J30 - Medway education against strike action
striker | 16.06.2011 22:50 | Education
Dear Colleague,
Industrial Action
30 June 2011
You will be aware that the University and College Union (UCU) have balloted in favour of taking industrial action over the proposals to change the teachers pension scheme. Industrial action will take place on 30 June 2011.
I need to assess the potential impact on service delivery and would ask that you confirm to me if you will be taking industrial action in order that I can put in place contingency plans. Clearly if classes are not going to run our customers need to be notified in advance.
I respect the right of individuals to voice their opinion through industrial action, and I assure you that you will not be victimised for doing so. I should also make it clear to non union members that any industrial action taken by you would be illegal. I set out below some points which you need to be aware of as they may impact on you personally:
• Staff taking part in industrial action will be deducted pay for breach of contract. By law, wages and salaries are worked out by the day so for a one day strike, you will have a day’s salary withheld.
• Salary deductions have an effect on pension benefits. If an employee is absent for a day because he or she is taking strike action, then that day’s pensionable service will be lost.
• In order to be paid on a day of strike action you must make yourself available for work. You must cross any picket line and undertake your duties. Failure to do so will result in the loss of a day’s pay.
• In the event of you being physically prevented from crossing a picket line (which should not happen) you should notify me/or your line manager and make them aware of the situation.
• All employees, including those who are not members of UCU, should note the requirement to clarify reasons for absence on the day action takes place. It will be assumed that any employee who is absent from work on the day of strike action is on strike, unless you have advised your manager.
• Staff not proposing to take industrial action will not normally be granted annual leave, unless this has been authorised previously.
• All sickness on the day of the industrial action will be followed up with a return to work interview. A fit note may be requested if there is reason to believe the individual has taken industrial action,
• If you fulfil the requirements of your contract you will not be in breach of contract. However, where you refuse to undertake duties that are set out in your contract you would be in breach of contract and would be subject to an appropriate deduction from your pay.
• In the unfortunate event that the centre has to close to the public due to staff shortages and you are not taking industrial action, you should make yourself available for work and turn up at the centre unless other arrangements are agreed. You would not suffer a salary deduction should the centre close and you are not taking part in the industrial action.
I hope that the above clarifies the position for you. Please discuss any issues with me directly.
Industrial Action
30 June 2011
You will be aware that the University and College Union (UCU) have balloted in favour of taking industrial action over the proposals to change the teachers pension scheme. Industrial action will take place on 30 June 2011.
I need to assess the potential impact on service delivery and would ask that you confirm to me if you will be taking industrial action in order that I can put in place contingency plans. Clearly if classes are not going to run our customers need to be notified in advance.
I respect the right of individuals to voice their opinion through industrial action, and I assure you that you will not be victimised for doing so. I should also make it clear to non union members that any industrial action taken by you would be illegal. I set out below some points which you need to be aware of as they may impact on you personally:
• Staff taking part in industrial action will be deducted pay for breach of contract. By law, wages and salaries are worked out by the day so for a one day strike, you will have a day’s salary withheld.
• Salary deductions have an effect on pension benefits. If an employee is absent for a day because he or she is taking strike action, then that day’s pensionable service will be lost.
• In order to be paid on a day of strike action you must make yourself available for work. You must cross any picket line and undertake your duties. Failure to do so will result in the loss of a day’s pay.
• In the event of you being physically prevented from crossing a picket line (which should not happen) you should notify me/or your line manager and make them aware of the situation.
• All employees, including those who are not members of UCU, should note the requirement to clarify reasons for absence on the day action takes place. It will be assumed that any employee who is absent from work on the day of strike action is on strike, unless you have advised your manager.
• Staff not proposing to take industrial action will not normally be granted annual leave, unless this has been authorised previously.
• All sickness on the day of the industrial action will be followed up with a return to work interview. A fit note may be requested if there is reason to believe the individual has taken industrial action,
• If you fulfil the requirements of your contract you will not be in breach of contract. However, where you refuse to undertake duties that are set out in your contract you would be in breach of contract and would be subject to an appropriate deduction from your pay.
• In the unfortunate event that the centre has to close to the public due to staff shortages and you are not taking industrial action, you should make yourself available for work and turn up at the centre unless other arrangements are agreed. You would not suffer a salary deduction should the centre close and you are not taking part in the industrial action.
I hope that the above clarifies the position for you. Please discuss any issues with me directly.
striker
Comments
Hide the following 3 comments
response
16.06.2011 22:54
Firstly, I would like to clarify that although I am a Sessional Tutor for MACLS, I am not contracted to work for Adult Learning on Thursday 30th June. I am, however, refusing to work at all on this day in support of the strike. Also, I am not affiliated to UCU or any union.
From my understanding, the strikes have been proposed in order to cause disruption. As a tutor for Medway Adult Learning, in the public sector, I do believe that it should be our right to support these strikes in order to gain a better and fairer pension scheme. I am aware that in your letter you have made it clear that no-one will be victimised for taking strike action, however, the letter also points out that those of us not affiliated to unions who choose to strike will be doing so illegally. Does this then mean that any tutor or staff member who takes strike action on this day and who is not affiliated to a union will face legal repercussions as a result?
We live in a so-called “free” society so therefore everyone should have the right to strike, even if they do not belong to a union. I appreciate that Medway Council concerns itself with government legislation, however, as a human being, we do all need to rally support together to stand up for a fair and just society. If we continue to allow the government (who have made many false promises and are threatening our protest rights) to continue to control us, incarcerate our freedom and civil liberties and dictate how we should act then change will not come about. Those of us who feel there is a need for change, should be encouraged to take part in the strike action – not just for ourselves – but for everyone who works within the public sector and those who will work within it in the future.
Government talks and MP lobbying has clearly not worked in the past so striking seems the only logical step. I understand that some people do not belong to a union and some people do, but this action is about social welfare. This is not about whether or not we have ‘permission’ to take action.
At this stage, we should be encouraged to take whatever action we feel appropriate in order for our voices to be heard. Whether that is striking, calling in “sick”, taking a day’s leave or supporting the action in another way, without any legal implications. The whole idea of 30th June is to cause disruption so that the seriousness of why we are striking will be acknowledged. Co-operation and support by tutors, staff, students and the entire population is the only way we will achieve this.
I hope you will be able to clarify for me whether legal action will in fact be taken against anyone who does not belong to a union and supports this necessary action on 30th June and also rectify any misunderstandings I have from this letter.
responder
comment
17.06.2011 16:54
So if you belong to a union you should do what the union says as you have agreed to by being a member, if you belong to the UK society you should do what the government says as you have agreed to by being a member.
Warning: The UK society has more rules and regulation than any other club, association or society. That's why I'm not a member.
My rights end where our's begin.
Anarchist
LAWS.......
18.06.2011 00:56
Civil diobedience.
Class War!