51¸£Àû

51¸£Àû/2001 Ìý6 September 2021

University and College UnionÌýÌýÌýÌýÌý

Carlow Street, London NW1 7LH, Tel. 020 7756 2500, www.ucu.org.uk

ToÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌý Branch and local association secretaries, special conference delegates

TopicÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌý FINAL AGENDA: Report of the Congress business committee: Special higher education sector conference – HE dispute(s), including New JNCHES, USS, TPS, and any possible links between them

ActionÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌý Conference takes place on line Thursday 9 September 2021; delegates to make their speaking requests in advance by 17:00 Wednesday 8 September

Summary ÌýÌýÌýÌý Final agenda for special HE sector conference taking place on 9 September 2021

 

FINAL REPORT OF THE CONGRESS BUSINESS COMMITTEE

Special higher education sector conference: HE dispute(s), including New JNCHES, USS, TPS, and any possible links between them

9 September 2021

On-line conference

 

1ÌýÌýÌýÌýÌýÌý Motions and amendments for debate

The motions and amendments set out in this report form the agenda for the special HE sector conference described above.

The Congress business committee met on 3 September and ordered five amendments into the agenda (2A.1, 3A.1, 7A.1, 10A.1, 10A.2). Amendment 2A.1 is a compositing amendment, included at the request of a party to the composite motion. One amendment and one clause of another amendment (10A.2) were not ordered into the agenda as it was considered that they materially changed the policy of the motion (Congress standing order 51 iv). These can be found at the end of the agenda as amendments A and B.

One motion which had previously been ruled off the agenda as not within the business of the special conference, was ordered onto the agenda following representation from the submitting branch (motion B4, now ordered after motion 5).

The original text of composite motions was appended to CBC’s first report , which also included important information about conference arrangements.

2 ÌýÌýÌýÌýÌý Arrangements for the conduct of business, including voting

Due to the conduct of this meeting on-line, it is not possible for business to be conducted in keeping with all parts of the union’s usual Congress standing orders. This meeting will be conducted on the same basis as other on-line sector conferences held over the past year.

Those arrangements for the conduct of business set are out in the appendix to this report. Conference delegates will be asked to vote in advance, via a unique emailed link, to adopt these arrangements for the conduct of business, and to adopt this agenda, the second report of the Conference business committee.

Voting on motions will take place after the meeting. Delegates who attend will be emailed with a unique link to cast their votes on-line.

2.1ÌýÌýÌý Speaking to motions – advance requests must be made

Delegates are urged to make their advance speaking requests as early as possible. The form will remain open until 17:00 on Wednesday 8 September at /hesc_Sept21

 

3ÌýÌýÌýÌýÌýÌý Timetable for HE special sector conference, Thursday 9 September 2021

10:30 ÌýÌýÌýÌýÌýÌýÌýÌý On-line log-in opens

11:00ÌýÌýÌýÌýÌýÌýÌýÌý Special sector conference opening business:

ÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌý Welcome and chair’s business

ÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌý Conference arrangements

ÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌý Report of the Congress business committee

11:15ÌýÌýÌýÌýÌýÌýÌýÌýÌý Update from Paul Bridge, Head of higher education

11:25ÌýÌýÌýÌýÌýÌýÌýÌýÌý Debate of motions: Section 1, USS (motions 1 – 6)

ÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌý Note: if motions 1-6 are concluded before 13:00, debate of motions 7-13 will begin before the break.

13:00ÌýÌýÌýÌýÌýÌýÌýÌýÌý Break*

14:00ÌýÌýÌýÌýÌýÌýÌýÌýÌý Debate of motions, continued:

Section 2, Pay and Four Fights (motions 7 – 10)

Section 3, Co-ordination of disputes (motions 11-13)

15:55ÌýÌýÌýÌýÌýÌýÌýÌýÌý Closing business

16:00ÌýÌýÌýÌýÌýÌýÌýÌýÌý Close of special conference

*An additional short break will be included in the morning and afternoon sessions as directed by the chair.

All business will be taken in private session.

 

4ÌýÌýÌýÌýÌýÌý Registration of delegates

All delegates must be registered in advance. Registration closes at 17:00, Tuesday 7 September. See /hesc_Sept21

All registered delegates will be contacted directly with information about joining this meeting.

On the day of the conference, delegates are asked to join the meeting in advance of the start time. Only those registered to attend the conference will be admitted.

Enquiries in respect of delegate registration and accessing the meeting should be directed to Sue Bajwa, sbajwa@ucu.org.uk in the first instance.

 

 

 

 

Higher education special sector conference, 9 September 2021

Special higher education sector conference – HE dispute(s), including New JNCHES, USS, TPS, and any possible links between them

 

Motions for debate

Section 1: USS

In respect of motions in section 1, USS, delegates will be asked to respect the long-established convention that only delegates from USS institutions vote on motions which relate to USS.

CBC advice on consequentials – If motion 1 is passed, the following will fall:

Motion 2

Motion 3, point 2, and amendment 3A.1

Motion 4, point a

Motion 10, points a, b and c

Motion 13, point a.

 

1ÌýÌýÌýÌýÌýÌý Timing of Industrial Action on USSÌýÌýÌýÌýÌýÌýÌýÌý Ìý Bangor University

SHESC notes:

1.     that the recommendations of the Superannuation Working Group (SWG) were adopted at HESC on 2/6/2020;

2.     the SWG recommendation that we negotiate, campaign and lobby for the protection of USS member benefits at current levels and pressure employers to reject cuts to future benefits;

3.     the SWG recommendation that we use all the campaigning and industrial tools at our disposal up to and including a ballot for industrial action.

SHESC believes that a strong result in an industrial action ballot is more likely to be achieved if the ballot comes at the culmination of an effective member-led campaign, which takes time to organise.

SHESC therefore resolves that a ballot on industrial action is called when HEC judges that the USS negotiators have had sufficient time to explore all options with the employers’ representatives and the USS Trustee and branches have had sufficient time to organise for victory.

CBC advice on consequentials – if motion 1 is passed, motion 2 will fall

2ÌýÌýÌýÌýÌýÌý Composite: Enact HESC motions HE12 – launch the USS ballot nowÌýÌý Imperial College London, University College London

HESC notes that:

1.     the June 2021 HESC motion HE12 was passed with amendment 12A.1 committing the union to organise a member-level campaign and ballot members for industrial action over the summer from June to September, should the employers not join 51¸£Àû in pressuring USS and the pensions regulator to cancel the 2020 valuation in favour of a new 2021 valuation using an "evidence-based moderately prudent approach".

2.     the employers did not do so. But HEC failed to enact motion HE12.

HESC resolves to

a.     ensure HEC does not repeat this mistake

b.     immediately begin the balloting of members for industrial action to defend the USS DB scheme on the basis of its HESC mandate, on a schedule sufficient to enable members to take action in the Autumn Term.

c.     implement the public campaign among members outlined in the aforementioned resolution.

2A.1 ÌýCompositing amendmentÌý UCL

Replace "to defend the USS DB scheme on the basis of its HESC mandate" with "to defend the USS DB scheme on its current basis".

CBC advice on consequentials – if motion 1 is passed, point 2 of motion 3 and amendment 3A.1 will fall

If motion 3 amended by 3A.1 is passed, point a. of motion 4 will fall.

3ÌýÌýÌýÌýÌýÌý Defend USS defined benefitsÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌý Lancaster University

SHESC notes the threat to USS defined benefits of massive contribution increases or benefits being slashed as a result of the Covid 2020 valuation.

SHESC believes that it is very likely that the current UUK proposal to cut our benefits, supported by USS, will be passed at the next USS JNC so that employers can save on their contribution. 

SHESC instructs HEC to:

1.ÌýÌý Declare a dispute with UUK over the employers’ failure to push for a 2021 valuation.

2.ÌýÌý Organise a ballot over USS. The ballot should be disaggregated, and should run from last week in September 2021 to last week in October 2021, for industrial action in November/December 2021.

3.ÌýÌý Ensure that industrial action is escalating.

4.ÌýÌý Produce USS campaign and communication materials immediately for branches.

5.ÌýÌý Start preparing for a massive GTVO.

3A.1  University of Kent

 Point numbered 2, after ‘The ballot should be disaggregated, and should run,’ delete remainder of clause and replace with ‘for at least 7 weeks, giving branches sufficient time to run an effective GTVO campaign.’

Add:

HEC commits to fully support branches facing job cuts, enabling co-ordinated ballots and industrial action over local issues with national disputes.

CBC advice on consequentials – if motion 1, or motion 3 amended by 3A.1, are passed, point a. of motion 4 will fall.

4ÌýÌýÌýÌýÌýÌý Take action, defend USS defined benefitsÌýÌýÌýÌýÌýÌý University of Glasgow

HESC notes the threat to USS of massive contribution increases or benefits being slashed as a result of the Covid 2020 valuation. 

HESC believes 

1ÌýÌýÌý USS is able to afford current benefits at current or lower costs so there is no need for these changes. 

2ÌýÌýÌý If not stopped, this could easily become the first step in introducing full DC. 

3ÌýÌýÌý Industrial action is necessary to defend the Defined Benefits (DB) scheme. 

HESC instructs HEC to 

a.     Call for a ballot and strike action and ASOS, with strike action to start in week of 11 November. An indicative timetable is HEC on 17 September, ballot from 24 September to 25 October. The subject of dispute should be the employers’ failure to take measures to defend DB. 

b.     Organise massive GTVO campaign and produce materials to support this. 

c.     Encourage members and branches to build support amongst students, other trade unions and the local community.

5ÌýÌýÌýÌýÌýÌý Defending Defined BenefitÌýÌýÌý University of Dundee

Conference notes the jump in USS asset values to about £85 billion. 

Conference believes that: 

1.     All the evidence shows that current benefits can be paid from 26% contributions or less. 

2.     Affordability for lower paid members should be obtained by maintaining current benefits at lower costs. 

Conference instructs negotiators to: 

a.     Defend current benefits for member payments no greater than 9.6% and payments for lower paid members of 0% and 4%.Ìý 

b.     Put forward demands for reform of scheme governance to increase 51¸£Àû representation on the board of the USS Ltd, to increase transparency and improve oversight of the USS executive, and to withdraw the DB scheme from Master Trust regulation.

B4ÌýÌýÌýÌý Conditional Indexation of USSÌýÌýÌýÌýÌýÌý Bangor University

SHESC notes:

1.     Principle 5 of the 2021 SWG report which calls for the exploration of Conditional Benefits on terms acceptable to 51¸£Àû members.

2.     the Joint statement from Cambridge and Oxford universities and their 51¸£Àû branches on Conditional Indexation

SHESC believes that:

a.     a contribution rate of 25-30% of salary should be sufficient to secure a good pension for staff who are members of USS, but that the USS Trustee’sÌý current approach to risk makes it difficult to obtain good value for money.

b.     Conditional benefits might make it possible for USS to continue as a collective, mutual, multi-employer scheme with an ability to invest for the long term in growth-seeking assets.

SHESC therefore resolves that 51¸£Àû should initiate exploration of the feasibility and promise of Conditional Benefits (or Conditional Indexation).

6ÌýÌýÌýÌýÌýÌý Defend USS defined benefits by lobbying MPsÌýÌýÌýÌýÌýÌýÌýÌý Lancaster University

SHESC notes the threat to USS defined benefits of massive contribution increases or benefits being slashed as a result of the Covid 2020 valuation.

SHESC believes that it is very likely that the current UUK proposal to cut our benefits, supported by USS, will be passed at the next USS JNC so that employers can save on their contribution. 

SHESC instructs HEC to produce a letter for USS members to send to their MPs requesting their support in resolving the USS dispute by: derecognising UUK as representing the university sector, raising the issue with the Work and Pensions Committee and raising shortcomings in the Pensions Act 2004 that need addressing.

 

 

Section 2: Pay and four fights

CBC advice on consequentials - if any of motions 7, 8 and 9 are passed, motion 10 point d. will fall.

7ÌýÌýÌýÌýÌýÌý Campaigns over pay/Four Fights and USSÌýÌýÌýÌýÌý Newcastle University 

Conference notes: 

1.     The ballot on the 2020-21 pay ‘award’ which produced an 86% rejection by members 

2.     The branch delegate meetings in April to canvas opinion on the pay campaign 

3.     The employers’ unacceptable offer for 2021-22 of 1.5%

4.     The motions calling for action over pay/Four Fights at HESC (HE1-5), and on USS (HE12) all of which were carried 

5.     The amendment HE2A.1 committing the union to coordinate the fight over pay with the fight to defend USS as a defined benefit pension. 

Conference believes that now is the time to set the timetable and organise the ballot for action, not for further consultation and prevarication. 

Conference calls on HEC to implement the HESC motions and organise the campaigns over pay/Four Fights and USS.

7A.1 Anti casualisation committee

After ‘conference notes: 5’ Add:

'6: That 33% of HE employees are on casual contracts (HESA data). Increasing casualisation is detrimental to both casualised and permanent workers, directly reducing job security and conditions, indirectly damaging sector pension schemes by increasing opt-out.'

Add at end (after ‘Four fights and USS’)

'Conference resolves that campaigns incorporate clear communications on how casualisation affects all members in 4Fights and USS disputes, and specifies visible actions for all members to carry out, with the General Secretary allocating extra resources to deliver this.' 

8ÌýÌýÌýÌýÌýÌý Ballot members over the 2021-22 pay roundÌý University College London

HESC notes

1.     That the 2021-22 pay round has resulted in UUK recommending employers impose a 1.5% increase, and no progress on casualisation, equality, workload or redundancies.

2.     The success in increasing GTVO turnout in 2019 by placing both ballot papers in the same envelope.

HESC resolves to ballot members over the 2021-22 pay round, in the same envelope as USS where possible.

 

9ÌýÌýÌýÌýÌýÌý The pay/Four Fights campaignÌý University of Brighton, Grand Parade and University of Brighton Moulsecoomb

Conference notes

1.     The unresolved disputes with UCEA over the 2020/21 and 2021/22 pay claims.

2.     The need for an industrial campaign to defend USS by members in pre-92 institutions.

3.     Despite the pandemic, student numbers have continued to rise, making the HE sector richer than ever.

Conference believes pensions are deferred pay. Defending pensions is inseparable from fighting over pay, pay equality, casualisation, redundancies and workloads.

Conference resolves

a.     To ballot all HE members for industrial action in pursuance of the 2021/22 pay claim.

b.     The ballot should be disaggregated and run concurrently with the USS ballot, or as soon as possible thereafter if that is impossible, with a view to action beginning in November.

c.     Strike action should be escalating and indefinite, and coordinated where possible with action over USS.

CBC advice on consequentials – if motion 1 is passed, motion 10 points a., b., and c. will fall.

If motions 2, 3 or 4 are passed motion 10 up to and including point c. will fall.

If any of motions 7, 8 and 9 are passed, motion 10 point d. will fall.Ìý

If motion 7 amended by 7.1, is passed, amendment 10A.2 will fall.

Motion 10 will be voted on in two parts.

In line with the long-established convention that only delegates from USS institutions vote on motions which relate to USS, only these delegates with be asked to vote on motion 10 up to and including point c.

All delegates will be asked to vote on motion 10 point d.

10ÌýÌýÌýÌý What a win looks likeÌý University of Nottingham

Conference notes:

1.     The failure of employers to recognise and address the root causes of the USS and 4Fights disputes

2.     The widespread frustration and disappointment of members at this failure

3.     The need for a clear answer to the question: what does a win look like? when planning industrial action

4.     The USS dispute, whilst complex, can achieve a clear win

5.     A cut to pensions is a cut to pay

Conference resolves:

a.     To prepare for ballot on USS and identify a simple and clear battle cry around which members can rally

b.     To fully support branches in in the GTVO campaign

c.     To develop an IA strategy that includes strike, and other forms of creative action, that maximise the opportunity for the union to achieve its objectives

d.     To continue the campaign for the 4Fights with vigour, determination and all means possible, bar strike action for now.

10A.1ÌýÌýÌýÌýÌýÌýÌýÌý Ìý University of Swansea

Add at end of motion 10 (i.e. as continuation to paragraph d. with comma after ‘for now’): 

and develop a medium to long-term strategy on pay and equalities, given that there is little evidence that a repeat of previous industrial action will result in a successful outcome and further unsuccessful action can only weaken the union’s negotiating position for future bargaining rounds.

10A.2Ìý Anti casualisation committee

After ‘conference notes: 5’ Add:

6: That 33% of HE employees are on casual contracts (HESA data). Increasing casualisation is detrimental to both casualised and permanent workers, directly reducing job security and conditions, indirectly damaging sector pension schemes by increasing opt-out.

After ‘Conference resolves: d)’ add:

Conference resolves that campaigns incorporate clear communications on how casualisation affects all members in 4Fights and USS disputes, and specifies visible actions for all members to carry out, with the General Secretary allocating extra resources to deliver this.

CBC advice on consequentials – if motion 11 is passed, motions 12 and 13 fall.

11ÌýÌýÌýÌý Separating Four Fights and USS Negotiations Glasgow Caledonian University

SHESC notes:

1.     the importance of an improved JNCHES settlement in the fight against casualisation, damaging workloads, race and gender inequality, and pay erosion;

2.     the need to fight back against the continuing threat to our pensions, particularly USS. 

SHESC also believes that:

a.     these are two distinct campaigns, targeting different employer bodies, UCEA and UUK, where the latter involves pre-1992 universities only;

b.     the USS dispute cannot be resolved at JNCHES, and pay and conditions cannot be negotiated with UUK or the USS Trustees;

c.     binding the issues together into a single dispute hinders the work of our two teams of national negotiators;

d.     and that making success in one campaign reliant upon success in the other hinders success in both.

Therefore, SHESC resolves to continue to campaign on both issues in a co-ordinated manner, while pursuing a resolution in the two disputes independently of each other. 

12ÌýÌýÌýÌý Combining Four Fights and USS DisputesÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌý University of Leeds

HESC believes that:

1.     The four fights and USS issues are inextricably linked. Low pay, pay inequality and job insecurity mean poorer pensions and a worse retirement, and some members cannot afford pension contributions.

2.     Solidarity between different groups of members (casualised/permanent, different pay grades, equality groups, academic/related, pre- and post-92 branches) was hugely important during the 2019-2020 industrial action.

3.     Continued solidarity will be vital to winning the disputes and for building the union.

4.     It is therefore crucial not to separate the disputes or give priority to either.

HESC resolves to:

a.     Coordinate the four fights and USS campaigns, highlighting the links. 

b.     Give parity to both disputes in strategic planning, balloting and publicity, ensuring that all affected branches have a voice in developing the dispute strategy.

c.     Ballot and take action on both disputes concurrently. 

d.     Coordinate action with sister unions, if possible, to improve effectiveness.

CBC advice on consequentials - if motion 1 is passed point a. of motion 13 will fall.

13ÌýÌýÌýÌý Building on successful member led actionÌýÌýÌýÌýÌýÌý University of Dundee

Conference notes:

1.     the failure of HEC to hold a Special HE Sector Conference in the first two weeks of August 2021 on the topic of HE dispute(s), including New JNCHES, USS, TPS, and any possible links between them and consequently the missed opportunity to initiate industrial action at the start of academic year 21/22 when the impact on employers would have been greatest.

2.     the success of member led actions in resisting attacks by employers on our terms and conditions of employment 

3.     the growth of member led 51¸£Àû Solidarity Movement and its support for industrial action in defence of pension, pay and conditions

Conference resolves

a.     To move immediately to disaggregated ballots for industrial action in respect of pension, pay and conditions.

b.     To co-ordinate joint action across the disputes and highlight the wider crisis of funding in post-16 education.

 

 

AMENDMENTS NOT ORDERED ONTO THE AGENDA

IÌýÌýÌýÌýÌýÌýÌý Amendments considered to change the meaning of the motion

AÌýÌýÌýÌýÌýÌý University of Liverpool

Motion 1, Delete final paragraph and replace with

SHESC resolves to conduct an industrial action ballot that provides branches with maximum leverage over employers. A disaggregated ballot will be conducted that finishes at the end of January 2022 to provide the opportunity for a sector-wide summer marking and assessment boycott.

BÌýÌýÌýÌýÌýÌý Anti-casualisation committee

 Clause not ordered from amendment 10A.2: Under ‘Conference resolves: d)’ delete ‘bar strike action for now’.

 

Appendix: Principles for the conduct of business on-line

The agenda

1.ÌýÌýÌýÌýÌý Motions and amendments for this conference meeting are those submitted by the published deadlines.

2.ÌýÌýÌýÌýÌý The Congress business committee will order motions and amendments for debate.

3.ÌýÌýÌýÌýÌý No emergency motions will be accepted during the course of the sector conference meeting.

4.ÌýÌýÌýÌýÌý The conference will be asked to adopt the agenda as circulated in CBC’s second report. This vote will be conducted by on-line ballot prior to the opening of the first session of the conference.

5.ÌýÌýÌýÌýÌý No business that does not appear on the agenda will be brought before the conference.

Conduct of business

6.ÌýÌýÌýÌýÌý The chair of the sector conference shall be as set out in the Congress standing orders. The quorum for the conference shall be as set out in the Congress standing orders.

7.ÌýÌýÌýÌýÌý All delegates who wish to speak in the debate of motions, including movers and seconders of motions, shall give advance notice of their wish to speak, including an indication of whether they will speak for or against a motion, in accordance with instructions issued by 51¸£Àû head office, which will include a deadline for such notification. The submission of a request to speak in a debate does not guarantee that a delegate will be called to speak. The chair will order and call speakers with due regard to a balanced debate, the participation of different delegates across the conference, and the time available.

8. ÌýÌýÌýÌý Movers of motions shall be allowed three minutes, and all other speakers two minutes. At the discretion of the chair these times may be reduced. Speakers shall introduce themselves by their name and the branch or other body that they represent.

9.ÌýÌýÌýÌýÌý The movers of motions shall have a right of reply which will be exercised at the close of the debate on that motion or group of motions.

10.ÌýÌýÌý No points of order, points of information, or procedural motions (that the question be now put; that the meeting proceeds to next business) or challenges to the chair shall be taken at the conference.

11.ÌýÌýÌý A motion to remit any motion on the agenda to the NEC (or HEC or FEC as appropriate) shall be taken only if advance notice of the motion to remit has been received in accordance with point 6 above.

12.ÌýÌýÌý It shall not be in order for any participant on the floor of, or addressing, Conference, to utter or display offensive language (including discriminatory language) or criticisms of individual Union employees or individual members who have no right to address Conference and complaints against whom should be pursued through properly established procedures. In the event that any of these occur, the Chair shall immediately ask the participant to withdraw the remarks and apologise to the Conference and the individual(s) concerned. If the participant refuses to do this, or persists thereafter, the Chair shall exclude that individual (or individuals) from the rest of the Conference proceedings. (Congress standing order 36).

Voting on motions

13.ÌýÌýÌý Voting on motions shall take place after the close of the Congress meeting, by means of a secure on-line ballot.

Technical issues

14.ÌýÌýÌý The decisions of the meeting shall not be invalidated by reason of any individual member’s difficulty in participating for reasons of broadband, software or hardware failure.

Suspension of the on-line event

15.ÌýÌýÌý The chair shall have the discretion to suspend the on-line conference in the event of disorder or serious technical failure.