The latest Manchester "One Per Desk" newsletter is available here.
The company’s failure to honour the promises it made in 2010 to UNITE and to staff across the UK in relation to pensions is one of the major issues behind the dispute in Manchester.
UNITE and PCS have jointly launched a petition calling on Fujitsu to honour its promises in relation to the FJUK pension plan.
The failure to keep these promises is reducing the security of future pension provision for all FJUK members. Please sign the petition, ask your workmates to sign it too, and send it in as soon as possible.
On Monday UNITE will be holding further talks with Fujitsu in an attempt to resolve the disputes. The dispute is easy to resolve – if Fujitsu will honour its agreements and stop picking on reps.
Unless the talks are successful, Fujitsu Services Limited employees in scope of the Manchester Recognition Agreement will be taking a further day’s strike action on Tuesday 4th October.
Whether or not you are in scope of the strike, please do what you can to support the campaign. If you aren’t too far away, could you take the day off and join in some of the activities? The plans are as follows:
Picketing:
Protest:
Assemble 12:00, rally 12:10
Barbirolli Square, Manchester M2 3GX (near the big pebble outside the Bridgewater Hall, off Lower Mosley Street). Map.
This protest is just opposite where Duncan Tait (Fujitsu UK & Ireland’s Chief Executive Officer) is due to speak at a fringe meeting at the Tory conference at 12:30
Please join the UNITE delegation on the TUC “March for the Alternative” at the Tory conference in Manchester on Sunday:
Assemble 12 noon, Sunday 2nd October
Liverpool Road (off Deansgate), Manchester City Centre
March route map here
UNITE is providing transport from around the country to the march.
The plan is to march as a visible Fujitsu group and to distribute leaflets about our campaign to the demonstrators. Please let your reps know if you are able to take part in the demonstration, to make it easier to meet up. We will aim to meet before 12 noon near the junction of Liverpool Road and Duke Street (near The Ox pub and the Museum of Science and Industry, map). If you can’t find the group, you can call Ian Allinson, Lynne Hodge or Phil Tepper.
After the speeches finish at the TUC rally, the Right to Work campaign is holding a rally at which we will have a UNITE Fujitsu speaker and be able to distribute leaflets for our campaign:
Doors open 3.30pm
Mechanics Institute, 103 Princess St, Manchester M1 6DD (entrance on Major Street)
Other speakers include Mark Serwotka (PCS general secretary) and Tony Kearns (CWU senior deputy general secretary)
UNITE took the disputes with Fujitsu over the victimisation of Alan Jenney and the breaches of agreements to the Labour Party conference earlier this week, where Fujitsu had a stand, receptions and fringe meetings. You can read the leaflet UNITE was distributing to conference attendees.
Since Wednesday evening, members in constituencies with Conservative MPs have begun to contact them to raise the question of the dispute in advance of their conference next week.
Pay Shortfalls
In the update on 16th September UNITE reported that Fujitsu would not meet the agreed timescale of addressing the payment shortfalls by 23rd September.
There have also been significant delays in HR providing the agreed information to allow UNITE to monitor the implementation of the agreement. Reps are working with the company to try to carry out the monitoring as soon as possible.
The agreement requires you to submit any query about your pay review in writing within two months of being notified, otherwise you will generally lose the right to any additional pay increase. Given the delays in providing the monitoring information, UNITE asked the company to extend this deadline. Regrettably the company has refused to do this.
UNITE is therefore advising all employees in the Manchester bargaining unit that in order to avoid the risk of losing out on pay, you should submit a query to HR Direct, copying UNITE even if you think your rise is correct. You should do this no later than two months after the date you received your pay review letter. This deadline should be no earlier than 16th October, but please submit your query as soon as possible. Example query:
I understand that there are shortfalls in the pay rises the company implemented on 1st August 2011 and that the Manchester Pay And Benefits Agreement says “If, due to any miscalculation, the company has spent less than agreed on any of the elements of the pay review (cost of living, matrices, discretion), the Company will discuss this with Unite and agree how to spend the remaining money on employees”.
In accordance with section 16 of the Manchester Pay And Benefits Agreement I am registering a query now to ensure I do not lose my right to any additional money when pay rises are corrected.
UNITE had hoped to avoid the necessity to issue this advice, but would not be acting in the interests of employees if we failed to alert you to the risk of losing out on a pay rise due to the company’s unwillingness to extend the deadline.
Pensions
Pensions are a very important part of the pay and benefits you earn, typically worth an additional 6-20% on top of your salary.
Fujitsu is failing to honour two key commitments it made to employees in 2010 in relation to pensions. These relate to the contractual status of pensions and how the company will consult employees about the main FJUK pension plan. The failure to honour these promises threatens the future security of our pensions.
UNITE and PCS have jointly launched a petition calling on the company to honour its pension commitments. Please sign it, pass it round your workmates and return it as soon as possible.
Having moved employees into a Defined Contribution scheme, the Company has no financial stake in the scheme once the contributions have been paid – the money is yours and you bear all the risk. This makes it particularly unfair that the Company gets to choose most of the FJUK trustees, that members have no say in the selection of any of the trustees, and there is no mechanism in place to consult us about the plan.
Industrial Action
The dispute over the company’s breaches of agreements and victimisation of reps is not yet resolved. UNITE has called a one-day strike on Tuesday 4th October 2011 affecting all employees who are in scope of the Manchester Recognition Agreement. You can strike whether you are a UNITE member or not (as even the company’s FAQ confirms). Everyone who takes part is standing up for fair treatment for employees.
Plans for the strike day have been posted online, and include a lunchtime protest in central Manchester to coincide with when Fujitsu UK & Ireland CEO Duncan Tait is due to be speaking at a fringe meeting at the Conservative Party conference.
UNITE and Fujitsu are holding further talks on Monday in a further attempt to resolve the dispute. If sufficient progress is made to allow Tuesday’s action to be called off, a further email will be sent by UNITE and updates will be posted on www.ourunion.org.uk/news.
If you aren’t yet a member it would be good to join now. Membership means you receive more information, you take part in UNITE’s democratic decision making over the dispute, and you receive financial support from the union.
In addition to the strike, the Action Short Of Strike continues. UNITE has published a guide. Please make it as effective as possible so that fewer strikes are required to bring the dispute to a conclusion.
UNITE has published a Q&A about industrial action. If you have questions or concerns which aren’t covered, please speak to one of your UNITE reps.
UNITE previously circulated a report on the new rights for agency workers (e.g. Kelly’s) that are due to come into force tomorrow (1st October). Poor treatment for agency workers undermines terms and conditions for permanent staff. UNITE stands for “levelling up” standards.
There is now a TUC guide to the new regulations.
Fujitsu staff say unfair pay and benefits is their top issue. Colleagues at other IT Services companies report similar problems. UNITE’s campaign for fair and transparent pay and benefits across the IT Services sector aims to tackle this.
A key element of the campaign has been to collect evidence from employees about their own experiences, so UNITE has set up pay surveys for major companies in the sector.
Over 600 Fujitsu staff have already completed the survey. If you haven’t yet, you can do so here. The survey is open to members and non-members, so why not see who else you can get to complete it?
You can also use the back of our August newsletter as a poster to advertise the survey and the “unITe Fair Pay Charter”.
Don’t forget the meeting on Monday:
Monday 3rd October, 12:30pm STE04 Room 108 Guest Speaker – Richard Gates, Unite Regional OfficerAgenda
Richard Gates our regional officer will be at the meeting to explain the structure of Unite and give more details on the proposed branch reorganisation. Please do make every effort to attend.
Unite and PCS are jointly launching a petition calling on Fujitsu to keep its promises in relation to pensions.
Following the notice of industrial action for the Manchester strike on Tuesday 4th October, more arrangements are now being made for the next few days of campaigning. At the same time, UNITE continues its efforts to negotiate a settlement to the dispute, with further talks scheduled for Monday.
Friday 30th September
Don’t forget the lunchtime “dispute committee” meeting which is open to all UNITE members:
12:30-13:30, Friday 30th September
33GCR2
All members are welcome. Come along to hear updates on negotiations and developments in the campaign and to organise campaign activities up to and including Tuesday’s strike. Feel free to bring your lunch.
Sunday 2nd October
Please join the UNITE delegation on the TUC “March for the Alternative” at the Tory conference in Manchester on Sunday:
Assemble 12 noon, Sunday 2nd October
Liverpool Road (off Deansgate), Manchester City Centre
March route map here
The plan is to march as a visible Fujitsu group and to distribute leaflets about our campaign to the demonstrators. Please let your reps know if you are able to take part in the demonstration, to make it easier to meet up. We will aim to meet before 12 noon near the junction of Liverpool Road and Duke Street (near The Ox pub and the Museum of Science and Industry, map). If you can’t find the group, you can phone reps Ian Allinson, Lynne Hodge or Phil Tepper.
After the speeches finish at the TUC rally, the Right to Work campaign is holding a rally at which we will have a UNITE Fujitsu speaker and be able to distribute leaflets for our campaign:
Doors open 3.30pm
Mechanics Institute, 103 Princess St, Manchester M1 6DD (entrance on Major Street)
Other speakers include Mark Serwotka (PCS general secretary) and Tony Kearns (CWU senior deputy general secretary)
Tuesday 4th October STRIKE DAY
Questions? See UNITE’s Q&A on industrial action.
Picketing:
Protest:
Assemble 12:00, rally 12:10
Barbirolli Square, Manchester M2 3GX (near the big pebble outside the Bridgewater Hall, off Lower Mosley Street). Map.
This protest is just opposite where Duncan Tait (Fujitsu UK & Ireland’s Chief Executive Officer) is due to speak at a fringe meeting at the Tory conference at 12:30.
All members are urged to attend to ensure we send the strongest message possible that Fujitsu should resolve the dispute by honouring its agreements and stopping picking on reps.
Campaigning:
Look out for details of other campaigning activities which are being planned for the afternoon.
Monday 3rd October, 12:30pm STE04 Room 108
Guest Speaker – Richard Gates, Unite Regional Officer
Agenda
Richard Gates our regional officer will be at the meeting to explain the structure of Unite and give more details on the proposed branch reorganisation. Please do make every effort to attend.
Fujitsu had a stall, receptions and fringe meetings at the Labour Party conference in Liverpool this week.
With the company still unwilling to resolve the dispute, Unite took the campaign to the conference.
This is the leaflet Unite was distributing to delegates.
Following the failure of talks to produce a resolution to the disputes, UNITE has issued a further call for industrial action below. This affects all employees of Fujitsu Services Limited who are in scope of the Manchester Recognition Agreement.
A copy of the full notice sent to Fujitsu is here.
27 September 2011 Mr T Thompson Regional Officer Unite the Union – PRESTON Dear Colleague FUJITSU SERVICES LTD REQUEST FOR AUTHORITY TO TAKE INDUSTRIAL ACTION We refer to your request of 26 September 2011. Following their vote for industrial action, our 307 members who are employed by the company as per the attached breakdown, are hereby called upon to take industrial action. The action will be discontinuous strike action consisting of a one day stoppage on Tuesday 4 October 2011. This industrial action is supplemental to that called for in our notice of 7 September 2011. Please find attached a copy of the notice we have faxed to the employers. Yours fraternally LEGAL SERVICES. |
This means that in addition to the ongoing action short of strike, there will be a one-day strike on Tuesday 4th October 2011.
Reps have chosen this date in line with the decision of the members’ meeting on 24th August, which decided the strategy for our dispute and asked reps to plan industrial action in support of it.
Tuesday’s strike is timed to support three elements of the strategy:
2) Using “leverage” pressure on the company, for example through the media, suppliers, partners, customers, potential customers, MPs and the public
5) Sustaining our campaign by building support within the wider movement
6) Industrial action, particularly where this supports the other elements of our strategy
The strike will help with “leverage” because it is timed to coincide with Duncan Tait, CEO of Fujitsu UK & Ireland, speaking at a fringe meeting at the Tory party conference here in Manchester. Campaign activities are being planned for the day and it will be important to maximise participation.
The strike will help sustain our campaign by building support in the wider movement, because it comes two days after the TUC’s “March for the Alternative”:
Assemble 12 noon, Sunday 2nd October
Liverpool Road (off Deansgate), Manchester City Centre
March route map here
Many thousands of trade unionists will be in our city, and if we have a visible contingent from Fujitsu we can leaflet and build support for our campaign. Please let your reps know if you are able to take part in the demonstration, so that we can arrange to meet up.
If you’re available on Saturday 1st October, you could also join the “battle bus” touring Greater Manchester to build for the demonstration, decked out with banners and full of trade unionists, students, children and pensioners protesting against the cuts. It is touring Salford and North Manchester from 10:30am – 1pm, then Central and South Manchester 1:30pm – 4pm. To book a seat for either or both, text or call Mark on 07765 122 829.
UNITE is also taking our campaign to the Labour Party conference in Liverpool this week, where Fujitsu has a presence.
UNITE’s message is consistent – Fujitsu can resolve these disputes easily – just by honouring its agreements and stopping picking on reps. Showing that Fujitsu can be trusted to deliver on its promises would help win more business, not undermine it.
Financial Support
The original email notice reminded members who were on strike on Monday 19th September (whether they helped with picketing etc or not) how to claim their £30 Dispute Benefit.
If you need to claim a Hardship Payment for 19th September or 4th October, please submit your application as soon as possible. Details of how to do so are in section C1 of UNITE’s Q&A on industrial action.
Last Thursday UNITE met with Fujitsu HR and ACAS for further negotiations to try to resolve the disputes which have led members in Crewe and Manchester to take industrial action.
Though the company had only allocated two hours for the meeting, it seemed possible that progress could be made, given that the company had responded to the UNITE proposal of 16th September saying that “we are not in the position to agree tonight and would need further clarification and discussions” on four specific points.
Our negotiating team was therefore disappointed that instead of clarifying and discussing the four points on which differences remained, the company presented a new draft proposal which left the parties significantly further away from agreement.
While disappointing, such moving of the goalposts shouldn’t come as a surprise to those who’ve seen the company’s approach to negotiations in the past, and reinforces the need for the new and more constructive approach to industrial relations that Manchester members are demanding.
Some of the key points:
More pressure is needed to persuade Fujitsu to settle the disputes. This wouldn’t be hard – all Fujitsu has to do is honour its agreements and stop picking on our reps.
In line with the decisions at recent members’ meeting, reps in Manchester have asked the union to call further industrial action in pursuit of a resolution to the dispute – look out for updates.
UNITE has also warned Fujitsu that unless there is a resolution the campaign will be going to the party conferences, where Fujitsu is having stalls, fringe meetings and receptions. Labour’s conference is this week in Liverpool and the Tories’ is next week in Manchester.
At a meeting in Crewe today, members decided to ask Unite to call a new ballot for industrial action on the wider range of issues already in dispute whilst still campaigning for justice for Alan Jenney. In the meantime, all industrial action for employees contractually based at Crewe should cease.
Even if you aren’t in one of the locations already involved in industrial action, you can help by joining the UNITE Fujitsu delegation at the TUC’s “March for the Alternative” demonstration at the Tory party conference in Manchester next Sunday (2nd October). UNITE is paying for transport for members to attend, so please book your place now. Please also let your reps know if you’re going so that the Fujitsu people can meet up and distribute campaign materials to the thousands of trade unionists who will be marching through Manchester.
UNITE is also making arrangements for further negotiations with the company with the aim of bringing these entirely avoidable disputes to an acceptable conclusion.
At the members meeting on 8th September we unanimously agreed to support the motion for action which includes strike action and continuing action short of strike.
We now need to make important decisions regarding future actions. Below are the options being suggested by your reps which will be discussed on Monday.
Background:
The ballot, notices of action etc allow UNITE to call industrial action and confer legal immunity on both the union and individual employees for breaching contracts of employment and inciting others to breach their contracts. This is the main legal protection for industrial action in UK law. A few years ago an additional protection for employees taking industrial action was introduced, which meant that if you are dismissed for taking part in industrial action which is called officially and is otherwise lawful, the dismissal will be automatically unfair if it takes place fewer than twelve weeks after you started taking part in the action. Industrial action began in Crewe on 30th June 2011, so the 12 week period has now expired. Depending on the circumstances, a dismissal for taking part in industrial action may be unfair beyond the twelve week period. Many employees of other organisations take action beyond the 12-week period despite the slightly reduced protection. |
Options:
Crewe members are being asked to decide between three options for the campaign in pursuit of an acceptable resolution:
|
In the event that members choose option 2, debate the following motion: We support a strategy for resolving the dispute based on:
We instruct our reps to coordinate with reps in Manchester and to make a plan for up to four more days of strike action to be called by UNITE if the dispute is not resolved. |
Please do your best to attend the meeting.
For suggestions on further items for discussion or motions to be added, please contact any of the other reps by 11am, Monday, 26th September 2011.
Location – CR 0-2, CRE02
Date – Monday, 26th September 2011
Time – 12.30pm – 1.30pm, prompt start
CR 0-2 is a conference room on the ground floor at CRE02, behind reception.Please encourage all members you know to attend. This is a members’ meeting.
Posted by at 12:00 AM | Comments (0)
The full details of the action short of strike are posted with the notices of action on www.ourunion.org.uk/news. In summary, the action is:
Members voted by very large majorities (71% in Crewe, 85.6% in Manchester) for the action short of strike, and everyone shares the responsibility to make it as effective as possible. Action short of strike is more complicated than strike action, so we all need to think about how we make it as effective as possible.
The goal behind all the action short of strike is to maximise the impact on the company while minimising the impact on members. The more effective it is, the sooner we will achieve a successful resolution to the dispute.
The “Ban on using own vehicle to travel on company business unless in receipt of an allowance” is fairly straight forward. Unless you have a company car or an allowance in lieu of a company car, refuse to use your own vehicles for business trips. Needing to use public transport or requiring a hire car are both likely to cause the company additional inconvenience by delaying travel arrangements.
“Work to Rule and to Contract” and “Policy of non cooperation” are about reducing productivity as far as possible while still actually doing your job. Use your imagination, but examples might include:
If you are worrying that all this is likely to have an impact on the project or contract you are working on – that’s the whole point. We don’t want to have to do this, so why not alert your manager to the risk being imposed on projects or SLAs by the company’s failure to resolve the dispute and encourage them to raise it with senior management? By doing so you are being a responsible employee and making sure that risks are identified and can be managed.
The form of action which has probably caused most confusion is “Ban on Overtime (paid or unpaid) unless paid at Unsocial Hours Policy (UHP) rates”. Here are a few scenarios:
Write to your manager saying you won’t be working extra hours unless paid at UHP rates.
Write to your manager saying you won’t be working extra hours unless paid at UHP rates.
Write to your manager saying that you won’t work if called out unless the extra hours are paid at UHP rates.
Some members have been under the misapprehension that the ban doesn’t apply to them if they have signed up to terms and conditions that pay less than UHP rates. A major reason for going through the whole ballot process is to give employees (members or not) in scope of the action legal immunity for taking the industrial action called.
The action short of strike gives opportunities for employees to actually increase their earnings, and also to make the company appreciate all the extra you normally put in over and above the minimum for your job.
UNITE’s Q&A on industrial action answers many other questions about the industrial action. It also includes links to model letters produced for the last dispute which you can adapt and send to your manager for the overtime restrictions.
Please talk to your colleagues and make the action effective. Remember that non-members can join in the action too, if they are employees of Fujitsu Services Limited contractually based at CRE02 or in scope of the Manchester Recognition Agreement.
Congratulations to everyone who took part in yesterday’s strike action. It was clear that large numbers of staff stayed away from Central Park, Crewe and Salford, with some teams being totally or almost completely on strike.
A particular thank-you to those who had not voted for the strike but appreciated the benefit of uniting behind the democratic result of the ballot to achieve a successful outcome and took strike action anyway.
Photos from the Manchester Campus (complete with “Fujitsu promises” in the shape of porkie pies) are available online.
Media coverage is an important part of our strategy to put pressure on the company to resolve the dispute. The strike achieved extensive coverage including many national and local radio stations, BBC TV, and many reports in printed and online publications.
UNITE and the Company had continued efforts to allow yesterday’s strike to be called off until late on Friday evening and into Saturday. The progress being made was encouraging, but there were still very significant gaps, for example on pensions, out of hours payments and Alan Jenney. Further talks are being arranged and UNITE will continue to keep you updated.
[The original email notice included details of how to claim Dispute Benefit]
If you would have been unable to take part in the strike action without additional financial support, please submit your application for a Hardship Payment as soon as possible. The money for these payments is raised by the campaigning activities of members, so these payments are only available to members who played an active part on the day (e.g. picketing). Please don’t claim a Hardship Payment unless you need to – it’s better for all of us if the money goes to those in greatest need so that as many people can participate as possible and the campaign can succeed.
Part of the strategy for bringing the dispute to a successful conclusion is to raise the profile of the campaign and build the support within the wider trade union movement.
On Thursday Alan Jenney, the Fujitsu Crewe rep unfairly dismissed as redundant, will be speaking at a public meeting in Manchester and we need a sizeable group of members there to distribute leaflets and build support for our campaign.
“Unite the Resistance” public meeting
7pm, Thursday 22nd September
Mechanics Institute, Princess Street, Manchester, M1 6DD (entrance on Major Street)
The public meeting will involve a wide range of trade unionists, as the main focus is the millions of members of UNITE and other unions who are preparing for industrial action over public sector cuts and pensions on 30th November, and getting organised for the TUC’s “March For The Alternative” at the Tory party conference in Manchester on 2nd October.
UNITE members working for Fujitsu in Manchester, Crewe and Salford struck today. For background to the disputes, see the "Appeal For Support" leaflet on www.ourunion.org.uk.
A major factor in the dispute has been Fujitsu's breaches of various agreements, and UNITE had decided to symbolise the problem by handing out "Fujitsu promises" in the shape of pork pies. They were given out freely, but didn't keep well.
As well as picketing, the strikers held a rally outside the main Manchester site:
Kevin O'Gallagher, UNITE National Officer for IT & Communications
Karen Reissman, UNISON NEC member and local nurse who was victimised for her union activity but is now back working in the NHS.
John Burd, PCS rep from Fujitsu Telford
Jimmy Thornton, secretary of UNITE Manchester City Council branch
Isabel Hay, UNITE rep at Fujitsu Warrington
Pete Grubb, PCS North-West Regional Council member
Ian Allinson, UNITE senior rep at Fujitsu Manchester
Even without the porkie pies (which UNITE members found hard to swallow), the picket line was well catered for:
UNITE has called industrial action involving Fujitsu employees:
Full details of the notices of action are available via www.ourunion.org.uk/news/.
Action short of strike is already ongoing. For more details, including some useful model letters, see UNITE’s latest Q&A on industrial action.
UNITE has also called a 24 hour strike (in the areas involved) from 00:01 hours on Monday 19th September.
To achieve a successful resolution to the disputes as quickly as possible and with the minimum of industrial action, we need the maximum possible participation from members and non-members.
Monday's activities will include:
Picketing:
Public Rally: 08:00, Fujitsu, Central Park, Northampton Road, Manchester, M40 5BP
Pay Shortfalls
In our update on 22nd August UNITE reported that though staff in the Manchester bargaining unit had benefited from a higher pay review budget than those staff without union recognition, information received from HR suggested that the company had not spent as much as they had promised on several aspects of the pay review:
The company hasn’t provided the information promised, and what has been provided arrived on 9th September instead of by 10th August as promised in the agreement. The first meeting to discuss the implementation problems is scheduled for 26th September, so there is no prospect of the company keeping its promise to resolve shortfalls by 23rd September.
In summary, though employees in the bargaining unit have fared better than those elsewhere, the company has:
Please support UNITE’s efforts to hold the company to its promises and ensure that every employee gets any money they are owed as quickly as possible.
Industrial Action
The pay shortfalls are just some of the latest examples of the company’s failure to keep its promises to employees and honour its agreements.
Fujitsu’s breaches of agreements affecting pay and benefits, pensions, out of hours payments, union recognition, redundancy and redeployment are at the heart of the current dispute, along with the victimisation of reps. There is a breakdown in industrial relations which needs to be addressed.
In your job, would it be acceptable if you routinely made promises and broke them? And if you broke commitments which were clearly set out in writing and signed? And if you didn’t even apologise and try to put things right?
Shouldn’t Fujitsu employees expect to be treated with the same respect we are expected to show?
UNITE wants better industrial relations, where agreements and disagreements are dealt with honestly and professionally. It is tragic that we need to take industrial action over such issues, but if we don’t then any agreement is worth little and we will have given away rights that have taken years to win. Would that be wise, particularly in such uncertain times?
UNITE has called industrial action short of strike which has already begun (and is ongoing), and a 24-hour strike starting at 00:01 hours on Monday 19th September. Full details of the notice of action are here. If you are in scope of the Manchester Recognition Agreement please take part in the industrial action. You can do so whether you are a UNITE member or not (as even the company’s FAQ confirms). Everyone who takes part is standing up for fair treatment for employees.
If you aren’t yet a member it would be good to a href="http://www.ourunion.org.uk/join.htm">join now. Membership means you receive more information, you take part in UNITE’s democratic decision making over the dispute, and you receive financial support from the union.
UNITE has published a Q&A about industrial action. If you have questions or concerns which aren’t covered, please speak to one of your UNITE reps.
Even at this late stage, efforts to resolve the dispute continue in the hope that Monday’s strike can be avoided. If the situation changes before Monday, we will send out a further update by email and post it on www.ourunion.org.uk/news.
UNITE has called industrial action involving Fujitsu employees:
Full details of the notices of action are available via www.ourunion.org.uk/news/.
Action short of strike is already ongoing. For more details, including some useful model letters, see UNITE’s latest Q&A on industrial action.
UNITE has also called a 24 hour strike (in the areas involved) from 00:01 hours on Monday 19th September.
To achieve a successful resolution to the disputes as quickly as possible and with the minimum of industrial action, we need the maximum possible participation from members and non-members. So far, the following activities have been organised for Monday 19th September:
Dispute Benefit is available to striking UNITE members. Additional Hardship Payments (funded from money members raise through the campaign) are only available to those who play an active part, so you must ensure you are recorded on an activity register.
Millions of members of UNITE and other unions are preparing for industrial action over public sector cuts and pensions on 30th November, while many are getting organised for the TUC’s “March For The Alternative” at the Tory party conference in Manchester on 2nd October. There is a “Unite the Resistance” public meeting to mobilise for both these events:
7pm, Thursday 22nd September Mechanics Institute, Princess Street, Manchester, M1 6DD (entrance on Major Street)
We have managed to secure a speaker about our disputes at this meeting (which will be a significant gathering of local trade unionists), and are asking members to make every effort to attend so that we can have a visible presence and distribute leaflets to raise support for our own campaign while showing solidarity with others.
UNITE has been coordinating our campaign with PCS and is pleased to report that Fujitsu has made a significantly improved pay offer which seems likely to settle their dispute. This shows yet again that campaigning works and that Fujitsu can be shifted. We need to keep up the pressure to ensure a satisfactory resolution to our own disputes.
The more people who join the union, the more influence staff will have on how they are treated. Who can you ask to join?
PCS has sent the following message of support:
UNITE FUJITSU STRIKE ACTION I am writing on behalf of the PCS Group Executive Committee (GEC) to offer our wholehearted support in your campaigns in Fujitsu. This includes the dispute involving UNITE members in Crewe to defend Alan Jenney against victimisation and the dispute involving UNITE members in Manchester over the breakdown in industrial relations, breaches of agreements and victimisation of reps. We wish you every success in your strike on the 19 September. PCS have secured major improvements in our pay offer which have meant that we are suspending action while we ballot members on the new offer. We will be making a collection towards your hardship fund and hope to show our support with some of our reps visiting your picket lines on Monday. Good luck with your campaign, we certainly intend to work more closely with you in the future. We are in no doubt that the threat of co-ordinated action has brought improvements to our offer. We look forward to a more co-ordinated trade union approach in the future which can only benefit the interests of both our members. Yours in solidarity Ceri Reeves PCS, Fujitsu Group President |
Staff not directly involved in the current industrial action can help the campaign by building the union in their own area, using the appeal for support leaflet and collection sheet available from www.ourunion.org.uk or making a donation to the strike fund.
Reminder - commencing at 00:01 hours on Wednesday 14th September, employees in scope of the Manchester Recognition Agreement are asked to join their colleagues based in Crewe in taking action short of strike.
This is to involve:
Please refer to the email newsletter sent out on 13th September for further details and a Q&A section.
Manchester lunchtime Meeting
Members in Manchester please remember also that UNITE is holding a lunchtime “Dispute Committee” meeting open to all members:
12:30-13:30, Thursday 15th September Conference room 33GCR2 (MAN33)
This is an opportunity to discuss the issues in dispute, the action short of strike and any concerns about the campaign, as well as to get organised in advance of the strike on Monday 19th September. Please do your best to attend.
Crewe lunchtime Meeting
Members in Crewe please remember that UNITE is holding a lunchtime meeting to discuss the dispute, campaign, action short of strike and the strike on Monday 19th September. This meeting is open to all members:
Location – CR 0-2, CRE02 Date – Thursday, 15th September 2011 Time – 12.30pm – 1.30pm, prompt start CR 0-2 is a conference room on the ground floor at CRE02, behind reception. |
Please encourage all members you know to attend.
The latest "one per desk" newsletter soon to be distributed at Fujitsu Manchester and Crewe is here. It gives the latest updates on the disputes.
Fujitsu’s poor treatment of employees and in particular its failure to honour agreements has led to three different disputes at the same time.
Firstly there was the dispute involving UNITE members in Crewe to defend Alan Jenney against victimisation. Secondly PCS members at various sites voted for action over pay. Thirdly UNITE members in Manchester voted for action over the breakdown in industrial relations, breaches of agreements and victimisation of reps.
All three disputes are related to some extent because it seems highly unlikely any of them would have arisen had Fujitsu honoured the commitments it had previously made to its staff through their unions.
Though settlements of the disputes may be reached in different ways and at different times, both unions can see that coordinating any industrial action will maximise its impact on Fujitsu and therefore the prospects for acceptable outcomes to each of the disputes at the earliest possible stage.
As well as having some impact in its own right, the action short of strike will make it harder for Fujitsu to circumvent the effect of all the industrial action. Action short of strike has been ongoing in Crewe since the strike on 30th June. For employees in scope of the Manchester Recognition Agreement it begins tomorrow, (from 00:01hrs) Wednesday 14th September 2011. See the Q&A below for more details.
Employees involved in all three disputes plan to strike together on Monday 19th September 2011.
UNITE and PCS have issued a joint press release in which UNITE General Secretary Len McCluskey says:
"Unite will not accept any situation where an employer can arbitrarily break negotiated agreements. This dispute can only be resolved through negotiations and coming to an agreement with the workforce. We remain available to talk at any time and urge management to get around the table so we can have a negotiated settlement."
It is very encouraging that we are getting backing from the top of the union.
Please do everything you can to make the action as effective as possible so that the dispute can be brought to a satisfactory conclusion as soon as possible.
UNITE has produced a new "one per desk” newsletter for distribution in Crewe and Manchester. This is important in order to get the information about the dispute out to as many employees (whether union members or not). If you can help distribute it in your area, please speak to one of your local reps.
The more people who play an active part in the campaign, the quicker we can achieve a settlement and the better it will be. Please let your reps know which of the following activities you would be willing to take part in:
A – The Basics
A1) Who can legally take part in the industrial action?
Anyone employed by Fujitsu Services Limited can legally take part in the action called by UNITE if they either:
The same legal protection for taking part applies regardless of whether or not they are a UNITE member, a member of another union, a member of no union, whether or not they personally voted for action.
Employees of other companies (e.g. agency staff, subcontractors) or Fujitsu employees contractually based elsewhere do not enjoy the same legal protection.
Anyone who believes they may be in scope of action called by PCS should seek further guidance.
A2) Can we win?
Yes. The company has tried to pick on reps before, and has tried to break many of our agreements before. We have often succeeded in defending our rights.
This dispute is easy to resolve - if we can push Fujitsu to apply some common sense.
We can't afford to allow the company to pick off reps, otherwise it will undermine union organisation and employees’ ability to influence the company over any issue.
We can’t afford to allow the company to pick and choose whether they want to honour agreements. We have to draw a line.
Industrial action has some impact in itself. Strike action gets media coverage and allows staff to take part in campaign activities on a large scale, such as protesting to MPs and customers, or building support in the trade union movement and community. These activities can magnify the power of the industrial action itself.
Members in Manchester agreed the following strategy to win:
A3) I didn’t vote for action – can I take part?
Yes. If you are in scope (see A1) your right to participate in lawful industrial action is unaffected by whether you voted in the ballot, which way you voted, whether you were a member at the time or whether you are a member now.
A union’s strength comes from democratic participation and solidarity. Whether or not you voted for action, a democratic decision has been taken and we will get a better outcome the more we stick together. If you are thinking of not taking part, please seek out your rep and discuss this – they may be able to allay your concerns.
Of course only members will benefit from the support of the union during the action in terms of Dispute Benefit, Hardship Payments etc, so anyone contemplating taking part would be well advised to join.
A4) Do I have to tell my manager whether I’m taking industrial action?
Not beforehand (as confirmed by the company’s own FAQ from the recent strike day at Crewe). UNITE has served notice of action on the company, which is the only notice legally required. Managers may scurry around trying to find out who intends to strike so that they can minimise the impact of the action, so even if someone didn’t plan to strike, it would be better not to say so in advance.
A5) Involvement
We have the best chance of a successful outcome if we don’t just rely on employees taking part in industrial action, but combine that with other forms of pressure. Our strategy is based on both industrial action and external pressure (MPs, customers, media etc). We also need activities to raise funds and support.
All this relies on involving as many people as possible (both inside and outside Fujitsu) in playing an active part in the campaign, whether that is picketing, fundraising, writing letters, wearing a sticker or whatever.
It’s not always practical for everyone to picket, and it may not always be the most effective use of time anyway. Strikers often organise a range of other activities to help the campaign, such as phoning people, letter writing, leaflet writing, leafleting other workplaces, collecting money, holding meetings, administering financial support, touring other workplaces and union branches to raise support or lobbying MPs.
There are ways for everyone to contribute to the success of the campaign.
A6) My Contract Says X – Can I Take Action?
The whole point of going through the long and complex process of a ballot is so that employees can benefit from legal protection if they refuse to work as normal, which can technically mean breaking your contract. UNITE will only call action which is lawful.
Of course there are many instances elsewhere of employees taking industrial action which does not benefit from legal protection. Even under those circumstances, as long as people stick together, there are rarely any negative consequences for those involved.
A7) Are you breaking your contract if you take industrial action?
Technically, you may be, but the law protects your right to do so. There is also legal protection against discrimination for union membership or taking part in union activities.
If you feel this is a moral issue as well as a legal one, it’s worth remembering that the only reason we've got this problem is that the company have failed to follow their own agreements - they're breaking their commitments to us as employees.
A8) I’m being asked to do something different to normal in order to reduce the impact of the strike. What do I do?
The action short of strike includes “policy of non-cooperation”, this should generally cover you for refusing to do things you don’t normally do, especially if they are intended to undermine the effectiveness of the industrial action.
A9) Exemptions
There can be exceptional circumstances where a person or group taking industrial action could have undesirable consequences. This could range from causing safety problems to putting disproportionate pressure on particular members.
Your reps have put in place a process where staff or managers can apply for exemptions from particular parts of any industrial action. An exemption application form is available online.
Staff who are granted exemptions from strike action are normally expected to donate pay to the dispute fund to help support colleagues who are striking.
A10) Staff not Taking Action
There will undoubtedly be some staff who don’t heed any call for industrial action. It is important to remember that these people are not our enemies. They want employees to be treated fairly, and want reps to be able to do their jobs without fear. They may be too scared to join in, or they may be misinformed.
Rather than getting into confrontation with colleagues who don’t take industrial action, we should patiently explain the issues and their rights to them, try to give them confidence to overcome their fears, and even if they still won’t take part in the industrial action, try to find something they do feel able to do in support of the campaign. This might be wearing a sticker or making a donation to the campaign, for example.
The company is likely to try to create divisions between strikers and non-strikers. The real division is between the vast majority of loyal, hardworking employees and a tiny number of fat-cats at the top who want us to pay for their mistakes and greed, are breaking their promises and picking on a prominent UNITE rep who speaks up on our behalf.
A11) Afterwards
People often have fears about a dispute damaging relationships with workmates or management. This can happen, particularly if a dispute is long and bitter. But it doesn’t have to be like that.
When Fujitsu, UNITE and ACAS got together in early 2008 to review how things were going after the Manchester dispute the previous year, the meeting concluded “Overall relationship is significantly better for all parties than in the past” and “Both parties recognised the successes and achievements of the last year”. The deal at the end of the dispute helped establish a much healthier relationship than before.
While it can cause resentment if people who didn’t take part in a campaign share the benefits, most people accept that people make mistakes and often learn from them. For example, there are plenty of people involved in UNITE in Manchester now who weren’t involved in 2007.
A12) Decision-making
To run a dispute successfully, the members have to be in charge. Frequent members’ meetings are crucial to ensure that everyone has a say and knows what’s going on and why.
Because these are two local disputes, more decisions can be taken at members' meetings and by the reps you elected.
The members are the union, and the members should remain in democratic control of the campaign at all times.
B – Striking
B1) What’s the difference between striking and picketing?
Striking means refusing to work. Picketing means being outside your normal place of work seeking to peacefully persuade other people not to enter.
B2) Picketing
Picketing means being outside a workplace, trying to persuade others not to go in to work. We want all our picket lines to be friendly and good humoured.
Picketing is important for two main reasons. Firstly, no matter how hard we’ve all being trying to communicate, some staff will not be fully aware of the issues or the action. Pickets can explain the situation to them and some will decide to join the strike. Secondly, a picket line encourages waverers to join the action because people know it is immoral to cross a picket line and because the sight of other people on strike raises their confidence. It’s normal to use placards and leaflets to communicate with people, as well as trying to speak to them directly.
In a dispute like ours, it would be particularly important to make picket lines friendly and fun, rather than hostile and scary. Some colleagues will go in to work because they are frightened to join the strike, even though they agree with what we are fighting for and may support the campaign in other ways. While we should argue with them to overcome their fear, these are potential allies, not our enemies. It was noticeable in previous strikes that the pickets were laughing together and having fun, while those who went into work generally looked guilty and miserable. Our workloads are often bad enough normally, never mind when many colleagues are on strike!
The best picket lines have hot food and drink, tables, chairs, music, flags, placards, banners and balloons.
Strikers need to decide when to picket for maximum impact. Some workplaces might choose to run 24-hour pickets. Others might picket from early morning until mid-morning, then go off for something to eat and to take part in other activities.
The law allows peaceful picketing by workers at their own place of work. Different rules apply to members who don’t have a regular place of work, normally work from a variety of workplaces, are mobile, or for whom it is impractical to picket at their place of work because of its location. These workers may picket any place from which they work or from which their work is administered. Union officers (which includes reps as well as full-time union officials) can accompany a member they represent who is picketing their place of work. Other people can join protests, but not picket.
There is no right to picket on private property, but sometimes the owner will allow this, for example if it is more convenient, less disruptive or safer.
There should be a responsible person in charge of each picket line. It’s a good idea for these people (sometimes called “picket captains”) to have lists of mobile numbers to keep in touch.
Pickets can lawfully ask people who are not Fujitsu employees not to cross, but if those people take part in industrial action they would not be covered by the same legal protection.
B3) What times do strikes start and finish?
If a strike is called for a whole day, it means that we shouldn’t do any work from midnight to midnight that day. This applies to all work, whether it is your normal shift, travel, overtime, standby or call-out. If the strike is called between particular times, we shouldn’t work between those times.
If the dates include a Friday and/or Monday, that does not mean that the strike includes the weekend, unless those dates are specified too.
B4) If I strike won’t it just mean I have more work to do afterwards?
No. A major purpose of action short of strike is to change overwork from being our problem into the company’s problem. The company has withdrawn goodwill from employees, so the action short of strike means adopting a policy of non-cooperation, working to rule and working to contract. We should do what we have to, not what is needed to meet the company’s unrealistic targets. There is no point striking one day and working hours of unpaid overtime the next to catch up. Let the job slip until the dispute is settled.
B5) Annual Leave
Where the union calls on employees to take strike action, the action is made more effective the more people who strike.
However, for strikes at the end of the year, some employees will be under pressure to use up their annual leave entitlement before the end of the year, or risk losing it.
If employees take annual leave on strike days, they are encouraged to make a donation to the dispute fund. Members are only entitled to UNITE Dispute Benefit if striking, rather than taking annual leave.
C – Money
C1) Getting Paid, Dispute Benefit and Hardship Payments
Employers don’t usually pay workers for strike days, but sometimes payment is agreed as part of a settlement.
UNITE provides Dispute Benefit of £30 a day to members who are on official strike. To administer this, your reps will need you to confirm that you were on strike for each strike day.
Your reps have also organised a fund to provide extra financial support if we take industrial action. During a dispute, it is possible to raise large amounts of money from other trade unionists, the local community, friends and family.
During previous strikes in Fujitsu, strikers raised tens of thousands of pounds, allowing the union to provide additional financial support, so that no member who wanted to take part was unable to do so for financial reasons. We have already started raising funds for the campaign. Can you take our collection sheet round your friends and family, like you would for a sponsored swim? There’s also a (frequently updated) "appeal for support” leaflet which explains what it’s all about.
Members will be able to apply for “hardship payments” if their financial situation means they would otherwise be unable to take part in the action. As the money for this is being raised by members, Hardship Payments will only be available to members who play an active part in the campaign. This means it will be important to ensure your name is recorded on a register when you take part in picketing or other campaign activities. Reps will ensure that there are activities which everyone can take part in.
C2) How does striking affect our pensions?
The details would vary from scheme to scheme.
Typically, members of Defined Contribution schemes such as FJUK would see their pension contributions reduced in line with their pay if taking strike action. This would have a very small impact on the pension.
For the few members still contributing to Defined Benefit schemes such as the ICL DB Pension Plan, the picture is more complicated. In previous industrial action, we believe contributions were paid as normal and there was no impact on pensions, but there potentially could be. If you are in this group, please discuss the situation with your rep.
D – Action Short of Strike
D1) What’s action short of strike?
There can be many forms of action short of strike. Some people who aren’t prepared to strike might take part in action short of strike.
The action called includes “work to rule and contract” and “policy of non co-operation”. You need to think about how that would apply in your area to have maximum impact on the company. The more effective we make the action short of strike, the fewer strike days we will need in order to win.
D2) I don’t normally get paid for extra hours of work/travel – would action short of strike affect me?
Yes. UNITE has called a ban on overtime (paid or unpaid) unless paid at least Unsocial Hours Policy (UHP) rates. You should write to your manager asking them whether they want to authorise you to claim overtime at UHP rates for all your extra hours or to only work your contracted hours. UNITE has drafted a model letter you can use.
D3) Is the intention to ban overtime?
Not all overtime. The aim is to put pressure on the company, not on ourselves. The action called means that overtime is banned unless it is paid at at least Unsocial Hours Policy (UHP) rates. UNITE has drafted a model letter that you can send to your manager asking whether they agree to pay you at the higher rate or to not do the overtime. This would include overtime worked when on-call or on standby.
D4) I regularly work Stand-By but not on UHP rates – how would I be affected?
If UNITE calls a ban on overtime and Stand-By unless paid at least Unsocial Hours Policy (UHP) rates and you normally get paid less than this, you should write to your manager asking them whether they want to authorise you to claim at UHP rates for all your Stand-By and overtime or to only work your contracted hours. UNITE has drafted a model letter you can use.
D5) What is the Unsocial Hours Policy (UHP)?
The UHP was for many years the company-wide policy covering overtime, standby and shifts. The company has been gradually undermining it for many years, trying to pay people less and less.
In summary, UHP overtime rates are 1.33x between 8am and 6pm Monday to Friday, 2x between 6pm Friday and 8am Monday, and 1.5x the rest of the week. UHP standby rates are 1/3 of the overtime rate for the same period, so for example an hour’s standby on a Saturday is paid at 1/3 x 2x. If called out while on standby, you retain your standby payment, but also get the overtime payment for the full period worked.
If you’re not sure whether you would get more, you can read the UHP online then claim at the best rate.
NOTICE OF INDUSTRIAL ACTION
On Tuesday UNITE reported the failure of Tuesday’s talks with Fujitsu to resolve the dispute, despite both the assistance of ACAS and UNITE’s direct approach to Fujitsu UK & Ireland CEO Duncan Tait.
UNITE has called a strike in Manchester for Monday 19th September (for 24hrs, starting at 00:01 am), and PCS have called a strike for the same day. The Crewe members’ meeting last Thursday voted on a motion for Crewe joining the action on Monday 19th September (for 24hrs, starting at 00:001 am), which was carried unopposed.
UNITE has now issued the call for industrial action below. This affects all employees of Fujitsu Services Limited whose ‘contractual base location’ site code is CRE02.
A copy of the full notice sent to Fujitsu is available here.
FUJITSU SERVICES LTD, CREWE REQUEST FOR AUTHORITY TO TAKE INDUSTRIAL ACTION We refer to your faxed request of 9 September 2011. Yours fraternally |
By Fax and by Post Our Ref. BALLOTS/CO 12 September 2011 NOTICE TO EMPLOYER OF PROPOSED INDUSTRIAL ACTION TO: Fujitsu Services Limited (Crewe) This notice is given for the purposes of Section 234A Trade Union and Labour Relations (Consolidation) Act 1992 and is supplemental to our notice of 23 June2011, Att |
The following lunchtime members’ meetings are planned for this week:
Crewe:
12:30pm, Thursday 8th September
Conference room 0-3, CRE 0-2
This meeting will decide whether to ask UNITE to call further industrial action.
Stevenage:
12:30pm, Thursday 8th September
Conference room 108, STE04
Agenda:
- Pay review 2011
- Campaign for fair pay and benefits in IT Services
- Defend Alan Jenney
- Attacks on agreements
Wakefield:
12:30 – 13:20, Friday 9th September
Hemsworth Room, WAK01
Agenda:
- Pay review 2011
- Campaign for fair pay and benefits in IT Services
- Defend Alan Jenney
- Attacks on agreements
If there isn’t a meeting planned for where you are, please speak to one of your local reps about getting one organised.
In addition, there is a lunchtime Manchester “Dispute Committee” meeting open to all UNITE members:
12:30-13:30, Thursday 15th September
Conference room GCR2, MAN33.
This is an opportunity to discuss the issues in dispute, the action short of strike and any concerns about the campaign, as well as to get organised in advance of the strike on Monday 19th September.
Fujitsu staff aren’t just affected by government cuts because we, our families and communities rely on public services from the NHS, councils, education, pensions and benefits etc. We are also affected because:
Following its 500,000 strong demonstration in London on 26th March, the TUC has called two important national demonstrations at the conferences of the governing parties:
Both marches also represent a great opportunity to get the message about our own disputes out to tens of thousands of trade unionists. Please let your reps know as soon as possible if you are available to attend either march, so that arrangements can be made.
For more information about UNITE’s policies on the cuts and the economy, see http://www.unitetheunion.org/campaigns/arguing_for_the_alternative.aspx
The failure of Fujitsu management to deal fairly with employees is highlighted by the fact that it now faces industrial action in three separate areas.
UNITE action at CRE02 over the victimisation of Alan Jenney started with a strike on 30th June and action short of strike has been ongoing since then.
Yesterday UNITE called action involving Fujitsu employees in scope of the Manchester Recognition Agreement, over the breakdown in industrial relations, breaches of agreements and victimisation of reps. Action short of strike, matching that already being taken in Crewe, begins at 00:01 am on Wednesday 14th September. The first strike day (for 24hrs, starting at 00:01 am) is set for Monday 19th September.
PCS has called action over pay involving Fujitsu employees in the PCS bargaining unit. This will start with action short of strike from Monday 12th September, and a strike on Monday 19th September, the same day as UNITE in Manchester.
As a reminder, the UNITE action short of strike for those employees in scope is:
|
The ideas behind this are:
To help with the action short of strike, UNITE has produced a series of model letters employees can send to their manager. For more details, see section D of the Q&A produced before the action began in Crewe.
NOTICE OF INDUSTRIAL ACTION
Yesterday UNITE reported the failure of Tuesday’s talks with Fujitsu to resolve the dispute, despite both the assistance of ACAS and UNITE’s direct approach to Fujitsu UK & Ireland CEO Duncan Tait.
UNITE has now issued the call for industrial action below. This affects all employees of Fujitsu Services Limited who are in scope of the Manchester Recognition Agreement.
A copy of the full notice sent to Fujitsu has been posted on union noticeboards and is available here.
Fujitsu Services Limited Request for Authority to take Industrial Action We refer to request received today. Following their vote for industrial action, our 307 members, are hereby called upon to take industrial action as set out in attached Notice of Action which has been faxed and posted to the employer today. Yours fraternally LEGAL SERVICES |
By Post and by Fax Our ref: BALLOTS/UH 7 September 2011 NOTICE TO EMPLOYER OF PROPOSED INDUSTRIAL ACTION TO: Fujitsu Services Ltd This notice is for the purposes of Section 234A Trade Union and labour Relations (Consolidation) Act 1992. Unite The Union is asking those 307 members who are employed by the company as per the attached breakdown to take industrial action. Please note that the above description has been prepared from central membership records which have been checked at local level and updated, as appropriate, for this ballot. The action will be continuous industrial action commencing at 00:01 hours on Wednesday, 14th September, 2011 consisting of the following: Ban on Overtime (paid or unpaid) unless paid at Unsocial Hours Policy (UHP) rates Work to Rule and to Contract including, but not restricted to, ban on work telephone calls outside of contracted hours, unless paid on stand by. Ensure back up before and after applying patches, test and document thoroughly, be diligent about Performance Plus and Personal Development Plan activities and what is in written objectives, carefully read all company notices and health and safety information, read all the information from the pension and redundancy consultation websites, take regular back-ups of PC and comply with the Tidy Desk Policy. Ban on using own vehicle to travel on company business unless in receipt of an allowance. Policy of non cooperation. In addition, our members concerned will take part in discontinuous strike action, in the form of a 24 hour stoppage, commencing at 00:01 hours on Monday, 19th September, 2011. I will advise you of any further action, giving the relevant notice, as appropriate. |
UNITE is holding a lunchtime “Dispute Committee” meeting open to all members:
12:30-13:30, Thursday 15th September
Conference room 33GCR2 (MAN33)
This is an opportunity to discuss the issues in dispute, the action short of strike and any concerns about the campaign, as well as to get organised in advance of the strike on Monday 19th September. Please do your best to attend.
Please ensure you promptly inform our membership secretary, Michael Thomas, of any change to your membership details (e.g. home address, contractual base location, contact details).
UNITE continues to explore a range of formal and informal avenues to try to find a resolution to the dispute. This is the latest letter from Kevin O’Gallagher, UNITE’s National Officer for IT & Communications, to Duncan Tait, the Chief Executive Officer of Fujitsu UK & Ireland:
Dear Duncan, Thank you for your prompt responses to my email of 7th July. In the last of these you encouraged UNITE to engage with the company team in the hope that we can work together in the future in a more constructive manner. We followed your advice and have continued to try to engage with the HR team put forward by the company for these discussions, but this has unfortunately not produced an agreed way forward of any substance to date. We realise how important it is for Fujitsu to rebalance its business by winning more business from the private sector. This will mean that the relationship with UNITE will be significantly more important for Fujitsu, given that UNITE has membership and influence within the major private sector companies from which Fujitsu needs to win business. Fujitsu’s relationship with UNITE, whether positive or negative, will certainly have an impact on the company’s success in winning contracts. Unite members employed in the affected areas of the business felt that their only practical option to bring this matter to an acceptable conclusion was to show the level of discontent with the current situation through an industrial action ballot. The result of this is as I am sure you are aware that there is substantial support both for action short of a strike as well as strike action. We will be meeting again with the company representatives on Tuesday the 6th September where we are still intending to try to reach a resolution to the outstanding issues, however, if this is not the outcome then Unite will be left with no alternative but to call upon our members to take action in pursuance of their claims for Fujitsu to act in accordance with agreements reached as well as good industrial relations practices. If action is called, this means an increased focus on Fujitsu from UNITE, and we would prefer to be using our influence to help the business rather than see the company's poor industrial relations having a negative impact on it. Someone in your position has to rely on subordinates to a considerable extent, and therefore when your HR team reassures you that they have matters in hand, it is only natural that your default position will be to take that on trust. Unfortunately, there appear to be discrepancies between what your HR team is telling you and what they are telling us. In relation to Alan Jenney’s case, for example, your HR team reassured you that “all the Company processes and policies are being followed” while acknowledging to me that the company had broken the relevant agreements. The breaches were not accidents, but carried out despite UNITE reps trying to assist management by pointing out what needed to be done at the time. I raise this example to illustrate a wider point. In many organisations the HR department takes the lead on employee relations, but their business managers are often more involved than Fujitsu's. In organisations that take Fujitsu’s approach, there is always a risk that the HR function encourages poor industrial relations to enhance the importance of its own role, whereas business managers, who have to suffer the consequences of poor industrial relations, tend to take a more people-centric, pragmatic and cost effective approach with a keen eye on the company’s profitability. With major changes in the industry and within Fujitsu itself, the company is at a turning point. Employees would prefer to work for a successful organisation, and to contribute to that success. But as Rod Vawdrey’s summary to employees of their responses to the Shaping Tomorrow survey put it “you are committed to Fujitsu, but not enough of you are willing to put in the extra effort which is needed for us to become a truly world-class company, our customers’ first choice, and a great place to work”. Helping Fujitsu succeed by changing Fujitsu’s poor industrial relations is a priority for UNITE and its members. If the negotiations arranged for Tuesday are not successful, I urge you to take a more direct role in achieving this change. Continuing to leave it to the system as is will likely continue to deliver unchanging results. Kevin O’Gallagher UNITE National Officer IT & Communications |
The following lunchtime members’ meetings are planned for this week:
Crewe:
12:30pm, Thursday 8th September
Conference room 0-3, CRE 0-2
This meeting will decide whether to ask UNITE to call further industrial action.
Stevenage:
12:30pm, Thursday 8th September
Conference room 108, STE04
Agenda:
- Pay review 2011
- Campaign for fair pay and benefits in IT Services
- Defend Alan Jenney
- Attacks on agreements
Wakefield:
12:30 – 13:20, Friday 9th September
Hemsworth Room, WAK01
Agenda:
- Pay review 2011
- Campaign for fair pay and benefits in IT Services
- Defend Alan Jenney
- Attacks on agreements
If there isn’t a meeting planned for where you are, please speak to one of your local reps about getting one organised.
All day today a team from UNITE including local UNITE reps from Manchester and Kevin O’Gallagher, UNITE’s National Officer for IT & Communications, met with company representatives and ACAS, to see if a resolution to the dispute could be found without the need for further and wider industrial action.
Unlike last time, the company representatives (all HR) were eventually willing to talk face-to-face. This helped each party understand the other’s position on a number of points, which is vital for progress. However, the company team had not prepared sufficiently to be able to comment on draft points of agreement from the last negotiations sent to them by UNITE on 22nd August. The company team also claimed to be unaware of some of the issues in dispute, even including one listed in the original grievance submitted on 9th June.
Despite the difficulties, some progress was made.
The dispute is over the breakdown in industrial relations, breaches of agreements and victimisation of reps. Below we highlight some examples and how they affect employees.
One of the difficulties with a dispute of this nature is that it cannot be resolved by an agreement that says “we promise to be good in future”. A settlement needs to address some of the specific symptoms of the breaches of agreements so that it is more than empty words. This would also help rebuild trust and working relationships.
The UNITE team produced a draft list of points for negotiation with the aim of making sufficient progress to allow the union to delay calling industrial action. The points ranged from general statements of intent, some relatively minor points which had been agreed earlier in the talks, to setting timescales for resolving some of the symptoms affecting staff.
Having the list meant discussions finally got on to the real issues affecting employees, rather than talking in generalities.
The company responses to the points on the list could broadly be classified as “yes”, “no” and “we’ll look into it”. After the end of the talks, the UNITE team assessed the degree of progress:
Amongst the points the company said it was unwilling even to consider offering were:
Amongst the points the company proposed to “look into” was the fundamental one about the “status quo” principle – trying to resolve issues by consulting employees before decisions are taken and negotiating before decisions are implemented. The company’s breaches of this principle (which is in an agreement signed earlier this year) lie behind problems staff face with the worsening of terms and conditions and working practices, on Out Of Hours payments and many other issues.
Overall, our negotiating team saw no sign that the company has changed its general approach yet. It still seems to regard keeping a previous promise to staff as a major concession, rather than the norm. The main aim of the company appeared to be to delay industrial action rather than to resolve the dispute. This could be to avoid the pressure of potential coordinated action between UNITE in Manchester and Crewe and PCS.
Unless the company changes tack quickly, more industrial action and campaign activities seem unavoidably necessary to secure fair treatment for staff.
So far, UNITE members in Crewe and Manchester have voted for industrial action, along with PCS members working on government contracts at a number of sites.
Fujitsu is not just squeezing our pay and conditions now – it is also taking action now to prepare the ground for further attacks in the future. If we allow Fujitsu to pick and choose which bits of agreements it wants to honour, and to pick off union reps who speak up on our behalf, we can expect Fujitsu’s “race to the bottom” to accelerate. The best time to stop this is now.
We need to avoid a situation where:
Pensions
The company is breaking its agreement and promise to employees across the UK to give all FJUK pension plan members the same contractual wording to protect their pensions as former ICL DB members.
The result of the breaches of our agreements is that a few thousand members have proper detailed wording in their contracts of employment to protect their pensions. The majority of staff just have a bland statement that the terms are contractual, which is of dubious value.
This breach of our agreements is extremely bad news for all employees:
The national ACAS agreement also said:
“n) the company will set up a consultative body with which regular discussions can take place on pension arrangements relating to the FJUK plan – this would include representatives from Unite;”
No such body has been set up, and the company plans no action to do so. This deprives FJUK members of any way of having a democratic say in the selection of our Member Nominated Trustees. Instead the company appoints the majority of the trustees and the trustees themselves carry out the selection. This undermines this important mechanism introduced in legislation to help members keep an eye on their pension funds.
Unless we stop such breaches of agreements, we will have no say over the trustees who oversee our pensions, and we will allow the company to attack FJUK pension benefits more easily by dividing the workforce.
Victimising Reps
The highest profile case is Alan Jenney, the Deputy Chair of our national Combine Committee and a UNITE rep in Crewe. He was dismissed on 11th July under the guise of redundancy. In reality his dismissal breached both agreements with UNITE and his contract of employment.
Alan’s case is part of a wider pattern, with the company ready to bypass normal procedures to get rid of effective union reps, weaken the union and make it easier to worsen pay and conditions for all of us. We’ve had the high-profile disciplinary cases against Ian Allinson in 2007 and Phil Tepper earlier this year, which union members successfully fought off. There are a number of other examples which are less dramatic, but just as wrong.
Unless we stop such treatment of our reps, people will become less confident to get involved and we will not have the standard of representation we need.
“Levelling down” on Union Recognition, Redundancy and Redeployment, Pay, Benefits and Out Of Hours Working
UNITE has been working hard to “level up” the rights of employees across the company in recent years, for example:
The ACAS agreement promised “the company will meet with Unite at a national level to discuss matters of mutual interest” but no meetings took place until we went into dispute.
Instead of improving the rights of staff across the UK, Fujitsu is trying to worsen them for those who’ve already won better rights through union recognition.
Manchester members also face:
Unless we stop such breaches of our agreements, far more people are likely to be made compulsorily redundant in future, pay and benefits will become even less fair, we face a “race to the bottom” in terms and conditions and employees will have no real say over how they are treated at work.
PCS
The PCS dispute is about pay, but the company’s failure to honour the commitments it made in previous pay agreements has been a significant factor leading to the strike vote.
Unite has declared the result of the ballot on industrial action at Manchester. Voting closed at noon today, Thursday 1st September. The official notice of the result is posted here.
You should not take any industrial action unless and until officially instructed to do so by the Union.
UNITE members in scope of the Manchester Recognition Agreement voted by 85.6% for industrial action short of strike and by 56.4% for strike action. A summary of the result is as follows:
Question: Are you prepared to take part in strike action?
Number of votes cast 202
Spoiled voting papers 1
Number voting YES 114 (56.4%)
Number voting NO 87 (43.1%)
Question: Are you prepared to take part in industrial action short of a strike?
Number of votes cast 202
Spoiled voting papers 1
Number voting YES 173 (85.6%)
Number voting NO 28 (13.9%)
Thanks to all members who returned their ballot papers.
Fujitsu will meet with UNITE for further negotiations assisted by ACAS on Tuesday 6th September.
demo by colleagues at CRE02 24-09-2011 |
![]() support from PCS union members from Fujitsu in Telford 09-08-2011 |
From 1st October 2011, the new regulations to protect agency and temporary workers finally come into force.
Though the UK implementation of this EU Directive falls far short of the protection workers need, it can improve the position significantly – if workers organise to take advantage of it.
The treatment of agency workers is an important issue for all of us. If the workforce is divided, with people doing the same job having different rights, it allows unscrupulous employers to undermine pay and conditions for everyone.
Many employers have used agencies to give workers less in terms of pay, holidays, pensions, overtime etc. Some keep staff employed through agencies for long periods to deprive them of job security and divide the workforce.
UNITE wants a “levelling up” of rights so that everyone is treated fairly at work.
The new rights
The “Agency Worker Regulations 2010” cover people who are workers of an agency (e.g. Kelly’s), but not self-employed people who get work through an agency.
The central new right (after 12 weeks in the same job) is to equal treatment on pay, holidays and working time, compared to a (real or hypothetical) direct employee – what the worker would have had if employed directly to do the job. The rights cover:
From day-one, agency workers have some rights in relation to pregnancy & maternity, equal access to collective facilities (e.g. canteens, childcare, rest rooms). In addition agency workers must be informed of vacancies in the hirer’s workplace. Of course all workers have rights under H&S legislation.
Using the new rights
Agency workers are encouraged to join and participate in the union. Union membership is confidential – neither the agency nor Fujitsu needs to know whether you are a member.
Unions should aim for equal treatment for agency workers, which in turn helps encourage employers to give permanent direct employment rather than using agencies.
To secure equal treatment, it can be important to ensure that agency workers are included in standard appraisal processes, and use the same holiday requesting and recording systems.
There is a separate piece of legislation called the Conduct Regulations which covers agencies. This says that before the start of each assignment, every agency worker must receive a copy of a written agreement detailing a range of information including notice periods, expected/actual rates of pay for each assignment, holiday rights etc.
Reps in recognised workplaces will have rights to information from the employer on the number, location and type of work done by agency workers, information for bargaining purposes, and for consultation on redundancies and TUPE transfers. Where essential for bargaining, recognised unions will have a right to disclosure on agency workers’ pay and conditions, and the cost of the contract with the agency.
Workers should treat the law as the minimum, and aim higher. This could mean pushing for “day one” equal treatment, including more items in equal treatment (e.g. sick pay, pensions, redundancy), inclusion in grievance/disciplinary procedures, pushing for automatic permanent employment after a fixed period, or limits on the numbers of agency workers.
While there’s still no major redundancy programme, “managing people out of the business” continues.
In April, the permanent UK&I headcount (including FTS) was 10662. It had dropped to 10389 by July – a fall of 273 in just three months, with a fall of over 100 in the last of those months alone. If this rate of decline continues, the company will have cut more jobs by Xmas than went under the “Project Cherry” redundancy programme in 2009-10.
In the same period, the non-permanent headcount dropped from 1716 to 1581, a fall of 135, with the last of these months showing a fall of 84.
Reps are still picking up horror-stories of staff being bamboozled into accepting Compromise Agreements (CAs) without knowing their rights.
A CA is a legally binding agreement where the company pays you some money in exchange for you giving up some legal rights. In Fujitsu, they usually involve you leaving the company and agreeing to a confidentiality clause.
A CA is sometimes the best thing for the company and an employee – resolving some problem in a way acceptable to both parties. Sometimes however, employees are tricked into accepting a very poor deal.
Key points:
PCS, our sister union in Fujitsu which organises in areas outsourced from the civil service, has been balloting the members in its bargaining unit which covers staff at several locations. The PCS dispute is about pay, but it is clear that Fujitsu’s failure to honour previous agreements on pay has contributed to the strength of feeling.
The PCS ballot closed yesterday, with 65.6% voting for strike action and 85.3% voting for action short of strike on a 63.2% turnout.
The two unions are cooperating to maximise the pressure on Fujitsu to treat all its employees fairly. PCS have launched a petition supporting UNITE and PCS members campaigning for fair pay in Fujitsu.
As part of UNITE’s campaign for fair and transparent pay and benefits in the IT Services industry, the union has launched a survey for Fujitsu staff (members and non-members).
If you haven’t done so already, please take a few minutes to complete the survey. This will help build evidence UNITE can use to win changes to Fujitsu’s pay system.
To promote the campaign, UNITE has produced a “one per desk” leaflet for distribution across Fujitsu. The reverse of the leaflet is designed as a poster to promote our Fair Pay Charter and the survey – please display it at your desk.
UNITE has also provided stickers, wrist-bands and lanyards for the campaign, which you can get from you local reps.
UNITE members’ meetings have recently been held in Belfast, Manchester, Crewe, Basingstoke and Warrington.
Further meetings are being planned:
Crewe:
12:30pm, Thursday 8th September
Conference room 0-3, CRE 0-2
Stevenage:
12:30pm, Thursday 8th September
Conference room 108, STE04Agenda:
- Pay review 2011
- Campaign for fair pay and benefits in IT Services
- Defend Alan Jenney
- Attacks on agreements
Wakefield:
12:30 – 13:20, Friday 9th September
Hemsworth Room, WAK01Agenda:
- Pay review 2011
- Campaign for fair pay and benefits in IT Services
- Defend Alan Jenney
- Attacks on agreements
If there isn’t a meeting planned for where you are, please speak to one of your local reps about getting one organised.