It is with great sadness that we have to report, in this newsletter, the tragic and sudden death of Firefighter Paul Bagshaw who was killed in an RTC on Thursday night.
‘Baggy’ served on Red Watch at West Hull Fire Station since the day he joined HFRS and was an immensely popular member, not only of his watch but also the station and service in general.
Paul was married and leaves a wife Nikki; our deepest sympathies go out to Nikki and all of Paul’s family and friends, who still will be trying to come to terms with this shocking news.

Trade Dispute – agreement reached in principal
Following the previous devastating news which puts a real perspective on things, the trade dispute is obviously the last thing on most people’s minds. The result of the ballot was a ‘Yes’ vote and following a series of meetings, taking place over the last two weeks, concluding this evening, the FBU are pleased to report that agreement has been reached in principal from both sides. There are still some fine details to iron out but we are confident these will be resolved without the need to take our planned industrial action.
The joint Statement is copied below.
Joint Statement by the Chief Fire Officer and the Secretary of the Humberside Fire Brigade’s Union.
Following a series of meetings regarding the current trade dispute the Humberside Fire and Rescue Service and the Fire Brigades Union have agreed to a number of steps that once taken will successfully resolve this dispute.
These meetings will continue to work on the finer details of the disputed issues, but both sides are confident of a resolution without the need for industrial action.

Vote Yes!!!
Ballot for Industrial Action
We are now entering the final week for FBU members to return their ballot papers and make that decision of whether to support their Representative Bodies industrial action campaign.

The FBU have not taken the decision to register this trade dispute on your behalf lightly and feel there was no alternative. This is all about how we are able to represent your best interests when dealing with the management of HFRS during our daily business. Yes there are 5 issues registered within the trade dispute but the common theme is the bigger picture of how the FBU are able to conduct their daily business with the management of HFRS. Vote no and you are agreeing for HFRS to continue in the manner that has caused this trade dispute to arise.

The FBU are committed to returning back to the once good industrial relations that was envied by other Fire & Rescue Service managers around the country. There have been four meetings with the Chief and his management team so far and although they have been conducted in a harmonious manner, as of yet there has been no agreements made or issues resolved.
With regards the 5 issues contained within the trade dispute we can report the following after these 4 meetings;

Transfer Policy - There is still no movement by the management of HFRS regarding this imposed Policy. The FBU are of the opinion that there should be two policies – one for the transfer of RDS to WDS (that the FBU have been seeking for a number of years but management have always put barriers in the way) and one for the movement of location within a duty system. Management still maintain that they want to be able to select their ‘best person for the job’ policy.

Community Fire Technicians - There is no movement by the management of HFRS regarding this issue. They are adamant they want to introduce this role for firefighters to carry out but paying well below the rates of pay agreed at the national joint council. The FBU are of the opinion that you should be paid the going hourly rate for carrying part of your role and overtime rates if you have worked over the 42 hour average.

CPD Payments 2008 - The management of HFRS are still of opinion that they will not enter into any negotiations on CPD until the Employment Tribunal in June has taken place. The FBU’s legal advice is that talks can still take place and would not compromise the impending ET. The FBU are willing to carry on negotiating on this matter but management are not.

Vacancies - The CFO has now assured FBU Officials that HFRS are intent on recruiting as is necessary to fill vacancies. It was reported that overall there are 9 wholetime watch vacancies but there are 6 supernumerary posts within the North bank therefore the net vacancy position is actually 3 posts. This is an improvement. We are still seeking 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. But progress has been made and this appears to be only the only issue where HFRS are addressing the issues raised within the trade dispute.

IR Protocol - Both sides agreed that there is obviously some breakdown of the IR protocols, as we wouldn’t be in the position we are in if the Grey Book and the IR protocols were being adhered to. The CFO has contacted the employer’s side of the national joint council and is considering their assistance in relationship to this matter. This is something that the FBU have been requesting for months but have been declined. The CFO also informed the FBU that they have met with a representative of ACAS and invited the FBU to also meet with this representative. The FBU have now arranged this in order to put their side of the dispute across.

So this aspect of the dispute remains unresolved but there may be some tentative signs of movement by HFRS in the right direction.

During the course of the trade dispute the FBU were once again forced into lodging another ‘dispute’ with the CFO. This was due to the fact that the management once again without any consultation with the FBU introduced changes to working practices by forcing FDS Officer to ride in charge of Fire Appliances. The reason for these enforced changes was for the management team to have a captive audience of Watch managers to encourage their no vote campaign. They even brought these employees in on overtime in order to promote their agenda.
This is just further evidence of the contempt the management have for their employees and the agreed conditions of service that they are quite happy to discard as and when it suits them.

This is YOUR campaign and in order to resolve the dispute in the terms set out and in doing so to ensure that YOUR elected officials can represent YOU to the best of their ability when engaging with the management of HFRS, YOU need to support this trade dispute and the call for industrial action. By resolving the dispute as required we can show to the management of HFRS that they must abide by the nationally agreed rules of engagement.
VOTE YES!!!

The management of HFRS have again written to all employees at their home addresses as part of their ‘encourage a NO vote’ and also included an entry in this weeks Need to Know outlining the actions they might take should industrial action be taken by FBU members.

THIS IS A USUAL MANAGEMENT SCARE TACTIC to try to encourage those taking part in the ballot to vote no. DON’T BE FOOLED!

As the FBU have stated on many occasions and at every single Branch meeting, this dispute is YOUR dispute and will be determined by YOU via the campaign committee that will shortly be formed. There will not suddenly be this massive escalation of industrial action and FBU members will then be put on partial performance pay as management would have you believe. The action will ONLY be changed and ‘upped’ if YOU as members decide that via YOUR station / watch reps that will attend and report that to the campaign committee.

As pointed out in the last newsletter, this trade dispute is about the rules that the FBU and HFRS should abide by when engaging in our daily business. Yes, there are the other issues contained within the Trade Dispute but we are pretty sure they wouldn’t exist if HFRS had abided by the nationally agreed Industrial Relations Protocol. A typical and recent example of the disregard of any protocols was the where FDS Officers were told to ride in charge of Fire Appliances. These duties are not in their role map, it is not in their JOB Description, yet HFRS decided that in order to arrange meetings with a captive audience of Watch Managers (some of which were not given the choice of attending these meetings) they would simply enforce immediate contractual changes to FDS Officers working conditions at the stroke of a pen. This is how HFRS senior management think they can conduct their daily business lately and that is not acceptable. The FBU have lodged a formal dispute regarding this matter and will progress it as far as is necessary.
These meetings of the Watch / Crew managers must have cost a fortune, with all off duty watch managers requested to come in on overtime to listen to their ‘encourage a no vote’ spiel. How much will that have cost the council tax payers of the fire authority area? A question we will be raising with the Fire Authority members.

The FBU don’t want this Trade Dispute, we have been forced into it by the management of HFRS disregarding the procedures contained within the Grey Book and IR Protocol. These are YOUR conditions of service that will be eroded if YOU do not make a stand and defend them and VOTE YES!!

Operational Resilience Cadre’

Some employees who volunteered for this 3 days per year of ‘resilience training’ will have received a letter asking them to highlight areas they feel they require refresher training, as it is over a year since any of this training took place. Following some concerned calls from members, the FBU would once again like to remind everyone that taking part in this resilience cadre that it is voluntary. This was the first issue the FBU established when this policy was produced and presented to them. It has to be, because for the majority of personnel who originally volunteered, it is clearly carrying out duties that IS NOT within their own role map. Many volunteered as they believed it would be used to provide resilience for extenuating operational circumstances (like the floods of 2007 or a bizarre episode of ‘bird’ flu) but now are discovering the main reason why the policy was introduced. If personnel want to withdraw from volunteering for this Operational Resilience Cadre they are perfectly entitled to do so, IT’S VOLUNTARY

VOTE YES!!!
YOU ARE THE FBU we are merely your voice when engaging with the management of HFRS your reps need YOU to Vote YES
Attend Your Branch Meeting – Vote YES!!!

FBU members are currently being bombarded with information from the management of HFRS that gives contrasting views to that being put forward by the FBU. In this newsletter we will explain ‘What it’s all about’, answer some questions that are being asked at Branch meetings and also dispel some inaccuracies that are peddled by some.

What it’s all about?
Currently as you are aware the FBU have lodged a formal trade dispute with the Fire Authority. This trade dispute contains 5 elements but in reality there is 1 important element contained within it that if HFRS had abided by it is highly like the other 4 would not even exist, that 1 important element of the Trade Dispute is HFRS’s total disregard for the Industrial Relations Protocol.
This protocol lays out the ‘rules of engagement’ between the management of HFRS and the FBU when they are carrying out their daily business of consultation and negotiation.
The FBU did not take the decision lightly regarding lodging this trade dispute. It had come to the point where the Brigade Officials reported back to the Brigade Committee that they could now no longer function in their capacity of representing your best interests when HFRS were treating the nationally agreed procedures with such contempt.
This has been further endorsed within the 24 hours when the FBU were once again forced to lodge their 6th dispute with the Chief Fire Officer and this is regarding the newly introduced intention of FDS Officers riding in charge of Fire Appliances, this is without no consultation or negotiation with the FBU. The reason for this imposed new working practice is so that the senior management can address all operational Watch Managers at a meeting in Headquarters in order to try to progress their ‘encourage a no vote’ campaign.
During the Rank to Role assimilation process HFRS deemed that a WM or a CM were the appropriate managerial levels that should ride on Fire Appliances NOT Station Managers, yet when it suits they will just discard and agreements or change employees job descriptions. Is it because there are extenuating operational circumstances? No it’s so that they can push their ‘encourage a NO vote’ on their captive audience. Some of these Station Managers are FBU and they have contacted the FBU and told them they don’t want to ride on Fire Appliances, they don’t believe it’s in their job description to do so.

THIS IS JUST ANOTHR EXAMPLE OF THE CONTEMPT HFRS MANAGEMENT ARE TREATING YOUR CONDITIONS OF SERVICE

Here are some answers to questions being asked

Management are saying that they are being reasonable and that it is the FBU overeacting to small issues; is this true? – Absolutely not, as highlighted earlier, one of the main elements to the Trade Dispute is HFRS’s total disregard for the nationally agreed Industrial Relations protocol. The FBU have requested on numerous occasions for the national joint secretaries to come in and assist resolve our differences, that is their job yet these requests have been repeatedly denied by the management of HFRS; WHAT DO THEY FEAR FROM THEM COMING INTO HFRS?

Haven’t we taken this action prematurely when there are bigger battles on the horizon? No! The Industrial Relations protocol lays down the rules that both sides have to abide by. With HFRS disregarding these protocols the FBU cannot represent YOUR interests; therefore it is important for these ‘rules’ are established now in order that the FBU can conduct consultation and negotiation over the coming months and years on the agreed playing field and not HFRS’s terms only.

Will this lead to strike action? No! The ballot is for action ‘short of striking’. In order for strike action to be considered then by law another ballot would have to be run. This campaign is YOUR campaign. The campaign committee, that will be made up from representatives from YOUR workplace will determine how it is to be run. If members on branches demanded to take some form of strike action, then that would be reported back to the campaign committee and another ballot requested to be run.

VOTE YES!!!
YOU ARE THE FBU we are merely your voice when engaging with the management of HFRS your reps need YOU to Vote YES
Attend Your Branch Meeting – Vote YES!!!

Vote Yes!!!
Ballot for Industrial Action
All Wholetime FBU Members up to the role of Watch Manager will, over the next few days receive their ballot paper for them to decide if they are willing to support industrial action short of striking. The ballot is expected to run from the 3rd April – 24th April so there’s plenty of time for YOU to make your decision.
All FBU members should by now be fully aware of the ‘intended action’ that will be requested should we win the ballot. This ‘intended action’ will be the only action called for unless the FBU members of Humberside determine that they want to ‘up that action’ and that will be determined by a Campaign Committee. This committee will be made up of representatives from all stations and ideally at least one rep from every watch. This is YOUR Campaign, Humberside FBU’s Campaign and YOU will determine how it is run
Members will undoubtedly be getting anxious as would be expected before any industrial action but the FBU Brigade Committee would like to reassure you that they would not be taking this course of action unless they felt it was absolutely 100% necessary.
The Management Campaign
The management of HFRS are running their own campaign of watch and station meetings to try to encourage you not to support this ballot and to ‘encourage a NO vote’. Attend your branch meeting listen to the FBU’s side of the story and their reasons before making your decisions HFRS Management as part of their campaign to discourage members from supporting the FBU’s ballot will be trying to sow the seeds of doubt amongst members. They will be saying things like ‘that these issues are small considering the big battles that lie ahead’ ‘these things only affect a small number of people’ ‘its not very well supported here or its not very well supported there’ ‘It’s going to lead up to strike action’ - DON’T FALL FOR THIS WELL KNOWN EMPLOYERS SCARE TACTIC.
This is the FBU’s ‘big battle’ because this trade dispute will shape how the FBU are best able to represent your interests over the months and years to come. The FBU are telling YOU that we cannot stand by and do nothing. If we do nothing then our ability to defend your conditions of service will be severely hampered
DON’T BUY INTO THE MANAGEMENT’S ‘ENCOURAGE A NO’ CAMPAIGN
THE FBU have not drawn the line in the sand too early, as is being pushed at their station visits. The FBU had no choice because of HFRS’s total disregard of the IR Protocols.
This dispute is about HFRS abiding by the rules when we conduct our daily business. These rules are contained in the Grey Book and the NJC’s Industrial Relations Protocol. Yes this dispute involves the Transfer Policy, Vacancies, CPD Pay and Community Fire Technicians BUT the main issue is HFRS not abiding by the nationally agreed IR Protocols. The FBU’s side of the Joint Secretaries is willing to come in and try to resolve the problems and we’re absolutely sure, HFRS’s side of the Joint Secretaries would be more than willing to come and assist before it gets to Industrial Action - SO WHAT DO THE MANAGEMENT OF HFRS FEAR? Their attendance can be arranged at short notice and it is not expensive as is being reported.
YOU, as FBU members will have to decide who you put your trust in. YOUR FBU, who look after YOUR interests, negotiate for YOU, defend YOUR conditions of service, YOUR FBU who were forced to lodge this Trade Dispute following their repeated requests to get external assistance were declined by HFRS.
VOTE YES !!!
YOU ARE THE FBU - we are merely your voice when engaging with the management of HFRS - your reps need YOU to Vote YES

Vote Yes!!!
Ballot for Industrial Action
Wholetime FBU members up to the role of WatchManager will shortly be receiving ballot forms calling for them to vote on Industrial Action. The ballot is applicable to this section of the membership only, due to the ‘likely intended action’ and the subsequent guidance of the FBU’s legal advisors.
The Management of HFRS have launched a programme of Watch / Station visits and the aim of these, according to their own briefing note is to ‘encourage a NO vote’ by the personnel being balloted for industrial action. It outlines how staff must be aware of the Service response to any Industrial Action, particularly Partial Performance Pay.
Don’t be taken in by the spin that will be put across at these management meetings – tell those managers who do visit your watch to go back and report to the Corporate Managers that FBU members want HFRS to abide by the nationally IR Protocols and get the Joint Secretaries in to resolve the dispute– What Do HFRS fear by the Joint Secretaries coming in, that is their role according to the Protocol. What do they fear from being put under their scrutiny?
A Letter from the CFO
Within the last few days all employees will have received a letter from the Chief Fire Officer outlining the management’s view of the pending Industrial Action and entitled a ‘Test of Reasonableness’. From the reaction of the number of calls the FBU have received tonight, FBU members appear to have seen through this attempt to persuade you not to support YOUR FBU representatives when they have finally decided that they cannot go on defending your conditions of service and representing FBU members when the management of HFRS are acting in their current manner.
The Test of Reasonableness – you decide
The FBU have tried to be reasonable throughout this whole series of disagreements and disputes. It is the FBU who have acted in accordance with the nationally agreed Industrial Relations Protocol. It is the FBU who have sought to resolve these issues by requesting external assistance, by way of the Joint Secretaries coming into the Service. The Protocol states if there is no agreement then this external assistance should be considered BEFORE either side takes unilateral action i.e. HFRS Impose these changes or the FBU call on members to take Industrial Action. HFRS have refused the FBU’s repeated requests for external assistance and therefore left NO OPTION but for them to lodge a formal Trade Dispute with the Fire Authority on your behalf.
The letter goes on to describe the actions HFRS have carried out in relationship to the 5 disputes lodged that are now the subject of the Trade Dispute;
• Vacancies – The CFO describes in his letter how HFRS have actually ‘managed’ vacancies within the Service that has resulted in the need for shortfalls to be covered by pre arranged overtime. This goes directly against the locally agreed Overtime Policy and the guidance contained within the Grey Book – remember Vacancies STOP you getting your leave. HFRS managers will state, that as of this week there are now no vacancies. If this is the case, why is the global figure still dropping below minimum when firefighters on watch cannot get leave and sickness levels are falling?
On your behalf we requested 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. This confirmation has not been provided.

• Imposition of a Transfer Policy – The CFO is exactly right in his letter, it was imposed. The letter states HFRS are working towards vacancies being filled by the ‘best person for the job’ Remember this is the ‘best person for the job’ in their view and under the criteria that they have set. The FBU are of the opinion that there should be two Transfer Policies, one for the transfer from RDS to WDS (that gives all RDS firefighters an equal footing to transfer onto the WDS) and a Transfer Policy for WDS personnel who wish to transfer to another location but within the same duty system. Some are trying to say that the FBU are opposing this because of the RDS transfer element. This is totally untrue; it is the FBU who for 3 years have been fighting management’s hoops and hurdles that they have always tried to insist apply prior to RDS firefighters transferring to the WDS. We believe the current ‘imposed’ Transfer Policy actually discriminates against RDS firefighters who in previous years have not been given the opportunity to develop in comparison to their WDS colleagues. Those sceptics amongst us would question why was this transfer policy forced through and imposed, was it to provide a quick fix to the dire vacancy situation that was critical after the Fire Authority refused to remove a pump from Immingham?On your behalf we requested the immediate withdrawal of the service transfer policy and no reintroduction of such a policy until it has been agreed in full with the FBU. This is still awaited.

• None Compliance with Nationally Agreed Pay scales – Firefighters when engaged in duties for HFRS should be paid at the NJC agreed rates of pay and that includes if you have completed over 42 hours average a week then you should be paid at the overtime rate. If this ‘test of reasonableness’ and decision to pay at lower none NJC rates of pay was applied to all roles just because it only applies to a small ‘part of It’ then all of the specialist posts within the service are under threat of low pay, because they only carry one or two parts of their respective NJC Role Maps. The letter also states the FBU are opposed to face to face interaction – no we are not! But we do have to abide by the FBU’s National Policy on Cold Calling. Why aren’t HFRS and other FRS’s in the UK taking this up with their national negotiators on the NJC, to try to reach a national agreement with the FBU regarding cold calling?
On your behalf we requested 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 has not been confirmed.

• CPD Payments – what the CFO states in his letter is very inaccurate. The FBU are of the opinion that HFRS are acting outside of the national CPD application guidance, this guidance states that any individual in receipt of CPD and subsequently falling below one of the required standards should be informed by management of that shortfall and be given opportunity to rectify that shortfall within reasonable time before the renewal date. The point the FBU were making is that NO individuals within HFRS were given notice that they were falling below any of the standards or given the opportunity to rectify those shortfalls before the renewal date. The FBU have never implied that our members have not been genuinely sick. We stated that our members, if notified that they were falling below one of the standards, may choose to come into work, even if in reality they should have booked sick. Members may choose to come in with flu, viral infections, galloping pyacker or whatever, in doing so running the risk contaminating the other staff members rather than lose their CPD pay but at least they were ‘given the opportunity’ in accordance with the national guidance. – The FBU have requested the National Joint Secretaries come in to decide whose interpretation of the guidance that they negotiated is correct – this request was denied by HFRS, who’s being reasonable?On your behalf we requested 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 Agreement. This has not been done.

• Consultation / Negotiation – all that the FBU are asking for is for HFRS to abide by the nationally agreed IR Protocol – Once again the FBU request the Joint Secretaries come in and sort out the unresolved issues – again this request is refused by HFRS – who’s being reasonable?
On your behalf we requested 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. This has not been provided

The section of the letter that has probably been the most inflammatory to firefighters, judging by the views being expressed to the FBU tonight is the comment where you are asked to consider those who will judge you, the communities you serve, your families, your friends, those same communities who are currently suffering redundancies, job losses and financial hardships. – One disgruntled caller said to tonight ‘Don’t these people in their ivory towers think we know exactly what is going on in the big bad world. Two members of my family have been made redundant and I’m having help them through it, does that mean I should not protest when my employer disregards the processes in place to protect my conditions of service, am I just supposed to accept it and say thanks for not throwing me out with the rubbish as well Chief. I don’t think so!! I always thought the management of HFRS were different from these we read about in other Fire Brigades and cared about our interest’s not just government targets, I guess not. - You will get my support in the ballot’.The FBU have not decided to enter into this Trade Dispute ballot on a whim, The FBU Officials who you have entrusted to negotiate on your behalf are now severely hampered in their efforts to represent YOUR interests, because HFRS are NOT abiding by the IR Protocol. What will happen with the Duty System Changes that are currently being discussed, how can the FBU enter into these negotiations meaningfully when HFRS are treating other issues with such contempt? Will the FBU and the IR Protocol once again be disregarded?
YOU ARE THE FBU we are merely your voice when engaging with the management of HFRS your reps need YOU to Vote YES
Attend Your Branch Meeting – Vote YES!!!
If you wish to discuss any of these issues further please contact a Brigade Official on;
pete.smith@fbu.org.uk - 07974 101435 or dave.collingwood@fbu.org.uk - 07968071850

Contact:
02 April 2009

Dear Ian,

On behalf of all FBU members in the South West can I offer our solidarity and support for members in Humberside who will be taking part in the ballot for Industrial Action? To be treated with utter contempt by an aggressive management backed by an employer seeking to drive down costs by imposing second rate terms and conditions is a disgrace that should be and is being resisted.

The only time managers and employers will stop chasing us is when we stop running, and it gives us all great heart that members in Humberside are fighting for what is a right not a privilege
We look forward to seeing a successful ballot result followed by a victory in the struggle you are currently engaged in.

Yours in Solidarity

JOHN DRAKE
REGIONAL SECRETARY