The FBU are very disappointed that the talks on the 20th July, in London, aimed at trying to find a resolution to the current trade dispute ended without agreement.
The signs were ominous from the outset of the talks, when the FBU were immediately informed that the management representatives were booked on a train at half past three, questioning their intent or commitment in entering into meaningful discussions to resolve the issues on the day. Management reported their version of events in a press release on 21st July which contained comments that the Fire Brigades Union strongly refute. Their stating that the FBU are adopting a position that discriminates against the Retained Duty System (RDS) fire fighters is simply not true. It is the FBU who for years have been trying to get the management of HFRS to introduce a fair transfer policy. Had management introduced an open transfer policy 5 years ago when the FBU had requested it, there would have been numerous RDS firefighters on the transfer list alongside the Wholetime firefighters. The FBU are of the opinion that when management did not get the expected fire authority approval to remove a fire appliance from Immingham last year, they were caught out as they had been carrying vacancies in wholetime firefighter posts in anticipation. They needed a quick fix to their problem and they found that via permitting the Retained Duty System firefighters to transfer onto the Wholetime Duty System.

The main issue on the transfer policy is that HFRS want to select ‘the best person for the job’ using newly introduced criteria that THEY set for deciding who is nearer the top of the transfer list. Some firefighters have been on the existing transfer list for many years, (many of whom have to travel long distances, incurring Humber Bridge tolls to the tune of over a £100 a month), will be discounted if HFRS are allowed to impose this new criteria and they will continue to incur these additional costs. The transfer of a wholetime firefighter from one location to another does not address a vacancy; it merely moves it around in stark contrast to when an RDS firefighter transfers over to the WDS which fills a vacancy.
The FBU have been told there are currently 3 WDS system vacancies yet we are advised that number is nearer 14, which raises the question of why management aren’t offering these vacancies to those RDS firefighters on the transfer list? One answer may be that HFRS are choosing to manage vacancies and rely on firefighters working overtime to provide fire cover.
In response to HFRS’s request to suspend the industrial action, we would remind members of the following
• Out of the 5 issues contained within the trade dispute, only one has been resolved and even that is questionable if the reports to the FBU regarding the number of vacancies are true.
So simply requesting to suspend your Industrial action is unreasonable and will not be complied with. The Fire Brigades Union are continually committed to finding a resolution to the dispute but that commitment has to reciprocated from management which does not seem to be the case at present.
Management and FBU have made National and local agreements stating that pre-arranged overtime should not be used to prop up crewing shortfalls. Again HFRS does not seem to be committed to this concept.

Cold Calling
The FBU have been contacted by a manager requesting we clarify the FBU’s position regarding cold calling;
The FBU has a national policy against cold calling - this is the knocking on doors without making a prior appointment.
The manager asked;
‘Does posting a leaflet that offers a free Home Fire Safety Check and free Smoke Detector constitute making a prior appointment’? NO! - You should only return to a leafleted property if the occupier has responded and arranged a date and time for you to return and carry out the HFSC.

FF Ewan Williamson Collection
Members will be aware of the tragedy in Edinburgh where Firefighter Ewan Williamson sadly lost his life whilst attending a fire and another FF was injured. Collections will be taking place on all stations and we would request that any money collected is handed in to the FBU for forwarding onto the fund now being set up.

The Pre-arranged Overtime ban is now starting to bite hard. There is hardly a single shift – day or night that is not being affected by the action FBU members have been called to take.
This just further demonstrates how HFRS are dependent on the use of pre-arranged overtime to prop up shortfalls in crewing levels – This is contrary to the Grey Book and to the locally agreed Pre-arranged Overtime Policy. It also demonstrates that HFRS are running with operational vacancies at an unacceptable level.
FBU Officials realise the current action impacts on some stations more than others, with the inconvenience of detachments / deployments now being utilised more then ever to cover these shortfalls. Special praise must go to West Hull who, because of the drop down list on how specials are taken off the run are constantly being detached due to them having two primary crewed specials based there.
Now is the time, more than ever, to remain resolute, Officials are hopeful that at Monday’s meeting, some progress will be made on the outstanding issues to try to resolve the trade dispute in order to then return to normal working.
Our Unity is our Strength

Management once again dismiss the agreed consultation procedures with YOUR union
On Thursday, the FBU were contacted by a senior manager and asked that whilst at a programmed meeting the next day (to discuss the formal dispute registered over FDS Officers being required to ride Fire Appliances), if they would also discuss the ‘Drop Down List’ for when crewing falls below minimum. Later the very same day, the FBU received a further email from a different senior manager informing the FBU; that the newly revised ‘Drop Down List’ was now in place and is what operational staff must work to. This prompted FBU Officials to prepare another dispute to present at this scheduled meeting, as once again they had just been dismissed by the senior management of HFRS when it came to consultation regarding changes within OUR workplace, either in accordance with the Grey Book, IR Protocol or under the Health & Safety SRSC Regulations. At this meeting (that took place on the Friday) management were forced to acknowledge they had not consulted in the appropriate manner and as such withdrew the revised ‘Drop Down List’ and stated they would now bring it forward through the appropriate channels.
This once again demonstrates why it is more important then ever that this formal trade dispute is resolved to the satisfaction of the FBU and its members. We cannot allow senior management to continue to just impose changes to OUR working conditions without going through the correct nationally agreed processes.
These changes also impact on the fire cover provided to our local communities so the FBU will be contacting the relevant Fire Authority members to advise them of the possible reduction in fire cover for the areas that they represent, whenever crewing falls below the minimum.
UNITY IS STRENGTH – WE CAN ONLY DEFEND YOUR CONDITIONS OF SERVICE WITH YOUR SUPPORT.

The Industrial Action FBU members have been called to take is continuing, however we can report that a further meeting with the Joint Secretaries is now scheduled to take place on the 20th July 2009 to try to resolve two of the issues contained within the Trade Dispute.
Current Industrial Action – issues clarified
Following some Branch meetings and telephone calls from members, FBU Officials would like to clarify some issues that have been raised.
The carrying out of the Community Fire Technicians role DOES form part of the current trade dispute and as such members should not carry out this role until the trade dispute is resolved. This action called does not cover the carrying out HFSC’s and the fitting of smoke detectors when on your normal duties.
MIRG Training IS covered within the action FBU members have been called to take, if it involves you working over and above your normal contracted hours of duty. One member stated that they have been told that their ‘MIRG team competence’ would lapse if they did not attend the course; therefore would it fall outside of the OT Ban? The answer is NO - If competencies lapse because of the OT ban, it is the responsibility of management to ensure the maintaining of those competencies is maintained within normal working hours, not with the necessity to work OT - that is voluntary.
UNITY IS STRENGTH – WE CAN ONLY DEFEND YOUR CONDITIONS OF SERVICE WITH YOUR SUPPORT.

CPD Payments 2008/9 & 2009/10
On the 15th & 16th June the Employment Tribunal (ET) commenced to hear the cases lodged by the FBU regarding the ‘non-payment’ of CPD pay from the 2008 / 09 applications. Unfortunately, not all of the evidence was heard within the two days set aside for the hearing and as such it has now been adjourned to reconvene on the 20th July 2009.
Any members who have had their 2009 / 2010 CPD Pay applications refused should, if they wish to appeal that decision, do so via the Grievance procedure. They should also inform an FBU Official to determine if their refused application would also be covered by the current ET case or if further legal advice is required.
Members Personal Details
It is vitally important that ALL FBU members ensure that their details held by the FBU are up to date including their Accident & Injury Fund nomination details.
The forms are available on the FBU’s website under the ‘member services’ tab and members should complete a new form if any of their details have changed recently, including getting married / separated / divorced etc. The 3 most recent deaths within HFRS has resulted in discovering AIF forms not being up to date, this then ends up with a delay in payments, that would normally be sorted pretty quickly and although no comfort in the loss close ones are suffering at the time, it goes some way to alleviate some immediate monetary concerns for things like funeral costs etc.
IF YOU’RE NOT SURE - FILL IN A NEW FORM, A SMALL AMOUNT OF HASSLE NOW CAN SAVE A LOT OF HEARTACHE LATER

The FBU have had enquiries from members asking if the overtime ban is still in force as they have received calls from service managers asking if they would like to work on their Rota days to cover shortfalls in crewing levels. The answer is YES! The trade dispute is still unresolved and as such the industrial action will continue until agreement is reached.
The FBU are still involved in ongoing talks with HFRS management, reference the issues that caused the trade dispute to be lodged but nothing has been resolved yet. The fact that members are being called upon to cover crewing shortfalls just highlights there must still be hidden vacancies within the service.
The overtime ban includes Training Courses / CFS Activities / MIRG / Watch Manager meetings etc. If it involves you working over and above your normal duty days it is overtime. It also includes all weekend or night working if you are conditioned to a 9 day fortnight / day duty system.
PRE-ARRANGED OVERTIME IS VOLUNTARY AND YOU CANNOT BE FORCED BY MANAGEMENT TO WORK IT OR DISCIPLINED FOR REFUSING TO WORK IT
Some questions answered;
If an ‘oncoming’ watch member books sick, does staying on after the end of your shift until a detachment arrives constitute pre-arranged overtime?
Yes that is pre arranged overtime and as such is included in the industrial action.
If a firefighter gets deployed to a station can they stay until the end of that shift at the station they’ve been deployed to?
Yes, currently Detachment / Deployments are not included in the industrial action, so a firefighter could stay on until the end of the shift and then claim the usual ‘travel allowance’. They could also, (if they so choose) return to their home station for their normal end of shift finish time.
If FBU members who are taking part in the industrial action are aware that an activity will then not be covered, they should inform their manager of that situation. It is the responsibility of management to make alternative arrangements to cover that activity, not yours.
REMEMBER!
IF THERE ARE ANY SHORTFALLS OF OPERATIONAL COVER DURING THIS INDUSTRIAL ACTION – IT IS NOT YOURS OR THE FBU’S FAULT – IT IS THE MANAGEMENT OF HFRS FOR NOT HAVING SUFFICENT FRONTLINE OPERATIONAL FIREFIGHTERS TO COVER WHAT THEY DEEM IS REQUIRED IN THEIR ESTABLISHMENT LEVELS.
Pay Offer 2009
The employer’s side of the NJC has now put forward an offer of a pay rise of 1.25% to the FBU. They had initially failed to make an offer which forced the FBU to withdraw from any future NJC negotiations and table a claim of 2.5%. This ultimately led to the employers making their offer. Your feedback on the employers offer is required so please attend your next Branch meeting.

All members up to and including Watch Manager / Watch Manager (Control) are called to refuse to work Pre-arranged Overtime
The FBU have had some enquiries regarding what is and what is not covered by the current industrial action that FBU members are being called to take.
To clarify this for those still unsure, the action called for is to refuse to work anything that you work over and above your 42 hours contracted duties. This includes Training Courses / CFS Activities / MIRG / Watch Manager meetings etc, if it involves you working over and above your normal duty days. It also includes all weekend or night working if you are conditioned to a 9 day fortnight / day duty system.
PRE-ARRANGED OVERTIME IS VOLUNTARY AND YOU CANNOT BE FORCED BY MANAGEMENT TO WORK IT OR DISCIPLINED FOR REFUSING TO WORK ITIf FBU members who are taking part in the industrial action are aware that an activity will then not be covered, they should inform their manager of that situation. It is the responsibility of management to make alternative arrangements to cover that activity, not yours.
For Clarification – Currently this action does not include detached duty travel time allowance but may do in the future - if YOU, the FBU members decide that is what you want.

The FBU are committed in resolving this trade dispute as quickly as possible and have today attended a meeting where further discussions took place regarding the Transfer Policy. The FBU were informed that management has now sent a revised document back to their side of the Joint Secretaries that has yet to be presented to the FBU for their consideration. Although this issue is still not resolved, it is important you know that there are still ongoing discussions to try to resolve this trade dispute and neither side is refusing to explore all avenues to find an agreeable solution.

REMEMBER!

IF THERE ARE ANY SHORTFALLS OF OPERATIONAL COVER DURING THIS INDUSTRIAL ACTION – IT IS NOT YOURS OR THE FBU’S FAULT – IT IS THE MANAGEMENT OF HFRS FOR NOT HAVING SUFFICENT FRONTLINE OPERATIONAL FIREFIGHTERS TO COVER WHAT THEY DEEM IS REQUIRED IN THEIR ESTABLISHMENT LEVELS.

And finally don’t forget

UNITY IS STRENGTH

Your Branch will soon be having a meeting. Please make every effort to attend to get the latest up to date information on the trade dispute.

All members up to and including Watch Manager / Watch Manager (Control) are called to refuse to work Pre-arranged Overtime
The Industrial action called for by the General Secretary of the FBU starts at 09.00 hours today. It is vitally important that all FBU members stick together to fight this ongoing trade dispute. The action FBU members are being called to take is the refusal to work pre-arranged overtime.
PRE-ARRANGED OVERTIME IS VOLUNTARY AND YOU CANNOT BE FORCED BY MANAGEMENT TO WORK IT OR DISCIPLINED FOR REFUSING TO WORK IT
If FBU members who are taking part in the industrial action are aware that an activity will then not be covered, they should inform their manager of that situation. It is the responsibility management to make alternative arrangements to cover that activity, not yours.
This is not what the FBU wanted but were forced into it by ‘no agreement being reached’ within the timescales of the trade dispute ballot validity period. This Industrial action can be halted immediately by the management of HFRS by complying in full with the 5 points outlined within the trade dispute that was lodged with the Fire Authority.
Pre-arranged overtime includes everything that you get paid for, after working, over and above your contracted average 42 hours a week (with the exception detached duty travel time allowance).
For Clarification – at this moment in time, this action does not include detached duty allowance (this is travel time paid at overtime rates) but may do in the future - if YOU, the FBU members decide that is what you want.
The FBU are committed in resolving this trade dispute as quickly as possible and are trying to arrange further meetings with management to discuss the outstanding issues. The FBU have submitted further draft policies to the management in order to try to break the deadlock over the Transfer Policy.
IF THERE ARE ANY SHORTFALLS OF OPERATIONAL COVER DURING THIS INDUSTRIAL ACTION – IT IS NOT YOURS OR THE FBU’S FAULT – IT IS THE MANAGEMENT OF HFRS’S FOR NOT HAVING SUFFICENT FRONTLINE OPERATIONAL FIREFIGHTERS TO COVER WHAT IS REQUIRED.
There was a pre-arranged overtime ban in the UK Fire Service for decades prior to the 2003 agreement – so why wasn’t there operational shortfalls week after week then? Why weren’t the FBU and its members getting the same disgraceful comments in the press over that period saying that they were ‘endangering lives’ by having a Pre-arranged overtime ban? – The reason why, was that managers could not mask firefighter vacancy management by the use of pre-arranged overtime then, as they can do now and they were then answerable to the HMI.
IF THE FBU’S PRE-ARRANGED OVERTIME BAN MEANS OPERATIONAL SHORTFALLS - THEN THAT CLEARLY MEANS THERE IS NOT ENOUGH FRONT LINE FIREFIGHTERS ON FIRE STATIONS
The Grey Book states;
‘That pre-arranged overtime will not be used to make up any planned shortfalls in the overall staffing levels set out in the Fire & Rescue Authority’s Integrated Risk Management Plan.’ Station personnel establishment levels include a buffer for sickness / courses etc (and sickness levels are dropping year on year we are told) so if there are any shortages it is because of the management of watch vacancies NOT because of a pre-arranged overtime ban.
Your Branch will soon be having a meeting. Please make every effort to attend to get the latest up to date information on the trade dispute.
Remember
UNITY IS STRENGTH

You will have recently received a letter from the Chief Fire Officer outlining his view of the current situation regarding the trade dispute. The FBU feel it is therefore incumbent to respond to some of the points raised and to clarify the situation from the FBU’s side of the dispute.
The Chief Fire Officer quite rightly points out that at a meeting on the 22nd April broad agreement was reached in principal on how the dispute could be resolved, however it also required further work to be carried out. This further work has not been completed to the satisfaction of the FBU and therefore the trade dispute remains unresolved.
To allow for the Joint Secretary process, the FBU had, by mutual agreement, extended the period of their ballot validity to the maximum permitted under the Trade Union and Labour Relations (Consolidation) Act and as such had to give notice of intended industrial action to the Fire Authority otherwise it would have meant the further expense and time of running another trade dispute ballot. The FBU are fully committed to resolving this trade dispute via negotiations but unfortunately are bound by these statutory timescales.
To briefly outline the current FBU position of the 5 issues contained within the trade dispute please see the attached letter from Ian Murray (referred to in the CFO’s letter) that was sent to the Secretary of the Fire Authority on the 9th June 2009.
Also contained within the letter from the CFO are some claims that the FBU strongly refute.
CPD Payments
HFRS continually refused the FBU’s requests to have this issue referred to the Joint Secretaries. In the FBU’s opinion that would be the obvious arena to discuss the differences of opinion on the national application process, as it was in fact the Joint Secretaries who agreed the CPD Payment Scheme. HFRS maintained that because there were some HFRS cases lodged with an Employment Tribunal (ET) regarding the non- payment of CPD, then they were unwilling to discuss it until after the ET. This was after the FBU’s legal advisors stated that both sides could still try to resolve this issue prior to the ET. At the meeting on the 22nd April 2009 the FBU agreed that if this was the only outstanding issue of the trade dispute they would agree to await the outcome of the ET and then progress the matter afterwards. As has now become apparent the CPD issue is not the only outstanding issue of the trade dispute.
Transfer Policy
At the meeting of the Joint Secretaries in London the FBU did not produce a Transfer Policy that was discriminatory to RDS firefighters, neither is the latest version the FBU has just resubmitted in an effort to try to break the deadlock on the Transfer Policy issue. It is the FBU who have made substantial movement on this area but unfortunately this movement is not being reciprocated by the management of HFRS. It is the FBU who for many years have been trying to introduce an open transfer policy for RDS firefighters to transfer over to the WDS but have been repeatedly blocked by the management of HFRS. It was only after the HFRS’s WDS vacancies were in a dire mess that HFRS decided to allow this option to be progressed to resolve their problems.
Community Fire Technicians (Secondary Contracts)
The CFO states in his letter ‘that the FBU did not feel they were in a position to discuss the matter of secondary contracts therefore the matter was deferred’
This is not accurate, it was decided at the meeting of the Joint Secretaries in London that the Transfer Policy would be the first item on the agenda. These discussions went on for the entire day and it was decided by the Joint Secretaries that the issue of secondary contracts would be discussed at another meeting to be arranged, as it was felt there would not be enough time on this day as it was now past 18.30 hours.
The FBU’s Joint Secretary Andy Dark was asked to clarify the discussions that led to the secondary contracts issue being deferred and he responded;
‘Frankly, I am at a loss to understand the comments made within the HFRS bulletin to personnel. There was no reluctance at all, let alone refusal from the HFBU side to discuss the Secondary Contracts issue, it was simply that all of the allotted time was taken up with discussing the Transfer Policy’.
To see Andy Dark’s response in full please see the attached letter below.
In response to the Chief Fire Officer stating he was disturbed at who the FBU chose to exclude from the ballot, the FBU would like to clarify that following legal advice on the ‘intended action members would be called to take’ it was more a case of the FBU being disappointed that they were limited to who they could ballot following this advice and not deciding to exclude anyone. What should be more concerning for the CFO is the number of RDS personnel who expressed their disappointment in not being able to take some form of industrial action also to show their discontent with the way HFRS is treating them.
As already stated the FBU are committed to resolving this trade dispute but were ultimately forced into calling for industrial action to be taken by the issues not being resolved within the timescales that are laid down. We will continue to meet with the management of HFRS to try to resolve our differences; however these issues could not just be allowed to be carry on indefinitely. These are your conditions of service that the FBU are defending and in order for us to do this we must now all stick together and all support the action being called to take.
From 09.00 hours on the 17th June 2009 there will be a pre-arranged overtime ban. This will include all paid activities (with the exception detachment payments) over and above your normal contracted hours of work.
For clarification detached duties (at this moment in time) do not form part of the action called for, as this is not classed as pre-arranged overtime but travel time paid at overtime rates.
Please attend your soon to be arranged Branch meeting to get the latest up to date news.
SUPPORT THE INDUSTRIAL ACTION CALLED FOR – THIS IS YOUR UNION
If any individual is challenged or put under pressure to go against this lawful industrial action being called to take, please get in touch with a Brigade Official immediately
UNITY IS STRENGTH – WE CAN ONLY DEFEND YOUR CONDITIONS OF SERVICE WITH YOUR SUPPORT.

Please see the letter below clarifying the Humberside FBU position regarding the Secondary Contract issue and that the FBU were prepared to talk about this issue but the alloted time with the Joint Secretaries had run out. It was not a case of ‘the FBU felt they could not discuss this issue of secondary contracts’- as was reported. It was a joint decision of the Joint Secretaries, not the FBU, to call a halt to the proceedings as it was late in the day.

15 June 2009
Dear Ian

Thank you for your recent correspondence concerning the Humberside FRS Press Release and correspondence to all personnel by the HFRS management. I won’t comment on all the points but will pick up on the main issues.

It is disappointing that the HFRS put out the misleading and unhelpful press release. This is contrary to the understanding between the National Joint Secretaries. I further understand that the CFO has indicated that he did it because of his belief that you had been speaking to the press, which was not the case. With a headquarters building full of staff, I would have thought he could have got one of them to pick up the telephone to ask you! It seems, at best, a weak excuse to me.

Frankly, I am at a loss to understand the comments made within the HFRS bulletin to personnel. There was no reluctance at all, let alone refusal from the HFBU side to discuss the Secondary Contracts issue, it was simply that all of the allotted time was taken up with discussing the Transfer Policy.

Similarly, I am astonished that HFRS are suggesting that the HFBU position was, or is, in anyway discriminatory against RDS personnel/members. The HFBU’s position was quite clear. The HFBU was, and is, seeking a policy which is fair to all firefighters; which ensures that as part of its introduction, the desires of those on the existing transfer list are respected; and that the system ensures that all members, RDS or wholetime are able to access courses and thereby points on an equal footing in such a way as to avoid favouritism toward particular individuals by the HFRS, that is intended or otherwise.
It is unfortunate that this episode has occurred, but I hope that the contents of this letter will go some way towards allaying any concerns that members may have as a result of the inaccurate comments made in the HFRS bulletin. In closing, I can only suggest that you speak to senior management representatives to inform them that their current approach does not lend itself to making the resolution of the current dispute any easier.

Yours fraternally,

ANDY DARK
Assistant General Secretary

Mr. Robin Graham
Secretary to the Humberside Fire & Rescue Authority
Humberside Fire & Rescue Service
Service H.Q. Summergroves Way
Kingston upon Hull
HU4 7BB 9th June 2009

Dear Robin,

Humberside FRA - FBU Trade Dispute

It has been brought to my attention that you contacted the employer’s secretary of the NJC yesterday regarding a letter received from the FBU Secretary Matt Wrack outlining concerns that the letter referred to the original trade dispute notification from the FBU and in particular, that you are of the opinion that three out of the five issues have now been resolved. Subsequently your Joint Secretary has sought clarification with our side of the joint secretary’s.

The FBU would like to point out that we are pleased progress has been made on some of issues and others are still the subject of ongoing discussions at joint secretary level, however, there are still issues that remain unresolved and as such the trade dispute lodged with the Fire Authority remains unresolved. With this mind and in order to comply with the statutory requirements following the agreement made between the FBU and the Fire Authority pursuant to section 234(1)(b) of the Trade Union and Labour Relations (Consolidation) Act, the FBU were informing you in the letter from Matt Wrack yesterday, that it is still our intention to give notice of intended industrial action within the legally required timescales.

I have been requested to clarify to you Humberside FBU’s position in relationship to the five issues raised within the trade dispute, given that since we last formally met there has been discussions at NJC level on some of the issues.

1. Confirmation that all vacancies have been filled and that a comprehensive recruitment strategy will now be delivered to include transfers from other Authorities and to ensure that there is adequate advance planning so that the unacceptable levels of vacancies that arose in 2008 will not be repeated.
Progress on this is sufficient to form the basis of an overall agreement albeit that progress was made by the introduction of an imposed policy to address these vacancies

2 The immediate withdrawal of the service transfer policy and no reintroduction of such a policy until it has been agreed in full with FBU.This issue, although being the ongoing subject of discussions at joint secretary level is still unresolved.

3 The immediate withdrawal of the Community Fire Technician posts and agreement that members conducting such duties on rota days or otherwise in addition to their contractual hours of duty shall be paid overtime in accordance with the Grey Book. This issue, although agreed to be the subject of discussion at joint secretary level, is still unresolved as to date these discussions have not taken place

4 The immediate payment of CPD to all applicants refused in 2008 and, pending agreement of a new procedure with FBU Humberside, payment of CPD to all personnel permitted to apply as provided by the National AgreementThis matter is the subject of an Employment Tribunal (ET) due to take place on the 15th June. The FBU agreed that in certain circumstances they would be willing to await the outcome of the ET in order to then decide what their next steps would be. However as those circumstances do not arise, this is not relevant and FBU members are now submitting grievances for the 2009 / 2010 CPD Payments that have been refused in a process that is outside of the nationally agreed application process. That being the case this matter is still unresolved.

5 Acceptance that the Fire Authority wrongly refused the requests to refer the CPD and transfer policy disputes to the National Joint Secretaries and wrongly proceeded without agreement on vacancies and on the Community Fire Technician posts. An undertaking to agree all requests for referral to Joint Secretaries until agreement has been reached with FBU Humberside on a new Industrial Relations Protocol to resolve collective disputes.
The issues raised above in Para 5, as contained within the trade dispute notification letter, refer to HFRS not adhering to the nationally agreed Consultation and Negotiation Processes / Protocols. It is a step in the right direction that HFRS has agreed to refer two of the issues (Transfer Policy & Community Fire Technicians) raised to the National Joint Secretaries. But the specific request to take the issue of CPD payments to the joint secretary’s was declined by HFRS. However as is clearly outlined and requested within the trade dispute letter, the FBU have not received the undertaking required and have not agreed that all requests for referral to the joint secretaries will be agreed until a new locally agreed IR Protocol has been agreed with the FBU. Therefore the issue of the Consultation & Negotiation processes / Protocols is still unresolved.

Overall it is clear that in only one issue out of the five raised has sufficient progress been made to form the basis of an overall agreement to resolve the trade dispute. We welcome the ongoing discussions to try to resolve the other four issues but it would appear that at present on some of these, there is no movement at all from HFRS. In particular the Transfer Policy, this follows indications that the FBU may be prepared to recommend substantial movement including alternative proposals being put forward that is not being reciprocated by HFRS.

I would remind you that the General Secretary made it clear in his correspondence that until all five assurances outlined are confirmed, a trade dispute exists between the FBU members in Humberside and the Authority. Whilst some good progress has been made, there remains much to be done before the dispute can be resolved and we are keen that discussions proceed urgently in order to reach an agreement to avoid the need for industrial action.

I hope that this letter has clarified the position from Humberside FBU side in relationship to the ongoing trade dispute.

Regards

Ian

Ian Murray
Regional Secretary
Assistant Brigade Secretary
Humberside FBU

After many meetings with HFRS management and then ultimately the involvement of the National Joint Secretaries to try to resolve the ongoing issues between the FBU and Humberside Fire & Rescue Service we are disappointed to report that as of yet the trade dispute lodged with the Fire Authority remains unresolved.
Although discussions at Joint Secretary level are still ongoing regarding the Transfer Policy and the Community Fire Technician posts, these along with other issues contained within the Trade Dispute have not been resolved within the timescales that we are bound by in order to comply with section 234(1) (b) of the Trade Union and Labour Relations (Consolidation) Act, which stipulates the period that industrial action must take place within following a ballot of trade union members. The FBU sought and had this period extended to the maximum permissible in order to attempt to find a resolution to the trade dispute. Some cynics may be of the opinion that this was the intention of some in order for the trade dispute ballot to expire its validity.
After considering all of these factors, the FBU have now been left with no choice but to give the Fire Authority notice of intended Industrial action. The action FBU members are being called to take by the General Secretary is a Pre-arranged overtime ban.
During the ongoing discussions at the Joint Secretaries the FBU are of the opinion that they have moved their position considerably in attempts to reach an agreed position, in particular, in relationship to the Transfer Policy but this movement does not appear to be being reciprocated.
The third party talks with the Joint Secretaries regarding ‘Community Fire Technicians’ have not even commenced yet!
Members are still aggrieved about not receiving CPD for 2008 and although these members are awaiting an Employment Tribunal due to take place regarding this matter, HFRS have not addressed any of the issues in relationship to their application process and we are now having a recurrence of similar grievances for 2009.
One issue that has been resolved is the question of vacancies within HFRS, albeit by the imposition of a transfer Policy.
Looking at the bigger picture the FBU are still of the opinion that industrial relations within HFRS are still in a very bad state. Locally the FBU still have no confidence that the nationally agreed processes for consultation and negotiation will be complied with. The management have made it very public that they no longer wish to engage with the FBU how they did previously; they see the FBU as slowing down their agenda for change. The FBU are still fully committed to reaching agreement on all issues involved in our latest dispute, BUT WILL NOT DO THIS AT THE EXPENSE OF MEMBERS’ CONDITIONS OF SERVICE and the potential worsening of their personal lives.
Members should be fully aware that this is YOUR campaign and the action we have been forced to take is because of HFRS management steamrolling through policies that will have adverse effects on YOUR WORK and YOUR CONDITIONS.
If the FBU are to be able to best represent you and protect your conditions of service, then we must be allowed to consult and negotiate using the laid down rules of engagement that have been agreed nationally. This is why we must all stand together as a union and ensure HFRS management understand their workforce’s feelings.
We WILL NOT accept the IMPOSITION of policies
We WILL NOT accept the WORSENING of conditions
We WILL NOT be UNDERVALUED
With the ‘Shift System’ review looming on the horizon we must ensure the FBU still have a full voice in all talks that will affect you!
Members will shortly receive a circular from the General Secretary outlining the action you are being called to take. It is imperative that we all adhere to this call for action in order to resolve this trade dispute as quickly as possible.
OUR UNITY IS OUR STRENGTH
ATTEND YOUR SOON TO BE ARRANGED BRANCH MEETING