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Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Bill: Certification of Trade Union Membership Details Discussion Paper - Responses

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Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Bill: Certification of Trade Union Membership Details Discussion Paper - Responses Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Bill: certification of trade union membership details discussion paper - responses Contents 1. Broadcasting, Entertainment, Cinematograph and Theatre Union (BECTU) ... 2 2. Chantrey Vellacott DFK LLP ........................................................................... 4 3. Chartered Institute of Personnel and Development (CIPD) .............................22 4. Communication Workers Union (CWU) ...........................................................47 5. Community Trade Union ..................................................................................56 6. DAC Beechcroft LLP...................................................................................... 68 7. Employment Lawyers Association (ELA) ....................................................... 70 8. Engineering Employers Federation (EEF) Response 1 ................................. 95 9. Engineering Employers Federation (EEF) Response 2 ................................. 97 10. Engineering Employers Federation (EEF) Response 3 ................................. 98 11. FDA................................................................................................................100 12. Liberty ............................................................................................................110 13. Musicians Union.............................................................................................125 14. National Association of Head Teachers (NAHT)............................................127 15. National Union of Journalists (NUJ)...............................................................145 16. National Union of Teachers (NUT).................................................................147 17. Pinsent Masons LLP ......................................................................................153 18. Popularis Ltd..................................................................................................166 19. Public and Commercial Services Union (PCS) ..............................................172 20. Queen Alexandra College..............................................................................182 21. Royal College of Midwives (RCM) .................................................................184 22. Society of Radiographers...............................................................................191 23. Thompsons Solicitors................................................................................... 193 24. Trade Union Congress (TUC) ...................................................................... 202 25. Union of Construction, Allied Trades and Technicians (UCATT) ................. 214 26. Unite the Union ............................................................................................ 217 27. Universities and Colleges Employers Association (UCEA) .......................... 219 28. University and College Union (UCU)............................................................ 232 29. Welsh Government ...................................................................................... 233 Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Bill: certification of trade union membership details discussion paper - responses Broadcasting, Entertainment, Cinematograph and Theatre Union (BECTU) BECTU I’m responding to the above consultation on behalf of BECTU, the media and entertainment union with nearly 25,000 members. We were represented at a meeting with officials yesterday at the TUC, and I understand that responses from attendee unions will be accepted today for consideration. The Broadcasting, Entertainment, Cinematograph, and Theatre Union wishes to associate itself firmly with the response submitted by the Trades Union Congress, which I understand will be sent to you later today. In addition, we wish to make a few comments in our own right: 1. We do not understand what problem this piece of legislation is meant to solve. At present our AR21 Annual Return to the Union Certification Officer is prepared by independent accountants and auditors, and as part of this process they perform a thorough audit and reconciliation of our membership list and subscription income. This verifies not only that we have collected and accounted for all monies owed by members, but also identifies whether they are still in membership and contactable. As a union whose membership is more than 50% freelance we have a vested interest in keeping our records up to date in order to collect subscriptions from members, and have no doubt that our processes and systems will stand up to rigorous scrutiny. 2. If the requirement for an annual membership audit certificate becomes statute, we are strongly of the view that qualified auditors, amongst others, should be able to act as independent assurers, and would intend to contract our existing auditors to carry out the work. 3. The need for a meeting of all union members, or an appropriate delegate meeting, before an independent assurer can be dismissed seems unduly onerous. It is not in line with our prerogative in appointing accountants, auditors, and legal advisers, and is likely to become such a severe impediment to changing assurers that competition will be severely restricted in a marketplace that, after all, is going to be very small. 4. The proposed right of the Certification Officer to inspect and copy union membership records should explicitly be subject to a duty of confidentiality and in accordance with Data Protection Principles. We see a glaring contradiction between the CO’s new rights, and our current obligation under the Data Protection Act to preserve Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Bill: certification of trade union membership details discussion paper - responses confidentiality of members’ information. We take this duty very seriously, and routinely expend significant sums of money on technical testing to ensure that our electronic data is secure, and inaccessible to unauthorised parties. I hope these additional comments can be taken into consideration when you review responses to the consultation. Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Bill: certification of trade union membership details discussion paper - responses Chantrey Vellacott DFK LLP Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Bill: certification of trade union membership details discussion paper - responses Chartered Institute of Personnel and Development (CIPD) Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Bill: Certification of Trade Union Membership Details Consultation Submission to the Department for Business, Innovation and Skills Chartered Institute of Personnel and Development (CIPD) September 2013 Background 1. The CIPD is the leading independent voice on workplace performance and skills. Our primary purpose is to improve the standard of people management and development across the economy and help our individual members do a better job for themselves and their organisations. 2. Public policy at the CIPD exists to inform and shape debate, government policy and legislation in order to champion better work and better working lives, especially for young people. Our views are informed by evidence from 135,000 members responsible for the recruitment, management and development of a large proportion of the UK workforce. 3. Our membership base is wide, with 60% of our members working in private sector services and manufacturing, 33% working in the public sector and 7% in the not-for-profit sector. In addition, 76% of the FTSE 100 companies have CIPD members at director level. We draw on our extensive research and the expertise and experience of our members on the front-line to highlight and promote new and best practice and produce practical guidance for the benefit of employers, employees and policy makers. General Comments 4. The CIPD sought feedback from members on the maintenance of trade union membership records, by means of an online survey. A total of 54 respondents answered all or some of the survey questions, with the majority of respondents (68.52%) having Chartered Member status or higher. Respondents worked across a wide range of sectors and industries and undertook a range of professional responsibilities. Please find below a summary of responses received along with the raw survey data at the end of the document. Feedback on survey responses by CIPD members: August 2013 How far are employers involved in helping to maintain union membership records? 5. The most frequent answers were “very little” or “not at all”. The most helpful individual comment was: “Unions do ask my organisation for information on their members on occasion; this information though is only known for those members who pay subs via pay roll and there are data protection implications for how such data is used.” Other answers also focused on deduction of subscriptions from payroll, suggesting that this is the main (possibly only) area where employers are likely to become involved with membership records. This also tends to confirm that it is not seen as a strategic issue. Are you aware of problems with union membership records? If so, can you provide examples? 6. A predictable mainstream response was “We have no confidence in the accuracy of the numbers provided”. Another respondent made clear that “We don't know who is
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