conference.

A detailed UNISON response to the Government’s ridiculous and disgraceful public sector pay freeze was received - John Jones, Water, Environment and Transport NEC member raised that the Combined Authorities and Environment Agency wouldn’t be forgotten in a joint Service Group approach of opposition.

Dave Prentis’s final General Secretary’s report covered many issues including unsurprisingly the pandemic and Brexit. It was stated members were exhausted, were worrying about their health and the economic disaster after COVID. It was in the DNA of the Tory party to attack the public sector. Work would be co-ordinated through the Service Group Liaison committee of UNISON and the TUC in opposition to the pay freeze - at some point this may lead to lawful Industrial Action. All unions were saying we needed to build up a campaign. An NEC member said we should demand more from the Labour leadership. There was also the attacks on the Local Government pension scheme and the exit cap for public service workers.

Concern was once again rightly raised about the intention to close the Union Learning Fund before next Easter.

Encouragingly, UNISON now has some 66000 Young Members in membership.

We needed to raise the profile on climate change again as we run into COP26 (Annual UN Climate conference) in November 2021 in Glasgow.

Solidarity messages were agreed to a number of disputes: Addaction in Wigan, Heartlands Porters in Birmingham, Interserve in Carlisle, Sandwell, Woodchurch school on the Wirral, Salford Coucil ICT.

For those that have visited the London UNISON Centre, the 9^th floor conference room is to be named after Dave Prentis in recognition of his contribution to the union over 47 years. This was 1 of several tributes paid during the meeting.

A very relevant point was made by a fellow NEC member regarding the continuing promotion in UNISON publications of online gambling.