Employers’ Secretary, Sarah MessengerLocal Government House, Smith Square, London, SW1P 3HZ Telephone 020 7187 7335 e-mail: [email protected]
Employees’ Secretary, Matt Wrack Bradley House, 68 Coombe RdKingston upon Thames KT2 7AE Telephone 020 8541 1765
|
NATIONAL JOINT COUNCIL FOR LOCAL AUTHORITY FIRE AND RESCUE SERVICES |
________________________________________________________________
To: Chief Fire Officers
Chief Executives/Clerks to Fire Authorities
Chairs of Fire Authorities
Directors of Human Resources at Fire Authorities
Members of the National Joint Council
________________________________________________________________
29 September 2011
CIRCULAR NJC/6/11
Dear Sir/Madam
RESOLUTION ADVISORY PANEL (London, November 2010)
1. Section 6, Part C, paragraphs 1-14 of the Scheme of Conditions of Service (Grey Book) outlines the local negotiation procedure.
2. Where local agreement cannot be reached between the fire and rescue authority and the recognised trade union the difference can be referred to the NJC’s Resolution Advisory Panel (RAP) whose role is to assist parties unable to reach agreement at local level by endeavouring to facilitate an agreement or, where that is not possible, to make recommendations.
3. Professor William Brown, who is assisted by the Joint Secretaries, currently chairs the panel.
4. The RAP met on 16th November 2010 to consider a referral from London Fire Brigade.
5. For information, a copy of the recommendation, which is applicable only to London Fire Brigade, is attached.
Yours faithfully
SARAH MESSENGER
MATT WRACK
Joint Secretaries
NJC for Local Authority Fire and Rescue Services
National Joint Council For Local Authority Fire and Rescue Services
Resolution Advisory Panel
London Fire Brigade (LFB) and London Region Fire Brigades Union (LFBU)
RAP Meeting on 16th November 2010
Issues:
i) Working Patterns for Operational Staff, and ii) Proposal to Move Uniformed Non-Operational Staff to Fire and Rescue Staff (FRS) Terms and Conditions
LFB Management Representatives LFBU Representatives
James Dalgleish Ian Leahair
David Brown Gordon Fielden
David Atkinson Joe MacVeigh
Dan Daly Paul Embery
Dominic Johnson Ben Sprung
The Resolution Advisory Panel consisted of William Brown (Chair), Gill Gittins and Andy Dark. After discussions over the course of ten hours, the parties were unable to resolve the issues and it was agreed that, according to the procedure, the Independent Chair should make a recommendation for resolving the matters.
i) Working Patterns for Operational Staff
The London Fire Brigade operates on a 2 days; 2 nights; 4 rota days shift system with a day shift of 9 hours, 09.00hrs - 18.00 hrs. The night shift is 15 hours, 18.00hrs – 09.00hrs. The Brigade proposed to amend this, within the same shift pattern, to two 12 hour shifts, 08.00hrs – 20.00hrs, and 20.00hrs – 08.00hrs. It argued that there would be scope for substantial productivity gains, with the proposed shift hours better meeting operational needs. The FBU was opposed to this change. Its principal arguments concerned the social and domestic disruption that so substantial a change in working hours would bring to operational staff lives. After informal discussions and negotiations over an extensive period, in the course of which alternative shift arrangements and other allied terms and conditions and productivity enhancing practices were evaluated and discussed, there was a failure to agree.
Recommendation
The London Fire Brigade has been clear that it needs to achieve increased productivity. In my view there are two options that give that increased productivity.
1) Within the 2; 2; 4 shift pattern, the day shift should be 11 hrs and the night shift should be 13 hrs, with start times of 09.00 and 20.00 respectively. In addition the following sections set out in the authority’s draft proposals of 22 October 2010 should apply:
- allowances
- brigade medical appointments
- buying back of leave
- partial mutual exchange of duty and flexible relief from duty
- off duty personnel staying at stations
Alternatively:
2) Within the 2; 2; 4 shift pattern, the day shift should be 10.5 hrs and the night shift should be 13.5 hrs, with start times of 09.30 and 20.00 respectively. In addition, the position set out in the authority’s draft proposals of 22 October 2010 in respect of Direct Standbys should apply, modified in respect of distance to 7.5 miles.
Accordingly, I believe that there is a case for contractual change. But because it is a contractual change I further believe that in this instance employees should be consulted by the union through a robust mechanism on which of the two options is the most preferable.
ii) Proposal to Move Uniformed Non-Operational Staff to Fire and Rescue Staff (FRS) Terms and Conditions
A small number of uniformed ‘non-operational’ staff are currently covered by the NJC for Local Authority Fire and Rescue Services although their roles are not specified within the Grey Book or the IPDS role maps. Some of these are members of the FBU. The Brigade wishes them to convert to standard non-uniform, Fire and Rescue Staff terms and conditions, which would place them outside the Grey Book. FRS staff have their terms and conditions negotiated by GMB and Unison on the Joint Committee for Support Staff (JCSS). The FBU is not opposed to the conversion in principle but has requested a seat on the JCSS. The Brigade has offered the FBU individual representational rights but not collective bargaining rights through a seat on the JCSS on the grounds that FBU have only a diminishing 3% membership among FRS/non-operational staff.
Recommendation
The FBU should not be given a seat on the JCSS.
A period of three years pay protection should apply to employees in this group whose salaries would otherwise be adversely affected by the transfer.
Professor William Brown
Independent Chair RAP
22nd November 2010
