Archived decisions

Hampshire Fire and Rescue Authority

Item

25 September 2002

Firefighters' Pay Dispute

Report of the Chief Fire Officer

Contact:

John Bonney, Deputy Chief Fire Officer: 023 8064 4000 ext 207

1

Purpose

1.1

To advise members of the latest development in relation to the Fire Brigades Union pay claim and present industrial relations position.

1.2

To reaffirm the position in relation to delegated powers of the Chief Fire Officer during times of dispute.

2

Report

2.1

Members will be aware from frequent updates that no agreement has so far been reached in settling the Fire Brigades Union's pay claim for firefighters and control room staff. The main thrust of the Union's campaign is for an annual salary for firefighters of £30,000 and for control staff to be granted parity of pay with firefighters. This claim is well above the national employers offer of 4% which has been made as an initial settlement pending the results of an independent review. The offer has been rejected by the FBU.

2.2

The employers continue to affirm their acceptance that a review of the current pay formula is long overdue, but that incorporated within that review must be an overhaul of the working practices and pay and conditions issues as part of a general modernisation package.

2.3

The Union has maintained its stance that it would consider 'modernisation', only following settlement, in full, of its pay claim. Notwithstanding this position the employers appealed to central government for the establishment of an independent enquiry to address the issue. The response from the Treasury appears to be that whilst there is no additional funding for fire authorities to settle the claim; a review of pay, conditions and work practices may result in some assistance from government.

2.4

The Fire Conference in London earlier this month was the opportunity for the ODPM Minister, Nick Raynsford, to announce the Government's intention to hold an independent review headed by Professor Sir George Bain. Significantly, the composition of the review team and its terms of reference (Appendix 1) have been set by Government without consultation and are extremely wide. Whilst the move was welcomed by the employers, the Fire Brigades Union has announced that it will not engage in the process, maintaining the matter is one of negotiation not review.

3

Industrial Action

3.1

As is required by law, industrial action can only follow a properly constituted ballot which finds a majority in favour of such action. Unfortunately there has already been a number of occurrences of industrial action throughout the country which is deemed unofficial as FBU members have yet to be balloted. This has not been the case in Hampshire, and both the FBU and its members have agreed that no such action will be condoned or tolerated. Furthermore, we have written assurances from local Brigade FBU officials that their members will conduct themselves in a professional and responsible manner whenever they are campaigning or taking legitimate industrial action.

3.2

The Union recalled its annual conference in order to vote on whether its membership should be balloted on the issue of taking industrial action. This recalled conference met on 12 September 2002 and voted unanimously to ballot it members on industrial action. The law now requires a ballot to be conducted and this is scheduled for 23 September. If a yes vote is achieved seven days notification must be given to any employer (fire authorities) of any action to be taken. At this stage, the form, duration and nature of action has not been specified

3.3

We wish to advise Members that the Service has been in discussions with the military and other relevant agencies for some time to draw up operational contingency plans. The intention being for a level of service (call taking, dispatch and deployment) to be maintained whatever the action taken and however extensive it is. The response will be based on the resources available, not necessarily on the risk of the incident. The Service is also conscious of the difficult post-industrial action phase and the probable need for reconciliation between employees. As such, the Service's policy will be not to place any members of staff in a position of conflict with those taking action. However, we must recognise the obligation to, and needs of, the community. Also, we will expect - as the FBU locally has committed so to do - for staff to conduct themselves in a professional and dignified manner in line with our fairness and dignity policy.

4

Delegated Powers of the Chief Fire Officer

4.1

The industrial relations situation both locally and nationally is moving quickly. In such a climate it will be important for the Chief Fire Officer to be able to act quickly in relation to financial, operational and contractual decisions. In light of these unusual circumstances, it is perhaps helpful to remind Members that the Chief Fire Officer has delegated powers to act on behalf of the best interests of the Authority in order that it may discharge its statutory duties.

5

European Convention on Human Rights and the Human Rights Act 1998

5.1

The proposals within this report are compatible with the provisions of the European Convention on Human Rights and the Human Rights Act 1998.

Recommendations

1

That the current industrial relations situation be noted.

2

That the Authority notes that the Chief Fire Officer has delegated powers to act in the best interests of the Authority in such circumstances; and will do so in consultation with the Chairman, Clerk and Treasurer to the Authority as appropriate and practicable.

Section 100D - Local Government Act 1972 - background papers

The following documents disclose the facts or matters on which this report, or an important part of it, is based and has been relied upon to a material extent in the preparation of the report.

NB The list excludes:

1 Published works

2 Documents that disclose exempt or confidential information as defined in the Act