Section 4: FBU Sectional Structure

The structure of the FBU’s democracy is founded on the organisation and representation of members at their place of work, uniting them in workplace branches in pursuit of common aims. The collective strength of workplace branches is then further advanced through the organisation of branches into divisional, brigade, regional and national boundaries. It is this workplace-based structure that provides the FBU’s strength in unity and is the basis upon which the resolve of individual members is translated into collective bargaining and industrial action. Rule 6(1) - Constitution and Government of the Union refers.

It is vital that the workplace branch remains intact. Workplace organisation and representation has been the cornerstone of the FBU since its inception and continues to be the foundation of our democracy and effectiveness. In addition, for many years ‘trade sections’ for Officer and Control Staff members sat alongside the Union’s workplace structure to supplement the Union’s understanding of the specific roles and conditions of service of officers and control staff members.

The Union subsequently recognised that these long established structures left some gaps and so more than a decade ago we began in earnest to develop our sectional representation for under-represented groups and other special categories of members. Our aim was to enhance our workplace structure, to provide a network of support and to ensure the issues affecting under-represented groups and other categories of members are properly considered and effectively dealt with by the Union. On occasions there has been and continues to be, some contention regarding the extent of the role and the practical application of the democratic representation provided by our sectional committees.

However, our Rule Book is clear. Rule 6(3) and Rule 22 set out the specific areas of reference for which our sectional committees are constituted to share responsibility. These are broadly:

• To assist the Executive Council in developing Fairness at Work strategies
• To advise the Executive Council on matters affecting the conditions of employment of the particular group of members
• To advise the Executive Council on the organisation and recruitment of the particular group of members
• To elect (subject to approval) members to serve on national negotiating bodies concerned with the conditions of employment of the particular group of members
• (Together with the Executive Council) to organise an annual general meeting.

The Rule Book constitution and responsibilities for our six Sectional Committees are identical and they face similar organisational issues but the Executive Council considers there are obvious differences in the supportive and representative needs of members within our three Trade Sections and our three equality sections. 4.1 Trade Sections An important part of the FBU structure are those sections that are specific to the trades within the Fire and Rescue Service. Emergency Fire Control Staff, Officers and those employed on the Retained Duty System (RDS). Trade Sections for officer members and control staff were the first to be established within the FBU.

The creation of a Trade Section for our retained members has proved both timely and invaluable in progressing our successful legal challenge and the resultant negotiations. The structure has assisted in our work to ensure conditions of service for members working the RDS are no less favourable than those for other uniformed members working full time duty systems. The distinct nature of the conditions of service and pensions for our retained members look set to be an area of work for the Union at national and local levels for some time to come. Our Officer and Control Staff members are also facing significant challenges to their conditions of service in their specific roles.

For some time now our ‘Trade Sections’ have been represented, with full voting rights, at all committees of the FBU. The Executive Council are of the belief that the unique challenges that face our Trade Section members, particularly in terms of Fire Service reorganisation and attacks on conditions of service, remain in sharp focus today and will do so for the foreseeable future. It is clear that in order to best represent these members, who may have different working environments, working patterns and pension schemes, then our structures must continue to provide our Trade Sections with representation and full voting rights up to Executive Council level. It is also evident that our Trade Section structure is facing particular organisational challenges and the national sectional committees often struggle to organise as effectively as desired due to geographical and time factors.

Also, membership density within our Trade Sections is lower than in the main body of the Union and this presents both challenges and recruitment opportunities for the Union. 4.1.1 Recommendations on Trade Sections It is recommended that a task and finish group be established by the Executive Council, including at least one member from each trade section, to examine the industrial issues that the Trade Sections specifically face and the organisational structures and practices best able to respond to them. The task and finish group to report back to the Executive Council in time for a report or policy statement to be put to Conference 2013 with recommendations as appropriate. 4.2 Equality Sections Our Equality Sections have formed a valuable part of the Union’s structure for more than ten years.

They have ensured that equality and diversity issues have been at the heart of discussion and decision making throughout that time.

• They have also:provided an invaluable support and advice network for members from under- represented groups experiencing, prejudice, bullying, harassment and discrimination
• worked to raise awareness of the issues and experiences of our section members within the fire and rescue service, within the wider union structures and with FBU officials and members
• encouraged members from our under-represented groups to engage and play an active part in the FBU and the wider labour and trade union movement.

Our Equality Sections have helped the Union lead the way in ensuring the workforce within the Fire and Rescue Service better reflects the communities we serve.

They have helped to ensure that our workplaces, in general, are far more welcoming to workers from under-represented groups than they were in the past and more comfortable places to work for all our members. Nevertheless, after more than a decade, it is appropriate to examine the role and consider amending the structures for our equality sections in the context of the challenges we face today. 4.2.1 Workplace Organisation: The Basis Of FBU Democracy

Any examination of the Union’s equality structures needs to take account of the Union’s workplace structure. This is set out in Rule 6 and is stated to be the foundation of the Union’s democratic structure. The FBU system of workplace Branches give all members an equal role to play in determining policy on industrial, political and other matters. N.B. It has never been the intention that equality structures should by-pass or replace the workplace Branch and Brigade Committee structure. It was never the intention that the equality structures should be a mechanism for discussing or determining industrial, political or other matters which affect all members.

The role of the equality structures under the Union’s Rules is very specific as outlined in Section 4 above. 4.2.2 The Current Structures There are three equality strands which are currently addressed by the Unions equality structures: ● Black and Ethnic Minority Members ● Women Members ● Lesbian, Gay, Bi-sexual and Trans Members.

Among other things these structures provide for:

• A reserved seat on the Union’s Executive Council
• A National Committee
• Reserved seats, where appropriate, on Brigade Committees
• Reserved seats on Regional Committees
• An Annual Sectional school
• An Annual General Meeting

 4.2.3 The Arrangements In Other Unions As part of the examination of the equality structures consideration was given to the position in other Unions. A recent survey of 38 Trade Unions proved useful in this regard. The 38 Unions surveyed represent 99% of TUC membership. The approach to tackling equality and diversity issues varies greatly. Clearly there may be lessons to be learned from colleagues in other Unions who in many cases have very successful equality structures which differ from those adopted within the FBU.

Clearly the issue of reserved seats on executives or Regional Committees has proved controversial, raising as it does the issue of ‘multiple voting’.

A member of any of our Equality Sections is clearly a member of a Branch like any other member but has an additional form of representation through the equality structures.

• Only three of the 38 Unions had reserved seats on national executives for each of the three equality strands covered within FBU structures and the FBU is the smallest of these
• Only 8 Unions in total had any reserved seats on national executives for any of the three equality strands identified under FBU structures.

Other Unions have various mechanisms similar to those in operation within the FBU such as equality networks or forums where equality and diversity issues can be identified and discussed and advice given to the national body (executive) of the Union. This clearly avoids the concern about multiple voting or representation but nevertheless allows the specific concerns of particular group of members to be identified, discussed and addressed. Some of the experiences of other Unions could assist in developing a structure for the future for the FBU.

4.2.4 Key Issues Arising From The Current Equality Structure The key difficulties identified in relation to the equality structures fall into the following categories:

• Any system of reserved seats and additional voting has the potential to distort democratic structures
• The equality structures do not necessarily function according to the model in the Rule Book
• There has been a ‘mission creep’.

Structures which were established under Rule to advise the Executive Council on specific equality matters have been increasingly drawn into debates and votes on wider industrial and political matters.

These difficulties are examined in more detail below; A. The impact of reserved seats:

1. Reserved seats are, by definition, a departure from ‘normal’ democratic practice in the FBU which is based upon workplace organisation and workplace branches representing all members equally in the appropriate workplace.

2. While all forms of representative democracy have flaws and weaknesses, such structures of reserved seats, for example, increase the likelihood that a minority can outvote a majority.

3. This problem is exacerbated in a small/medium sized Union like the FBU.

For example, 31% of places (and therefore votes) on the Executive Council are now additional or reserved votes. At Regional Committee level, the six reserve seats form an even greater proportion of the committee and in some regional committees can out-vote the Brigade delegates. 4. Reserved seats inevitably mean that officials from the equality sections become part of wider industrial and political debate despite the fact that the Rules are clear that this is not their role. B. The structures do not necessarily function as outlined in the Rule Book: 1. There are frequent gaps in representation at Brigade and Regional level. This means that the Union’s National Committees are rarely representative of the views and issues from all Regions.

In reality, therefore, they do not currently function as genuinely representative, National Committees. 2. This in turn weakens the accountability of the equality section Executive Council members. 3. In other cases, equality representatives are appointed by Regional Committees. This means that appointees on Regional Committees have the same status and voting rights as officials elected by ballot of hundreds (and sometimes thousands) of members. C. ‘Mission creep’: 1. The roles of the Equality Sections are set out in the Rule Book. They were an additional facility intended to enhance the workplace structure in an advisory capacity on issues affecting their under-represented groups of members.

They were never intended to compete within or to be an alternative to the workplace Branch structure, Brigade Committee or Regional Committee structure. 2. The place to discuss industrial matters is firstly at the workplace Branch. Equality structures were not created for the purpose of affording members of equality structures to have an additional voice or vote on matters which affect all members. However, that has been the outcome and subsequent practice of the structures which have been created.

4.2.5 Recommendations on Equality Sections

1. Equality Section representatives shall continue to attend Brigade and Regional Committees. However, their role is advisory and they should not have any voting rights at Brigade and Regional Committees. Regional representatives shall continue to have voting rights in accordance with Rule 22 at their respective National Sectional Committee.

2. Furthermore, no other representative or official appointed to Regional or Brigade committees in an advisory role shall have voting rights on the committee and the Union Rules shall be amended to make this clear. This will mean that Equality Sections representatives will have equal status with other appointed officials at Regional and Brigade Committees. The Executive Council believes this will not prevent our three Equality Sections from continuing to provide their invaluable support and advice network for their section members and for officials at all levels of the Union.

3. The Executive Council should in consultation with the Equality Sections produce guidance to clarify the roles of the Equality Sections.

4. The reserved seats on the Executive Council for Women Members, B&EMM and for LGBT Members should be removed and the Rules amended as necessary to achieve this. The Executive Council will manage the timeframe and manner in which this will take effect in the best interests of the Union.

5. The Executive Council should further consider the operation and functioning of our equality structures and should report to Conference 2013 with further recommendations and Rule changes as appropriate.

6. The Executive Council must ensure that the equality structures continue to operate and should discuss with Regions and with National Sectional Committees the shortfalls and gaps which currently exist. At Brigade and Regional level this could include encouraging Fairness at Work reps to work with national sectional officials to recruit equality section reps, assist them to organise and coordinate their sections within their territory and then representing the matters raised by all three Equality Sections at their Brigade/Regional Committees on their behalf.

7. The Executive Council must ensure that the National Sectional Committees continue to meet and provide advice and recommendations to the Executive Council on the issues identified under the Union’s Rules - this to be coordinated via the General Secretary and the appropriate National Officers. The Executive Council believe the recommendations above will provide equality section structures within the FBU that can continue to:

• provide an invaluable support and advice network for members from under- represented groups experiencing, prejudice, bullying, harassment and discrimination
•  raise awareness of the issues and experiences of our section members within the fire and rescue service, within the main union structures and with FBU officials and members
• encourage members from our under-represented groups to engage and play an active part in the FBU and the wider labour and trade union movement.

The Executive Council once again thanks all those who have participated in the discussion around these challenging issues and this difficult process. The Executive Council recommends endorsement of this Report with immediate effect and will bring the necessary Rule changes and alterations to Conference Standing Orders at its earliest opportunity.