The University and College Union
Colleagues will recall that on 1 June 2006, the former National Association of Teachers in Further and Higher Education (NATFHE) and the former Association of University Teachers (AUT) merged, to form the University and College Union (UCU).
The merged union replaces the previous bodies which then ceased to exist. This has been confirmed by the Certification Office (which registers and oversees trades unions) and has been confirmed in writing by NATFHE's legal advisers. Consequently it is necessary for the new union to seek recognition.
Human Resources wrote to the former Regional Official of the former NATFHE regarding recognition on 29 June 2006. A response was received on 9 August 2006 but without a formal request for recognition. Three follow up letters asking whether this request would be forthcoming were sent to the Regional Officer on 15 August, 28 September and 17 October 2006. No formal request for recognition has been received to date. The union has continued to assert that recognition continues following the merger of NATFHE and AUT, and has provided a list of UCU representatives and requested time off for trades unions activities. The new UCU full-time officer, who is new to the union, recently informed Human Resources that the union considers itself to be recognised and that, on this basis, it does not intend to submit a request for recognition. The University did however explain to the new full-time officer the reason for the University's view and again requested that a formal request for recognition be submitted.
Colleagues might recall that the initial drafts of the majority of the employment policies and procedures for the merged University were submitted to the October 2002 meeting of the Finance and Human Resources Committee and were approved subject to consultation with the recognised trades unions. Whereas UNISON attended meetings and provided comments on each of these policies at these meetings, NATFHE fielded representatives who did not engage constructively in the process. Following a Joint Consultative and Negotiating Committee (JCNC) meeting, the Chair and Secretary of NATFHE's co-ordinating Committee attended meetings from 31 October 2003 until March 2004 and, after going through the entire set of policies and procedures again, the majority of the first and second tranches were agreed. As a result of NATFHE's initial approach, these policies were not however implemented until March 2004, some 17 months after they were initially submitted to the Finance and Human Resources Committee of the Board of Governors for approval.
Policies on fixed-term contracts and Hourly Paid Lecturers appointments are still however outstanding with the academic trades union. Following many meetings, draft revised documents were sent to NATFHE on 7 November 2003 requesting comments by 24 November 2003. No comments have been provided to date. NATFHE did however communicate to the University and its members that the University was, in its view, in breach of legislation regarding fixed-term and parttime workers, issues which would have been addressed through the draft policies on which NATFHE had failed to provide further comments. Colleagues are advised that the University took action in 2006 to address the issue of fixed-term contracts in the University.
During 2005 and 2006, prior to the dissolution of NATFHE, further draft policies and procedures were sent to the recognised trades unions for comments. Whilst again, UNISON provided comments, NATFHE failed to respond and consequently, the development of the remainder of the University's employment framework has been delayed. NATFHE's conduct was not constructive or conducive to the University's attempts to develop and progress its employment framework.
A report was submitted to the January 2007 meeting of the Finance and Human Resources Committee outlining the potential options in respect of recognition of UCU. This report recommended that UCU be granted recognition on the basis of the statutory minimum i.e. pay, hours and holidays with a view to extending the scope of recognition if, after a satisfactory period, dialogue and conduct had been sufficiently positive and constructive.
Just prior to the Committee meeting, the new fulltime officer of UCU responded to the University's further request for a recognition request. This response stated that UCU had not changed its position in respect of this issue, and that UCU would not be writing a letter to the University to seek recognition since 'we clearly already have it'.
Governors were strongly of the opinion that, as application for recognition by the new Union was not an onerous task, it was unreasonable for the Union not to apply and that the University should not grant recognition without it being applied for. The Committee were also reluctant to agree with the proposed recommendation unless the Union first showed a more positive approach to working with the University. It was noted that failing any assurances from the Union about a more constructive and positive way of working with the University an analysis would be undertaken of any outstanding policy matters and the best approach to take to their determination.