Conduct Code – New Approach for CWU Representatives

[Geezer]

Dear Colleagues

Please see the attached LTB which sets out the new agreement to replace the current National Appeals Panel (NAP). For those of you who are unaware of this matter, the NAP deal with serious conduct / dismissal cases involving CWU Reps.

If anyone would like any more detail on this please let me know.

Thanks

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Letter to Branches




No. 687/11 Ref: 30000a Date: 5th August 2011

TO: ALL BRANCHES WITH POSTAL MEMBERS



Dear Colleague

Conduct Code – New Approach for CWU Representatives

In accordance with the Business Transformation 2010 and Beyond Agreement, the national parties were due to review the existing National Appeals Panel (NAP) Procedure for CWU Representatives.

As part of the review the following concerns were jointly identified as issues that needed to be addressed in any new procedure:

• The need to ensure CWU Representatives received parity of treatment with other employees and that they are not treated unfairly in alleged conduct cases because of their trade union activities.

• The need for any new procedure to be able to demonstrate in practice growing confidence in the relationships between Royal Mail and CWU at all levels.

• The need to reduce the overall amount of cases being heard by putting in place mechanisms that encourage early intervention and sensible resolution of cases prior to the NAP.

• Whilst maintaining the independent element of the NAP, the need to reduce the excessive cost associated with the current format.

Following a series of meetings with the company a new procedure has now been agreed, a copy of which is attached to this LTB.

The salient points of the new procedure are as follows:

• A clear and stronger set of key principles that underpin a new approach, designed to encourage cases being resolved informally wherever possible.

• A step by step approach that also provides for formal intervention by Divisional Representatives, giving them a greater role in influencing the outcome of alleged CWU Rep Conduct cases.

• The formal intervention at step 3 of the process will for the first time, set out a menu of options whereby the manager and Divisional Representative can determine informal resolution following a fact finding investigation. The menu of available options for informal resolution include:




- Counselling
- Mediation, including restoring relationships
- Industrial/behavioural/relationship training
- Action under the CWU’s own disciplinary procedure

• The new Procedure retains the right for an independent appeal panel hearing against dismissal (including summary dismissal) and suspended dismissal with a transfer. It also provides for a National Appeal Panel Hearing for a serious warning with a transfer. In order to build confidence in the overall approach, suspended dismissals with no attached penalty, will now be heard by one of Royal Mails independent appeals managers. However, if a suspended dismissal subsequently triggers a full dismissal in a separate case, the individual would have the right for the original decision to be taken into account at their NAP hearing.

• The new Procedure will be subject to a 12 month trial period and includes two review stages at 6 and 12 months. These reviews will test the success of the Procedure against agreed criteria and the key principles that underpin the new approach.

There can be no doubt that the new procedure, applied correctly, will give CWU Representatives stronger protection in the future. The new procedure places a greater responsibility on managers to pursue informal resolution through the agreed menu of options. Furthermore, the step by step process will also make both parties test, more vigorously, whether or not the alleged incident has really come about because of poor industrial relations, rather than a formal breach of the Conduct Code. Both parties now have a responsibility to conduct themselves in a way that supports the commitment to a new relationship and minimises the use of these procedures.

Financial Savings for CWU

Although the original NAP Agreement included provision for shared costs of the independent process, in the last few years the Union has pursued a line of argument that it was not appropriate for CWU to pay costs towards what remains an internal procedure.
We had also raised concerns about what we saw as excessive costs for providing Independent Chairs at the same rate as what they could earn within their legal profession. As this debate continued we declined to contribute to the hearings and this built up outstanding payments of approximately £250,000. We are now pleased to report that Royal Mail has accepted our position and agreed that the Union will not have to pay any ongoing costs associated with the Independent Chairs and the actual hearings.

Furthermore, as a result of reaching this agreement, both parties agreed that in the interest of improving relationships we should review the outstanding issues of disputed debts and subsequently reached an amicable conclusion. As part of this, Royal Mail has agreed to waiver the outstanding NAP costs of approximately £250,000. Additionally, having reviewed the overall outstanding local Branch debts for unpaid leave etc., the company has agreed to reduce the overall amount from approximately £1 million to £200,000. Many of our local Branches will be aware that this was an ongoing issue. This arrangement has been confirmed with the SDGS.









Launch of the New Procedure

It was originally agreed to launch the new Procedure on the 1st July. However, given the fact that agreed training had to be postponed because of the London Mail Centre talks, the national parties have now agreed to officially launch the new Procedure on the 1st September 2011.

The launch will be supported by appropriate training and communications for the relevant Regional Managers and CWU Divisional Representatives at a seminar in the next few weeks. Flowing from this further communications will be rolled out to all appropriate managers and representatives.

Could Branches please ensure that the terms of this LTB and the new procedure are copied to all CWU Representatives.

We are currently awaiting confirmation from the company that the procedure will also apply for CWU Representatives in Parcelforce and Post Office Limited. This would involve the relevant Regional CWU Representatives in these businesses carrying out the role of Divisional Representatives. Further information will be sent out, on this aspect, in due course.

Any enquiries should be directed to the DGS (P) Department.


Yours sincerely



Dave Ward
Deputy General Secretary (P)




Conduct Code – New Approach for CWU Representatives



1. Purpose

A key part of the Business Transformation 2010 and Beyond Agreement is the commitment from Royal Mail and CWU to fundamentally transform relationships, whilst building a culture of mutual interest between managers, union and employees.

To support the new approach it was agreed to review all existing HR procedures, including the National Appeals Panel (NAP) process for CWU representatives.

The review of the NAP is concluded with the introduction of a new procedure for dealing with alleged misconduct by accredited Union representatives. This procedure will be trialled for a period of 12 months and assessed against the review criteria in section 7. The details of the new procedure are set out below.

2. Key Principles

The new procedure is underpinned by the following key principles.

- To ensure disciplinary issues concerning CWU representatives are processed in line with the general principles contained in the Royal Mail Conduct Code Agreement and that there is parity of treatment between Union Representatives and employees.

- To demonstrate that CWU representatives involved in alleged misconduct issues are not treated unfairly as a result of their trade union activities.

- To ensure that due consideration is given to all the circumstances that led to the alleged misconduct and that informal resolution is pursued wherever possible.

- To ensure that individuals involved in the process have their cases completed in a timely manner, consistent with the timescales contained in the Royal Mail Conduct Code Agreement.

- To provide a cost effective and fair process which has the confidence of all involved.

3. Roles and Responsibilities

All Royal Mail managers and CWU representatives involved in this process have a responsibility to ensure this procedure is applied fairly and in line with the content and spirit of the procedure.

To make this procedure work effectively in practice, it is incumbent on all participants to gain a good understanding of the whole process. Both Royal Mail and CWU will support relevant individuals with appropriate workshops.

4. Scope

The approach for union representatives applies only to accredited CWU representatives. A full list is attached at Appendix A.


5. Approach for Union Representatives

Step 1 – Following alleged misconduct by a union representative the line manager will discuss the issue with the individual to establish if the matter can be concluded between the two parties to everyone’s satisfaction. Where this can be achieved then the matter is closed and the process ends at this point.

Step 2 – If the matter cannot be resolved at Step 1 and further action is being considered, then a fact finding interview should take place to determine whether a charge should be made. The line manager will advise the CWU Divisional Representative when formal fact finding is to be progressed. This will be by telephone initially and followed up by email.

Step 3 – Within one week of completion of formal fact finding under the Conduct Code, a meeting will be held between the manager undertaking the fact finding interview, their line manager and a CWU Divisional Representative. The purpose of this meeting is to share the facts that have been established, take into account the Union representative’s role, the nature of the alleged misconduct and determine whether the matter can be resolved through any of the following actions

1. Counselling
2. Mediation including Restoring Relationships
3. Industrial/behavioural/relationship training
4. Action under the CWU’s own disciplinary procedure

The above are not mutually exclusive and where it is determined that informal resolution is appropriate this may involve one or more of these actions being taken in combination.

Step 4 – As a result of the meeting the line manager will first reflect on the fairness principles that underpin the business HR policies and then determine one of the following outcomes.

(A) No further action to be taken following fact finding, the matter is closed and the process ends at this point. The individual concerned will be advised accordingly in writing.

(B) The matter is to be progressed in line with one or more of the approaches listed in Step 3. Follow up action will be taken to ensure completion and the individual will be advised accordingly in writing.

(C) The matter will be progressed and concluded through the Conduct Code with a formal charge in accordance with the normal Conduct Code timescales and procedures. The individual will be advised accordingly in writing.

In addition, the appropriate Regional Director and the CWU Deputy General Secretary (Postal) should also be formally advised in writing of the charge and any subsequent decisions.

Step 5 – Where conduct action is taken resulting in a penalty being awarded the accredited Union Representative will have the right of appeal as detailed below.



• Appeals against dismissal, suspended dismissals and serious warnings both with accompanying disciplinary transfers only will be heard by an Independent National Appeals Panel in accordance with this Procedure.

• Appeals against suspended dismissals will be heard by an Independent Appeals Manager.

• Appeals against all other penalties will be heard by an Appeals Manager in line with normal Conduct Code Procedures.

6. The National Appeals Panel

As part of this approach an accredited CWU Representative has the right for their appeal to be heard by the National Appeals Panel when the appeal is against the following penalties:

• dismissal (including summary dismissal)
• suspended dismissal with an accompanying disciplinary transfer
• serious warning with an accompanying disciplinary transfer.


The National Appeals Panel consists of an Independent Chair, an Independent Royal Mail Appeals Manager and an Independent member of the CWU National Executive Council.

The National parties will develop a professional and cost effective panel of Independent Chairs

A decision will be reached on either a unanimous or majority basis and will conclude the discipline procedure.

The National Appeals Panel will operate in accordance with the Guidelines in Appendix B.

7. Review

Joint reviews of this approach will take place after 6 and 12 months. Input will be taken from National Appeals Panel members to inform the reviews and assist the evaluation. This will be a learning process which will consider:-

- the success of the procedure set against the agreed key principles being consistently delivered in practice

- achievement of key process timescales consistent with the appeals undertaken by Independent Appeals Managers

- if the total number of cases and penalties has decreased, including suspended dismissal

- if the new approach outlined in section 5 has worked i.e. a reduction in the number of cases

- any improvement opportunities

- whether confidence and trust has improved to a level whereby the national parties can reduce reliance on external people and provide a greater role for Royal Mail’s Independent Appeals Managers.


NB In the case of dismissal appeal hearings in which a previous unexpired suspended dismissal decision is relevant, the panel will consider any representations relating to the original decision and take these into account in reaching their conclusions.