Staff representation in the MPA

Report: 18
Date: 6 September 2001
By: Clerk

Summary

At present, there are no formal staff representative arrangements in the MPA, although those staff that transferred to the Authority from the Metropolitan Police Service (MPS) retains their rights to trade union membership. Whilst any member of staff has a right to belong to a trade union of his or her choice it would be sensible for there to be one locus for discussions between senior management and staff, either a trade union or a staff association.

A. Recommendations

That:

1. the Human Resources Committee (HRC) either a) recognise the Public and Commercial Services (PCS) union for staff representative purposes in the MPA; or b) supports a staff association for staff representative purposes in the MPA secretariat;
2. a consultation exercise is set up with current, permanent MPA secretariat staff on this issue; and
3. a further paper is submitted to the full Authority to endorse the decision of the HRC

B. Supporting information

1. Amongst the basic assumptions in any employment relationship is that good communications and consultation involve everyone in an organisation. However, to be effective, they need to be well organised and to take place in a systematic way. In terms of consultation, this must mean taking account of, as well as listening to, the views of employees.

2. There are essentially two methods of consultation, namely formal trade union recognition or meetings with individual members or groups of staff who will normally have been elected or appointed by their peers. In the latter case, employee representatives may be elected on a constituency basis.

3. Part 1 of Schedule A1 of the Trade Union and Labour Relations (Consolidation) Act 1992, as inserted by Section 1 of the Employment Relations Act 1999, provides that an independent trade union may seek recognition and collective bargaining rights on behalf of a group of employees with any employer who has more than 21 staff. A recognised trade union acquires various rights including the right to be consulted on pay, hours and holidays, and such other issues as are agreed between senior management and the trade union.

4. Ultimately, if a union can show at least 40% support from the workforce and a majority of those voting in any ballot on the issue, recognition may be granted. A ballot may be avoided if the majority of workers are members of the union and there is no industrial relations or other reason why recognition should not be awarded automatically. With sufficient support an independent trade union that cannot agree terms for its recognition can obtain an order from the Central Arbitration Committee that it be recognised.

5. It is apparent that the majority of staff permanently employed by the MPA who are trade union Members in the Internal Audit Directorate or Secretariat, are members of the Public and Commercial Services (PCS) union. There are other trade unions that could be recognised including, for example, UNISON. However, there are currently no permanent staff who are members of UNISON.

6. The PCS represent mainly office-based grades and traffic wardens in the MPS and is one of four recognised trade unions. Of the other unions, the Association of First Division Civil Servants (FDA) represents senior staff at Grade 7 and above, the Institution of Professionals, Managers and Specialists (IPMS) represents predominantly specialist and technical grades and the Amalgamated Engineering and Electrical Union (AEEU) represents mainly industrial grades. Trade union recognition was preserved for Internal Audit Directorate and MPA secretariat staff who were transferred under the provisions of the Transfer of Undertakings (Protection of Employment) Regulations 1981 (TUPE) from the direction and control of the Commissioner to the direction and control of either the Clerk or the Treasurer on 3 July 2000. In other words, these MPA staff continue to be represented by PCS and the other recognised unions. PCS is currently in discussions with MPA senior management about the pay review of the Internal Audit Directorate.

7. PCS are seeking trade union recognition within the MPA (see Appendix 1). The employer is obliged to respond to the formal request within 10 days either:

1. accepting recognition; or
2. rejecting the request but indicating its willingness to negotiate with the union

A response was sent and a copy is attached at Appendix 2.

9. Where the employer agrees to negotiate with the union, the parties have a further 20 days from the end of the initial 10 days, or whatever longer period is agreed, to reach an agreement as to recognition. Both PCS and the MPA have recognised that the Human Resources Committee are discussing staff representation and that a longer period has therefore been agreed. Where an employer rejects the union’s request or refuses to negotiate, the union may make an immediate application to the Central Arbitration Committee (CAC). An application to the CAC can also be made if no agreement is reached during a period of negotiations under the procedure. This will trigger a process leading to a staff ballot.

10. There is no reason why current, permanent MPA secretariat staff cannot be consulted about their views on this issue. Subject to members` views, and it will be helpful to feed in the outcome of discussions at this meeting, the next step is to set up a consultation exercise with MPA secretariat staff. PCS will wish to be part of that exercise.

11. The MPA is a very small organisation with 80 staff. If trade union recognition is to be pursued it might be sensible to restrict recognition to one union for the purposes of consultation and negotiation. From discussions with, both individually and collectively, it apparent that some may wish to remain with their present trade union, which they are legally entitled to do, and there is no reason that in terms of individual representation, e.g. if facing a disciplinary action, that this should not be accommodated.

12. If a staff association were to be the preferred method of consultation, it would be necessary to arrange for individuals to be elected or appointed by their peers. This may involve some form of constituency basis, e.g. a specified number from the Internal Audit Directorate and a specified number from the Secretariat. In either event, there would need to be some formal agreement on issues to be discussed or negotiated. Under such an arrangement, staff would not have access to the level or resources or representation of a national union. It would, as already indicated, be open to challenge under current legislation.

13. Now that the Secretariat has its full complement of permanent staff, it is appropriate to move to consult on this issue. Subject to Members’ views, and it will be helpful to feed in the outcome of the discussion at this meeting, the next step is to set up a consultation exercise with the Secretariat and Internal Audit staff. The Trade Unions will want to contribute to that consultation exercise.

C. Financial implications

There are no direct financial implications.

D. Background papers

None.

E. Contact details

The author of this report is Alan Johnson.

For information contact:

MPA general: 020 7202 0202
Media enquiries: 020 7202 0217/18

Appendix 1

Alan Johnson
Human Resources
MPA
Romney House
43 Marsham Street
LONDON
SW1P 3PY

26 July 2001
Reference;

Dear Alan

PCS recognition in the MPA

I am writing following our recent meeting to discuss trade union representation for staff working for the MPA.

As you are probably aware, the Public and Commercial Services union (PCS) is the biggest recognised trade union for civil staff working for the Metropolitan Police Service. The PCS currently represents over 4,000 staff across a broad spectrum of grades ranging from Traffic Wardens to Welfare Officers, with the bulk of members in administrative, secretarial and management grades. The PCS has always enjoyed a constructive relationship with the MPS and, along with the other recognised trade unions, recently signed a new Partnership Agreement which will help to further develop positive employee relations in the MPS.

At present, a significant number of staff working for the MPA are secondees from the MPS many of whom are PCS members. However, there are also staff newly recruited by the MPA for whom there is presently no recognised union within the MP A

Given the large number of secondees who arc already represented by PCS and the close organisational links between the MPS and MPA, PCS are links to discuss the question of a formal recognition agreement between the MPA and the PCS giving the PCS union recognition rights for MPA employees.

PCS firmly believes union representation in the workplace has a positive impact on employee relations and believes a formal recognition agreement between the MPA and PCS would prove beneficial for all parties concerned.

I understand you will be bringing this matter forward to the next MPA Human Resources Committee meeting.

I look forward to your reply.

Yours sincerely

NICK RADIVEN
Negotiations Officer

Appendix 2

Mr N Radiven-Howe
Negotiations Officer
PCS
160 Falcon Road
London SW11 2LN

2 August 2001

Dear Mr Radiven

PCS recognition in the MPA

Thank you for your letter of 26 July on this subject.

As you are aware, this matter will be discussed at the next Human Resources Committee on 6 September and I will be in touch after that date.

Yours sincerely

Alan Johnson
Head of Human Resources and Professional Standards

Send an e-mail linking to this page

Feedback