UNION THE OFFICIAL dOURNAL OF CARDIFF TRADES UNION COUNCIL MAY-DAY SPECIAL 1993 FREE CONTRACTING OUT STOPS HERE! Government Lawyers have when the Welsh Office backed out backed down in the face of after legal advice that TUPE legal action by the UNISON legislation did apply to catering jobs at UHW, Whitchurch and partner unions in a Velindre hospitals. devastating blow to The regulations mean that a private contracting out policies. contractor would have to take on Thousands of public sector existing staff at current terms and jobs were saved when a series conditions, and guarantee trades of cases testing the Transfer union rights - or pay redundancy of Undertakings (Protection of costs. This makes it impossible Employment) regulations 1981 for private contractors to win (TUPE) yielded crucial legal contracts by cutting in-house bids through cut backs in labour costs. precedents which effectively put an end to contracting out. COHSEGeneral Secretary, Hector MacKenzie hailed the victory as The TUPE legislation was the 'an historic development', and British Government's response to served notice that further court the European Commission's actions would follow. Acquired Rights Directive, which NUPEAssistant General Secretary called upon member states to Roger Poole said that the legislate to protect workers' terms government should now "come and conditions in the event of their clean, accept legal reality, and jobs being transferred to another clear up the uncertainty they are employer. fostering." The government argued that TUPE The significance of the South did not apply to public sector jobs Glamorgan victory was swiftly transferred through contracting underlined when further attempts out, or community care changes. at contracting out were halted: to 200 domestic staff when the South Glamorgan case, the Shadow But atest case brought by COHSE contract had been given to ISS Trust management revoked the • At Goodmayes Hospital in Essex· and NUPE in South Glamorgan Mediclean. After threats of a judicial redundancy notices, saying the now the Redbridge Hospital Trust review, and inthe light ofthe succesful ended in victory for the unions redundancy notices had been issued Continued on Page 2 o a G"MB working together in Wales MAY DAY GREETINGS South West Region, Williamson House, NEW TRADES COUNCIL SECRETARY 17 Newport Road, Cardiff, CF2 1TB Jim Bevan Tel: (0222) 491260 9 Victoria Terrace, Cwmavon, Port Talbot, SA12 9BP Tel 0639-894240 Regional Sec. Ivor J. Thompson EDITORIAL CONTRACTING OUT cont. The Plant report on Electoral Reform was published Department of Health advice was that TUPE should in April, and in classic Labour Party style, after the be applied. reasoned debate comes the in-fighting. • Sixty five police station cleaners were the The Plant report recommended by a small majority next to benefit, when Hertfordshire County the use of the Supplementary vote system. This council replaced redundancy notices with entails the retention of our existing Parliamentary Britain, like many countries, is changing over confirmation of existing contracts, after the Seats, together with a two choice (first and second to digital exchanges which offer, as well as Ridge Crest Cleaning Service withdrew from preference) ballot paper. Wherever the winner has better quality, a range of new services, such the contract - yet another example of this less than 50% of first choice votes cast, all cand~ as call diversion or call waiting. These services dates bar the first two would be eliminated, and government's policy 'in tatters'. are at extra cost, however, and costs differ there would be a recount which would include • Atthe Nottingham Community Trust, where from country to country. Below we print a peoples first and second preferences together. This catering services are due to be contracted would decide the winner. This system was invented simple comparison between France Telecom out, managers have written in to the contract by Dale Campbell·Savours MP, as a simplified and and BT, based on an exchange rate of Ff8 to speeded up version of the Altemative Vote system that Transfer of Undertakings will apply, and £1 that the trust must be indemnified against any (used in the Australian House of Representatives). France Britain The Australian system can be very slow to count, proceedings. Call waiting and can under certain circumstances decide the ADepartment of Health spokesperson admitted £3.75 £4.00 result on peoples fourth or fifth preferences, which that there had been some confusion in Call Diversion £3.75 £7.00 they may have arrived at without a great deal of government departments concerning TUPE, 3 Way Calling £3.75 £4.00 consideration. Naturally this system gives the best result for the Labour Party, retaining a good chance butthatguidlines issued by William Waldergrave All 3 services £7.50 £12.00 of an overall victory, whilst almost eliminating the on 11th Match had clarified the situation. current system's inbuilt advantage to the Tories. Keith Evans, COHSE Whitchurch France Telecom is nationalised. The other system which was narrowly defeated was the Mixed Member System. This is a cut down British Telecom is a private monopoly. version of the Additional Member system used in Germany. Unlike the German system where only half the members are directly elected by the constituency, in this system over 75% would be elected from constituencies, and extra members would be added in proportion to votes cast. No party would be able to get extra seats unless it had won a convential constituency seat. This would effectively eliminate the Greens, and the extremes of left and right from gaining any seats. Both these systems are more proportional than what we have at present, and would to a greater or lesser extent retain the links between MPs and their constituency. They are both British hybrids, and reflect the complexities of voting systems, as no South and West Wales 'perfect' system could be found anywhere in the world. Each system has its advantages and disad- vantages. Branch sends May Day The Lib;Dems favour the Single Transferable Vote. This uses a system of large multi-member con- stituencies (for instance the Euro seats might be greetings to all used, with say 10 MPs elected from each) This is the system used in Australia for the Senate, Eire and Northem Ireland. It almost entirely loses the link Trades-U nionists between MPs and their constituents, but gives excellent proportionality to all but the smallest Branch Secretary: John Slater parties. Naturally it gives the best result for the Lib/ Dems. 1 Bradenham Place, Penarth. Tel: 0222-703539 If the Labour Party finally d,ecides to drop First Past The Post, it will still not however have a common altemative agreed with the LibjDems, and so will still have to win an outright victory at the next election under the existing system, probably without any pre- WORKING TOGETHER IN WALES election pact. How it can do this my crystal ball does Wales Co-operative Centre provides Free Services to help create employment not reveal. What about your's? through Workers' Co-operatives. Alex Bird GPMU Workers' Co-operatives are democratic businesses which two or more people can run, pooling resources and responsibility. Profits are shared, and each member is personally involved in the quality of product or service. Published by Cardiff Trades Council Wales Co-operative Centre has Development Officers based in Bangor, Editor Alex Bird Wrexham, Carmarthen and Merthyr Tydfil, as well as marketing, training and Printed by Fingerprints (TU) Job No. FP4591 financial advisors based in Cardiff. Write to the Editor c/o Fingerprints, Pen-y-WainLane, Roath, CARDIFF. -- FIND OUT MORE _ Tel. 482582 Fax 499429 by phoning Cardiff (0222) 554955 The opinions expressed in Union Eyes are not necessarily those of the Trades Union Council un- WALES CO-OPERATIVE CENTRE less indicated. All material is copyright Cardiff Trades ••• Union Council © 1993 unless otherwise indicated. CANOLFAN CYD-WEITHREDOL CYMRu Reproduction is welcomed by sympathetic publica- L1andaff Court, FailWater Road, CARDIFF CF5 2XP tions, and all fees will normally be waived, provided Founded by Wales TUe. Sponsored by Welsh Office, Welsh publication is not for profit, and a credit is given. Development Agency, Mid Wales Development, E.E.e., County, For further details on the Trades Union Council and Borough and District councils of Wales m its activities, or for affiliation details, contact the Secretary, Jim Bevan, 9 Victoria Terrace, Cwmavon, MAY DAY GREETINGS TO ALL CO-OPERATORS Port Talbot, SA12 9BP, Tel 0639-894240 2 The Welsh Office now has an annual budget cil for Wales and board member of S4C. of over £6 Billion, but most of this money Estimated total salary £85,025 per year. is channelled through the Welsh Quangos • Geoffrey Inkin. Chair of Cardiff Bay Deve~ (Quasi Autonomous Non Govenmental Or- opment Corporation, chair of the Land Author- ganisations), bodies which are account- ity for Wales. Estimated total salary £61,805 able to nobody other than the equally per year. unaccountable Welsh Office itself. So how • Sir Donald Waters. Chair of Uandough do these appointments of lWEMS (Tory Hospital Trust, deputy chair of the WDA, mem- ber of the Development Board for Rural Wales. White Establishment Males as Paul Flynn, Estimated total salary £46,965 per year. MP for Newport West, described them), get made? Serious implications One of the recent appointments to a Welsh Surely serious implications must be drawn Quango, was that of Mr Tony