51福利

51福利/2089听听听 May 2023

University and College Union

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

To听听听听听听听听听听听听听听听听听听 Branch and local association secretaries

Topic听听听听听听听听听听听听听 Unconfirmed minutes of 51福利 on-line Congress, 1 and 3 June 2022

Action听听听听听听听听听听听 For information; for adoption at Congress 2023

Summary 听听听听听 Minutes of 51福利 on-line Congress meeting held 1 and 3 June 2022

Contact听听听听听听听听听 Catherine Wilkinson, head of democratic services (cwilkinson@ucu.org.uk)

 

 

On-line meeting of the Congress of the

University and College Union (51福利)

1 and 3 June 2022

FIRST SESSION OF CONGRESS, WEDNESDAY MORNING, 1 JUNE

1             OPENING BUSINESS

1.1        Vicky Blake, president and chair of Congress, welcomed delegates.She explained how business and real-time voting would be conducted.

1.2        The chair reminded colleagues of Congress standing order 36.

1.3        Congress appointed Civica Election Services to act as tellers.

2             REPORT OF THE CONGRESS BUSINESS COMMITTEE

2.1        Alan Barker (University of Nottingham), chair of the Congress business committee (CBC), moved the second and third reports of the Congress business committee set out in 51福利/2040 and 51福利/2040C.

2.2        Marion Hersh (NEC) moved that B12 (a clause of motion 7 ruled out of order) be ordered onto the agenda as the final clause of motion 7.The proposal was LOST (for 64; against 101; abstentions 25).

2.3        Sam Morecroft (Anti-casualisation committee) proposed that motion B9 and amendment B9A.1 be ordered onto the agenda.The proposal was CARRIED (for 140; against 52 abstentions 9).

2.4        The reports of the Congress Business Committee were ADOPTED (for 195; against 1; abstentions 4).

3             MINUTES

3.1        The minutes of Congress 29 and 31 May 2021 set out in 51福利/2039 were ADOPTED (for 168; against 0; abstentions 26).

4             BUSINESS OF THE STRATEGY AND FINANCE COMMITTEE

4.1        Motion 1, Campaign to repeal all anti-trade union laws, was moved by Rhian Keyse (Birkbeck, University of London) and seconded formally from the chair.

Amendment 1A.1 was moved by Ryan Burns (University of Brighton):

Add new 'believes' (d): P&O's blatant disregard of employment law raises the question of why workers should obey anti-union laws.

Add new 'resolves' (v): To support all workers who defy anti-union legislation.

Amendment 1A.2 was moved by Liz Lawrence (Yorkshire and Humberside retired members branch) on behalf of Yorkshire and Humberside regional committee:

After Congress resolves add new point iv and renumber accordingly:

iv. To act in solidarity with P&O workers and other workers subject to unfair labour processes, supporting boycotts and demonstrations.51福利 calls on its members and on universities and colleges to boycott P&O Ferries.

In new point v (current iv) delete full stop and add at end 鈥榓nd to enacting 听听听 legislation to outlaw zero hours鈥 contracts, 鈥榝ire and rehire鈥 and other unfair 听听听听听听听听 labour practices.鈥

Amendment 1A.1 was CARRIED (158 for; 33 against; 13 abstentions). Amendment 1A.2 was CARRIED (186 for; 11 against; 10 abstentions). Motion 1, as amended, was CARRIED (169 for; 21 against; 5 abstentions):

Congress notes:

1. The impact of anti-union laws inhibiting our and other workers鈥 recent struggles.

2. The threat of new 鈥渕inimum service鈥 legislation during transport strikes (which could be extended to other sectors).

3. 2019 Congress policy reiterating opposition to ALL anti-trade union laws.

4. That TUC Congress and Labour conference voted to campaign to repeal all anti-union laws and their replacement with positive workers鈥 rights, including strong rights to strike and picket. However, this has remained on paper.

Congress believes:

a. The Tories anti-trade union laws are designed to prevent workers taking effective industrial action.

b. Despite the ballot thresholds 51福利 have been able to launch UK-wide action.

c. The development of GTVO strategies and the use of disaggregated ballots have enabled branches to take on our employers.

d. P&O's blatant disregard of employment law raises the question of why workers should obey anti-union laws.

Congress resolves:

i.To start campaigning, actively and vocally, for the repeal of and resistance to ALL anti-union laws and for a strong right to strike, including by: producing a leaflet; organising a week of action; organising an activists鈥 day school; and a joint union conference

ii. That 51福利 initiate an inter-union forum on strategies to combat the anti-union laws.

iii. To stand in solidarity with RMT, which has pledged to defy any 鈥渕inimum service requirement鈥, and to support their campaigns against this legislation.

iv. To act in solidarity with P&O workers and other workers subject to unfair labour processes, supporting boycotts and demonstrations.51福利 calls on its members and on universities and colleges to boycott P&O Ferries.

v. To call on the Labour Party to commit to abolishing all anti-trade union legislation when electedand to enacting legislation to outlaw zero hours鈥 contracts, 鈥榝ire and rehire鈥 and other unfair labour practices.

vi. To support all workers who defy anti-union legislation.

4.2        Motion 2, Oppose the Police, Crime, Sentencing and Courts Bill, was moved by Saira Weiner (NEC) on behalf of the Women members鈥 standing committee and seconded by Margot Hill (London regional committee) on behalf of Croydon College.

Motion 2 was CARRIED (194 for; 6 against; 7 abstentions):

Congress notes:

1. The government鈥檚 new Police, Crime, Sentencing and Courts Bill is giving wide ranging new powers to a force mired in institutional racism and sexism with BLM, environmental campaigners and the GRT community specifically targeted and facing yet more repression.

2. In the wake of the murder of Sarah Everardthe handling of the vigil that followed her death and the 鈥榮elfies鈥 taken by officers at the murder scene of Nicole Smallman and Bibaa Henry are just two examples of the institutional sexism and misogyny that riddles the force.

Congress believes:

a. The extension of police powers has systematically led to attacks on minority communities, such as the disproportionate use of stop and search - specifically section 60 - on black communities.

Congress resolves:

i.To oppose all extensions of police powers to a force that has systematically failed to deal with institutional racism and sexism in its ranks and which remains institutionally racist and sexist.

5             ADDRESS BY DR JO GRADY, GENERAL SECRETARY

51福利 general secretary, Dr Jo Grady, addressed Congress.

6             BUSINESS OF THE STRATEGY AND FINANCE COMMITTEE (CONTINUED)

6.1        Motion 3, Opposing oppressive legislation, was moved by Robyn Orfitelli (NEC) on behalf of the Migrant members鈥 standing committee and seconded by Sam Uwadiae (Croydon College):

Amendment 3A.1 was moved by Bee Hughes (NEC) on behalf of the LGBT+ members standing committee:

To Congress notes add:

听听听听听听听听听 3. UK Government decision to move some asylum seekers to Rwanda

听听听听听听听听听 4. Some trans people face violent detention in Rwanda

 听听听听听听听听 To Congress believes add:

听听听听听听听听听 Moving asylum seekers to Rwanda puts some people at further risk including LGBT+ people whose relationships aren鈥檛 legally recognised and face 听听听听 discrimination and social stigma

 听听听听听听听听 In Congress opposes add at the end

听听听听听听听听听 Further Congress opposes moving asylum seekers to Rwanda

Amendment 3A.2 was moved by Robyn Orfitelli (NEC) on behalf of the migrant members standing committee:

Add 'and the Shadow Home Secretary' to point a. so it appears after 'Instructing the General Secretary to write to the Home Secretary.' After the amendment maintain remaining text.

Point a. to read as follows once amended.

a.听听 Instructing the General Secretary to write to the Home Secretary and the Shadow Home Secretary expressing opposition on the basis they are discriminatory.

Amendment 3A.3 was moved by Victoria Showunmi (NEC):

Add notes 3

3.听听 That the case of Child Q highlights the institutional racism at the heart of the 听听听听听 police force

Add resolves d & e

d.听听 To campaign to keep the police out of our schools, colleges and campuses.

e.听听 To support the 鈥楯ustice for Child Q鈥 conference being organised by Diane Abbott MP, Stand Up To Racism and other organisations on Saturday 11 June.

Cynthia Akwei (Liverpool John Moores University) spoke in the debate.

Amendment 3A.1 was CARRIED (190 for; 4 against; 7 abstentions). Amendment 3A.2 was CARRIED (191 for; 3 against; 7 abstentions) and amendment 3A.3 was CARRIED (164 for; 20 against; 17 abstentions).Motion 3, as amended, was CARRIED (180 for; 2 against; 8 abstentions):

Congress notes:

1. The Police, Crime, Sentencing and Courts Bill (PCSC) and the Nationality and Borders Bill are racist and discriminatory.

2. The provisions within these two pieces of legislation will have detrimental effect on 51福利 members, especially Black, migrant, LGBTQ+, women, and disabled members.

3. UK Government decision to move some asylum seekers to Rwanda.

4. Some trans people face violent detention in Rwanda.

5. That the case of Child Q highlights the institutional racism at the heart of the police force.

Congress believes:

The Nationality and Borders Bill will effectively remove the right to legally claim asylum in Britain and threatens the right of 6 million people to British citizenship. The government is attempting to use the politics of divide and rule, scapegoating refugees and migrants, to deflect from the own failings.Moving asylum seekers to Rwanda puts some people at further risk including LGBT+ people whose relationships aren鈥檛 legally recognised and face discrimination and social stigma.

Congress opposes the bill and agrees to campaign against its outcomes alongside campaign, faith, trade union and antiracist groups - opposing any attempt to target communities over the issue of citizenship - 鈥榙awn raids鈥 - channel 鈥榩ush 产补肠办蝉鈥 and deportations.Further Congress opposes moving asylum seekers to Rwanda.

Congress resolves to lobby against the provisions of these two pieces of legislation by:

a. Instructing the General Secretary to write to the Home Secretary and the Shadow Home Secretary expressing opposition on the basis they are discriminatory.

b. Calling upon all 51福利 branches and individual 51福利 members to write to their local MP stating the 耻苍颈辞苍鈥檚 and their own opposition on the basis they are discriminatory

c. Affiliating with the Joint Council for the Welfare of Immigrants, a national organisation fighting hostile environment policies.

d. To campaign to keep the police out of our schools, colleges and campuses.

e. To support the 鈥楯ustice for Child Q鈥 conference being organised by Diane Abbott MP, Stand Up To Racism and other organisations on Saturday 11 June.

6.2        Motion 4, Child Q, was moved by Juliana Ojinnaka (NEC) on behalf of the London regional committee and seconded by Margot Hill (London regional committee).

Motion 4 was CARRIED (for 184; against 9; abstentions 7):

The horrendous treatment of Child Q shows that the appalling reality of institutional racism in education and policing continues.

Institutional racism is endemic in the police force.

We have to make sure that the issues raised by the inspirational Black Lives Matter movement are not now simply brushed under the carpet.

Child Q has to represent a line in the sand. We will not allow our students to be abused in this way.

51福利 supports the 鈥榖lack child鈥 conference initiated by Diane Abbott MP, Stand Up To Racism and others on Saturday 11 June.

We support the call raised in the Voice newspaper for 鈥榗ops out of schools鈥 and colleges and believe there is no place for an institutionally racist police force in schools or on campus.

6.3        Motion 5, Congress instructs 51福利 to support proportional representation for UK elections, was moved by Mike Farmer (South West retired members branch) on behalf of Loughborough University and seconded by Adam Ozanne (NEC).Sam Morecroft (Anti-casualisation committee) spoke in the debate.

Motion 5 was CARRIED (for 118; against 55; abstentions 28):

Congress notes that the UK is one of only three major developed countries to use a First Past the Post voting system for general elections.

Congress believes that First Past the Post is bad for progressive politics. In fourteen of the last fifteen general elections, most people have voted for parties to the left of the Conservatives, yet Conservatives have been in power for most of this time. Conservatives have attacked trade unions and workers鈥 rights, public services, and the welfare state.

Furthermore, a small minority of voters in marginal constituencies decide the outcomes of elections. There are constituencies in which people have never influenced the result of general elections.

There are tried-and-tested forms of Proportional Representation which maintain a close constituency link between MPs and their voters, allowing voters to vote for named candidates.

Congress resolves to reject First Past the Post and support the introduction of Proportional Representation.

 

SECOND SESSION OF CONGRESS, WEDNESDAY AFTERNOON, 1 JUNE

7             BUSINESS OF THE STRATEGY AND FINANCE COMMITTEE TO BE TAKEN IN PRIVATE SESSION

7.1        Motion 6, National leadership on ASOS deductions - meaningful legal support, was moved by David Bailey (University of Birmingham) and seconded by Donna Brown (Royal Holloway, University of London).

Motion 6 was CARRIED (for 173; against 24; abstentions 8):

Congress notes that:

1. Punitive deductions for action short of strike are damaging, intimidatory and potentially unlawful.

2. Equality impact assessments should be carried out for such deductions.

3. Various legal arguments can be made to challenge these deductions.

4. Such deductions potentially constitute bullying and intimidation under definitions commonly adopted by our employers.

Where branches face these deductions, Congress resolves:

a.  To provide meaningful legal guidance that challenges the deductions, with reference to case law and statute.

b. To prepare a model individual/collective grievance letter, based on the Birmingham 51福利 model, and to support branches in submitting mass grievances against their employer.

7.2        Motion 7, Support for industrial action, was moved by Marion Hersh (NEC) on behalf of the University of Glasgow and seconded formally from the chair.Steve Sangwine (honorary treasurer) spoke in the debate.

Motion 7 was CARRIED (for 141; against 41; abstentions 21):

Congress congratulates and thanks 51福利 Bargaining and Negotiations for their hard work and dedication in supporting industrial action.

Congress notes:

1. The particularly challenging circumstances facing members, and repeated threats and attacks on terms and conditions.

2. Increasing use of industrial action to counter them.

3. The postponement of the start of the industrial action ballot from 11 March agreed by HEC to 16 March due to workload in simultaneous strike notification and ballot organisation.

Congress believes that additional resources are required to counter these threats and avoid delays in the start of ballots or industrial action.

Congress instructs:

a.  The General Secretary and Honorary Treasurer to make additional resources available for bargaining and negotiation.

7.3        Motion 8, Appointment of auditors, motion 9, financial statements, motion 10, budget 2022-23, and motion 11, Subscription rates, were moved by Steve Sangwine (honorary treasurer).

Motion 8 was CARRIED (for 190 for; against 1; abstentions 4):

Congress approves the appointment of Knox Cropper as the 耻苍颈辞苍鈥檚 auditors for the year ending 31 August 2022.

Motion 9 was CARRIED (for 189; against 0; abstentions 5):

Congress receives the 耻苍颈辞苍鈥檚 audited financial statements for the 12-month period ending 31 August 2021 as set out in 51福利/2021.

Saira Weiner (NEC) proposed remittance of motion 10.Emma Battell Lowman (NEC) and Steve Sangwine (honorary treasurer) spoke in the debate.Remittance of motion 10 was LOST (for 72; against 112; abstentions 19).

Motion 10 was CARRIED (for 137; against 43; abstentions 23):

Congress endorses the budget for September 2022 鈥 August 2023 as set out in 51福利/2022.

Motion 11 was CARRIED (120 for; 5 against; 8 abstentions):

Congress accepts the Treasurer's report on progress with the review of subscription rates and endorses the changes to subscription rates from 1 September 2022 set out in 51福利/2023.

7.4        Motion 12, Discounted subscriptions for new members, and motion 13, Reaffirming 51福利鈥檚 commitment to proportional or progressive subscription rates, were taken in the same debate.Motion 12 was moved by Grant Buttars (University of Edinburgh) and seconded formally from the chair.Motion 13 was moved by Margot Hill (London regional committee) and seconded formally from the chair. Steve Sangwine (honorary treasurer) proposed remittance of motion 12.Joanna de Groot (NEC) proposed that motion 13 be taken in parts.Jo Edge (NEC) spoke in the debate.

Remittance of motion 12 was LOST (93 for; 93 against; 11 abstentions 鈥 status quo ante prevails).

Motion 12 was CARRIED (119 for; 76 against; 10 abstentions).

Congress

Notes:

1. The current membership subscription bands,

2. The report on subscription rates at Congress 2021 (51福利/1073),

3. The principle stated therein for 鈥榓lleviating subscriptions for those on the lowest salary levels鈥,

4. That academic staff often avail free membership as students before upgrading to standard membership,

5. The absence of an analogous route for academic-related professional services staff.

Believes that:

a.  Discounted subscriptions for the first year of membership will:

                i.    Further alleviate the membership costs for staff on lower salary levels,

              ii.    Mitigate the disparity in Notes (5) by providing ARPS staff a discounted membership route,

            iii.    Incentivise staff who are not members of the Union to join.

b. Such a discount will not reduce subscriptions income from existing members.

Resolves to:

A. Implement discounted national and local subscription rates for the first year of membership for those who join 51福利 on bands F(0) and below.

The proposal to take motion 13 in parts was LOST (89 for; 99 against; 9 abstentions).

Motion 13 was CARRIED (133 for; 68 against; 8 abstentions):

Motion 6 (Congress2018) asked 鈥榯he Treasurer and NEC to look at subscriptions with a view to achieving a proportional or progressive system.鈥

This is erroneously weakened as: 鈥榯o look at subscriptions with a view to moving towards a more proportional/progressive system鈥 (51福利/2023), despite this error being amended when it occurred in Congress2021 (Motion 36).

The five-year deadline expires in 2023, yet we are far from 鈥榩roportionality鈥. For example:

1.     Under current proposals (51福利/2023) a member on 拢30k pays about 77 percent of one on 拢60k. To be proportional it would be 50 percent; to be progressive, less.

2.     The highest subscription band starts at 拢60K, with no gradation above this.

Congress:

a.     Reaffirms its commitment to ACHIEVING proportional or progressive subscriptions by 2024 (year delay to accommodate Covid disruption), whether through lowering middle and low-paid members鈥 fees and/or raising subscriptions for the higher-paid.

b.     Encourages the Treasurer to introduce a new higher rate band

Janet Farrar (president elect) was in the chair.

7.5        Motion 14, 51福利: funding our fighting union, was moved by Vicky Blake (president) and seconded by Justine Mercer (vice president).Amendment 14A.1 was moved by Rhian Keyse (Birkbeck, University of London) on behalf of the Anti-casualisation committee and seconded by David Hunter (City College Norwich):

Under 鈥淐ongress notes:鈥

Add: 鈥5. Casualised members can experience hardship due to the delay between wage deductions and payments from the Fighting Fund.鈥

听听听听听听听听听 Under 鈥淐ongress agrees to:鈥

听听听听听听听听听 Add: 鈥渄. Assist branches to set up local funds to support our most financially vulnerable members by producing model guidelines to share best practice.

听听听听听听听听听 e. Instruct the NEC to review our processes to make the Fighting Fund more responsive and accessible to casualised members.鈥

Amendment 14A.1 was CARRIED (196 for; 9 against; 2 abstentions). Motion 14, as amended, was CARRIED (187 for; 9 against; 2 abstentions):

Congress notes:

1. 51福利 has faced down aggressive and increasingly intransigent employer behaviour

2. We must continue to fight for jobs, pay, terms and conditions

3. Increasing calls on the 51福利 Fighting Fund, which provides vital support to members taking strike action and ASOS

4. Continuing efforts of 51福利 to support the fighting fund beyond normal parameters

5.   Casualised members can experience hardship due to the delay between wage deductions and payments from the Fighting Fund.鈥

Congress agrees to:

a.  Simplify and widely publicise an opt-in regular solidarity direct debit donation: to encourage joining and existing members to contribute a monthly amount affordable to them, to the Fighting Fund

b. Establish an NEC sub-committee to work with SORG, to specifically review Rule 11 and consult with members, to recommend Rule Change(s) to Congress 2023 to ensure our levy mechanisms are progressive and flexible

c.  Establish a 51福利 Fundraising group, comprising volunteers from NEC and self-nominated volunteers from the wider membership with fundraising experience, to organise programmes of regular fundraisers online / in-person.

d. Assist branches to set up local funds to support our most financially vulnerable members by producing model guidelines to share best practice.

e. Instruct the NEC to review our processes to make the Fighting Fund more responsive and accessible to casualised members.

Vicky Blake (president) was in the chair. The chair reminded Congress that individual cases brought under Rule 13 were confidential and that it was not in order for these to be discussed at Congress.

7.6        Motion 15, Review of Operation of Rule 13 and associated NEC procedures, and motion 16, Rule 13: Procedure for the Regulation of the Conduct of Members, were taken in the same debate.Motion 15 was moved by Matt Perry (Newcastle University) and seconded by Marion Hersh (NEC).听听Motion 16 was moved by Ryan Burns (University of Brighton) on behalf of the West Midlands regional committee and seconded by James Brackley (University of Birmingham).

Amendment 15A.1 was moved by Mark Farwell (Southern regional committee):

听听听听听听听听 Point 1. 鈥楧elete鈥 鈥5 测别补谤蝉鈥 and 鈥榬eplace鈥 with 鈥7 测别补谤蝉鈥

听听听听听听听听 鈥楧elete鈥 the words 鈥渁nd from鈥 between 鈥渂y鈥 and 鈥诲别濒别驳补迟别蝉鈥

听听听听听听听听 鈥業nsert鈥 in brackets between 鈥12 members鈥 and 鈥渢o undertake this review.鈥 the words 鈥渙ne member from each Region (9) and one member from each of the three nations (3)鈥

听听听听听听听听 鈥楢dd鈥 the words "and agree its own terms of reference.鈥 after "The Review Panel shall elect a Chair from among its members",

Amendment 16A.1 was moved formally by James Brackley (University of Birmingham) on behalf of the West Midlands regional committee:

Add at the end of the motion:

鈥楻ule 13 should not be used to prevent whistle blowing, or to silence or block legitimate democratic discussion in 51福利, or be used to in any way intimidate members seeking to engage in legitimate democratic debate.鈥

Adam Ozanne (NEC) proposed remittance of motions 15 and 16.听听 Emma Battell Lowman (NEC), David Stewart (Newcastle University) and Liz Lawrence (Yorkshire and Humberside retired members branch) spoke in the debate. Remittance of motion 15 was LOST (74 for; 128 against; 9 abstentions).

Amendment 15A.1 was CARRIED (104 for; 83 against; 22 abstentions).Motion 15, as amended, was CARRIED (135 for; 65 against; 13 abstentions):

Congress notes that the operation of the Rule 13 process can take long periods of time, cause distress to the parties involved and make considerable demands on 51福利 resources.

It calls for a review into the operation of Rule 13 and associated NEC procedures, including:

1.听听听听听听 Rule 13 complaints in the last 7 years

2.听听听听听听 Time periods

3.听听听听听听 Areas of appropriate complaint

4.听听听听听听 Pastoral support for complainants, respondents and witnesses

5.听听听听听听 Operation of confidentiality

6.听听听听听听 Representational rights of advisers

7.听听听听听听 Impact of penalties on employment

8.听听听听听听 Interaction with other 51福利 procedures

9.听听听听听听 Compliance with legal rights of trade union members and representatives

10.听听听 Compliance with principles of natural justice

Congress resolves to elect by delegates to Congress 2022 a Review Panel of 12 members (one member from each Region (9) and one member from each of the three nations (3)) to undertake this review. The Review Panel shall elect a Chair from among its members and agree its own terms of reference. The Review Panel shall report back to Congress 2023.

Remittance of motion 16 was LOST (77 for; 121 against; 7 abstentions).

Amendment 16A.1 was CARRIED (150 for; 47 against; 14 abstentions).Motion 16, as amended, was CARRIED (143 for; 58 against; 13 abstentions):

Congress instructs:

NEC to add the following paragraphs at the end of the 鈥楶reamble鈥 of Rule 13:

In interpreting Rule 6.1, those applying this procedure must bear in mind and adhere to the following. That it is unlawful to discipline a member of the union for:

1. Seeking to uphold the rules, question whether the rules have been followed, or question whether the actions of any official or representative are in the interests of the union, so long as the question or challenge is brought in a reasonable manner and in good faith (Trade Union and Labour Relations (Consolidated) Act 1992 section 65 (2) (c)).

2. Seeking to support or vindicate the actions of any member who is reasonably thought to be facing unlawful disciplinary action (TULR(C)A 1992 65 (2)(d)).

Rule 13 should not be used to prevent whistle blowing, or to silence or block legitimate democratic discussion in 51福利, or be used to in any way intimidate members seeking to engage in legitimate democratic debate.

7.7        Motion 17, Real-time voting at 51福利 meetings, was moved by Marian Mayer (NEC) on behalf of the Southern regional committee and was seconded formally by Roddy Slorach (Imperial College London).Bijan Parsia (NEC) spoke in the debate.

Motion 17 was CARRIED (136 for; 44 against; 15 abstentions):

Congress notes:

1. The necessity of having online 51福利 meetings.

2. The need to maintain union democracy, and

3. That voting after Congress can hinder union decision making.

Congress resolves:

a.  To have real-time voting at online 51福利 meetings.

7.8        Motion 18, 51福利 and devolution, was moved by Lena 奥氓苍驳驳谤别苍 (NEC) on behalf of the 51福利 Scotland executive; a drafting amendment to delete 鈥楬E鈥 from clause 1 was accepted by the submitting body.The motion was seconded by Chris Jones (NPTC group).

Motion 18 was CARRIED (191 for; 8 against; 6 abstentions):

Congress believes: 

1. 51福利 needs to recognise that the implications of devolution are that there are four polities in the UK; 

2. treating its own decision making as 'UK with implications for devolved nations' potentially disadvantages devolved nations; 

3. 51福利 should take steps towards acknowledging this in campaigns and industrial action; 

4.  The Devolved Nations Working Group should be re-established for regular meetings.

7.9        Motion L1, The General Secretary鈥檚 responsibilities in disputes, and motion 19 Democracy in 51福利 and censure of the General Secretary, were taken in the same debate.Motion L1 was moved by Mark Abel (NEC) on behalf of University of Brighton and Kingston University and seconded by Ryan Burns (University of Brighton.Motion 19 was moved by Ann Swinney (NEC) on behalf of the University of Dundee and seconded by Peta Bulmer (University of Liverpool).Grant Buttars (University of Edinburgh) proposed taking the motion in parts. Janet Farrar (president elect), Justine Mercer (vice president), Sam Uwadiae (Croydon College), Brian Hamilton (NEC), Jak Peake (University of Essex), Chloe Wallace (University of Leeds) and Renee Prendergast (QUB) spoke in the debate.The general secretary responded to the debate.

Motion L1 was CARRIED (107 for; 103 against; 7 abstentions):

Congress notes that:

1. the UK-wide HE disputes have fragmented to just a small number of branches taking action

2. despite acting on a mandate secured as a result of UK-wide re-ballots these branches have now largely been left to fight on their own for local gains

3. no serious fundraising has been organised centrally to support members faced with 100% pay docking.

Congress believes that:

a.  this is a situation which seriously undermines the strength of the union

b. the general secretary must bear ultimate responsibility for this.

Congress instructs the GS:

                i.    to respect the decisions taken by the democratic bodies of the union

              ii.    to ensure that those decisions are implemented in full and in a timely manner

            iii.    to refrain from interventions in the course of a dispute which contradict the democratically established strategy and undermine the confidence of members in it.

The proposal to take motion 19 in parts was LOST (71 for; 139 against; 8 abstentions).Motion 19 was LOST (101 for; 116 against; 6 abstentions):

51福利 notes:

1. The three week re-ballot of members ended 8th April and failure in notifying employers of any industrial action until May.

2. 51福利 General Secretary鈥檚 report issued on 13th April seeking to end our HE disputes in 2022.

51福利 Believes:

1. Members鈥 democratic control must be at the heart of 51福利鈥檚 industrial strategy.

2. Members decisions at 51福利 Congress, Sector Conferences and HEC must not be undermined if members are to have confidence in the leadership of our union.

3. The delays in balloting in 2021, calling industrial action in 2021-22 and in re-balloting and calling action in 2022 all undermined our industrial action鈥檚 effectiveness.

51福利 resolves to:

1. Reaffirm the democratic sovereignty of Congress, Sector Conference and NEC/HEC decisions.

2. To censure the General Secretary for undermining 51福利鈥檚 democracy and undermining our disputes.

3. Require that the GS abide by democratic decision making in 51福利.

THIRD SESSION OF CONGRESS, FRIDAY MORNING, 3 JUNE

8             ADDRESS BY VICKY BLAKE, PRESIDENT

8.1        Vicky Blake, President, addressed Congress.

9             BUSINESS OF THE EQUALITY COMMITTEE

9.1        Motion 32, Promoting equality in post-school education, was moved by Victoria Showunmi (NEC) and seconded formally from the chair.

听听听听听听听听 Motion 32 was CARRIED (175 for; 1 against; 1 abstention):

Congress notes the work of the Equality Committee on: 

1. intersectional approaches to discrimination and violence in our sectors 

2. equalities issues exacerbated by the pandemic 

3. working with NEC and equality reps, and members in our branches, regions and nations  

It urges the committee to continue its work to:  

a.  progress the recommendations of the 51福利 report on Eradicating Sexual Violence in intersectional ways, addressing issues of disability, race, class, precarity, gender and sexuality  

b. continue to explore and address structural inequalities highlighted by the pandemic   

c.  embed equality issues in all 51福利 campaigns, activities and legal work, consulting standing committees 

d. recognise the intersections between the work of our standing committees and the needs of casualised members, ensuring committees are briefed on casualisation impacts  

e.  enhance links with national, regional and local reps and members, including through CPD and equality training, to strengthen confidence and understanding and enable them to take up equality issues effectively.  

9.2        Motion 33, Eradicating sexual violence in post-16 education, was moved by Lena 奥氓苍驳驳谤别苍 (NEC) on behalf of the 51福利 Scotland executive and seconded by Rhian Keyse (Birkbeck, University of London).

Amendment 33A.1 was moved formally by Marian Mayer (NEC) on behalf of the Disabled members standing committee:

听听听听听听听听 Add new 4c and 4d

听听听听听听听听 c. Continues to pressure the government to bring about meaningful change which can only be made if the government shows their commitment for challenging and eradicating inequality by implementing into UK law the UNCRPD (UN Convention on the Rights of Persons with Disabilities) with and also to ratify the Istanbul Convention.

听听听听听听听听 d. Pressures the Government to reinstate Section 40 of the Equality Act 2010 鈥 repealed in 2013 - which placed a duty on employers to protect employees from third party harassment.

听听听听听听听听 Amendment 33A.1 was CARRIED (171 for; 0 against; 5 abstentions).Motion 33, as amended, was CARRIED (179 for; 0 against; 1 abstention):

The 51福利 sexual violence task group reports that in the past five years 1 in 10 university and college staff have directly experienced workplace sexual violence.

Congress notes in post-16 education:

1. 52% of those who experienced sexual violence did not report it to their employer

2. 70% experienced sexual violence as an ongoing pattern of behaviour

3. Insecurely employed workers were 1.3 times as likely to experience sexual violence than permanently employed

4. Workers on insecure contracts, disabled workers, LGBTQ workers, and black workers are all at greater risk of sexual violence.

Congress demands 51福利:

a.  Continues to pressure government and employers to work with trade unions and sexual violence prevention workers to address gender-based violence, including by enforcing policies, allocating resources to prevention and counselling, and replacing nondisclosure agreements with transparent procedures;

b. Continues to pressure government and employers to provide decent, secure jobs, given casualisation and structural inequalities exacerbate sexual violence.

c.  Continues to pressure the government to bring about meaningful change which can only be made if the government shows their commitment for challenging and eradicating inequality by implementing into UK law the UNCRPD (UN Convention on the Rights of Persons with Disabilities) with and also to ratify the Istanbul Convention.

d. Pressures the Government to reinstate Section 40 of the Equality Act 2010 鈥 repealed in 2013 - which placed a duty on employers to protect employees from third party harassment.

9.3        Motion 34, Gender and ethnicity pay gap, was moved by Cynthia Akwei (Liverpool John Moores University) on behalf of the Black members standing committee and seconded by Cecilia Wee (Royal College of Art).

听听听听听听听听 Amendment 34A.1 was moved by Margot Hill (London regional committee):

听听听听听听听听 Add new notes 5

听听听听听听听听 The success in engaging and involving members of the Four Fights campaign.

听听听听听听听听 Add new resolves d

听听听听听听听听 To encourage members to continue to resist the race pay gap through industrial 听听听听听听听听 action and the Four Fights dispute.

Amendment 34A.2 was moved by Marian Mayer (NEC) on behalf of the Disabled members standing committee:

听听听听听听听听 Add new point 5

听听听听听听听听 5. That according to TUC research the disability pay gap is 20% and that any ethnicity pay gap reporting also needs to recognise any further 听听听听听 detrimental impact faced by black disabled workers

听听听听听听听听 Amendment 34A.1 was CARRIED (for 173; against 9; abstentions 4). Amendment 34A.2 were CARRIED (for 169; against 5; abstentions 7).Motion 34, as amended, was CARRIED (for 181; against 2; abstentions 3):

Congress notes:

1. According to the HESA data, 2017/2018, Black staff suffer the most pay gap (20.3%) and (14%) for black academics, compared to their white colleagues.

2. Although the gender pay gap is 15%, the gender pay gap of black women remains unknown.

3. Female black academics fare even worse, with an ethnicity pay gap on top of the gender pay gap.

4. Bridging the ethnic pay gap will assist in reducing the pay inequalities between black and white men and women.

5. That according to TUC research the disability pay gap is 20% and that any ethnicity pay gap reporting also needs to recognise any further detrimental impact faced by black disabled workers

6. The success in engaging and involving members of the Four Fights campaign.

Congress resolves to collaborate with parliament, political parties and other bodies to promote the issue with government and commissions a review into gender and ethnicity pay gap as evidence for progression and campaign for:

a.  A mandatory ethnicity pay gap reporting for all further, higher and adult education institutions

b. A different framework for reporting the ethnic pay gap 

c.  Reporting for gender ethnicity pay gap for black women

d. To encourage members to continue to resist the race pay gap through industrial action and the Four Fights dispute.

9.4        Motion 35, Flexible Working, was formally moved by Marian Mayer (NEC) on behalf of the Disabled members standing committee and formally seconded from the chair.

听听听听听听听听 Motion 35 was CARRIED (for 181; against 2; abstentions 6):

Congress notes the TUC report 鈥楧isabled Workers鈥 access to flexible working as a reasonable adjustment鈥 which highlighted the impact of the pandemic for disabled workers.

Congress believes:

1. Disabled workers who worked from home during the pandemic should be able to continue to do so.

2. Disabled workers should not be penalised for accessing flexible working as a reasonable adjustment because flexible working should become the default.

3. All workers should have a day one right to request flexible working, with the criteria for rejection mirroring the exceptional circumstances set out in the TUC Report.

Congress resolves to campaign:

a.  For changes in the law to offer flexible working as a reasonable adjustment for all disabled workers as a day one right.

b. To encourage all 51福利 branches to place this on the local negotiating agenda to persuade employers to make this part of their employment policies.

9.5        Motion 36,Disability Employment Charter, was moved by Kevin Daws (Disabled members standing committee) and seconded by Marion Hersh (NEC).Lucy Burke (North West regional committee) spoke in the debate.

Motion 36 was CARRIED (for 189; against 1; abstentions 1):

Congress notes and welcomes the fact that the 51福利 supports the Disability Employment Charter.

Congress believes that the 51福利 should:

1. Encourage all of its Branches to adopt motions supporting the Disability Employment Charter

2. Strive to have a membership that is as diverse as possible and as part of that should encourage and support disabled people to become 51福利 representatives

Congress resolves to:

a.  Provide a model motion which 51福利 Branches can amend and adopt

b. Encourage Branches to place the Disability Employment Charter on their negotiating agendas to encourage all employers to adopt its provisions

c.  Incorporate how to negotiate and campaign on the Disability Employment Charter into 51福利 Education and Training courses as far as possible

9.6        Motion 37, Fair pay for parents, was moved by Jess Meacham (University of Sheffield) and seconded formally from the chair.

听听听听听听听听 Motion 37 was CARRIED (for 173; against 1; abstentions 5):

Congress notes:

1. That employers across further and higher education offer differential access to additional maternity and other parental leave and pay, including the length of time of qualifying employment required

2. That this causes unequal treatment for people who give birth, depending on their place of work

3. The ongoing work of 51福利 with groups such as Maternity Action to achieve progress on these issues

Congress resolves:

a.  To call on all education employers to provide equal access to additional maternity pay and other parental leave and pay at sector leading levels from the commencement of employment

b. To develop a public campaign that highlights inequalities across employers

c.  To develop guidance around best practice for additional maternity pay and other parental leave and pay to assist branch campaigns

Catherine Wilkinson, head of democratic services, addressed Congress about legal advice received and Congress business committee鈥檚 decision to amend its second report in relation to motion 38 (51福利2040B).The chair reminded Congress of 51福利鈥檚 document onexpectations of members鈥 conduct.

9.7        Motion 38,Defend trans and non-binary people鈥檚 rights, was moved by Bee Hughes (NEC) on behalf of the North West regional committee and seconded by Peta Bulmer (University of Liverpool).

Amendment 38A.1 was moved by Saira Weiner (NEC) on behalf of Liverpool John Moores University and seconded by Ann Swinney (NEC):

听听听听听听听听 Point 1: after 鈥榞overnment鈥 add 鈥榓nd 辫辞濒颈迟颈肠补濒鈥

听听听听听听听听 Point 4:

Delete: 鈥榓ttempts to delay anti-conversion therapy legislation for trans people and鈥 replace with: 鈥檌nterventions excluding trans and gender-nonconforming people from single sex spaces and attempts to 鈥

听听听听听听听听 Point 5:

听听听听听听听听 Add to end: 鈥榓nd refusal to ban trans conversion 迟丑别谤补辫测鈥

听听听听听听听听 Add point 6:

6. The HE (Freedom of Speech) Bill that threatens the safety of gender diverse people and others on and off campus and misappropriation of 鈥榓cademic freedom鈥.

听听听听听听听听 Add points b and c:

b. Resolves to continue building internal union campaigns and resources and campaign publicly for LGBT+ liberation for all LGBT+ people and;

c. Develop guidance and webinar around academic freedom.

Mary Jennings (Eastern and Home Counties retired members branch) proposed remittance of motion 38. Anne Daguerre (University of Brighton), Eurig Scandrett (Queen Margaret University), Megan Povey (University of Leeds), Jeanette Findlay (University of Glasgow) and Peter Bicknell (Lewisham College) spoke in the debate.

Remittance of motion 38 was LOST (for 56; against 143; abstentions 10).

Amendment 38A.1 was CARRIED (for 141; against 46; abstentions 21).Motion 38, as amended, was CARRIED (for 145; against 41; abstentions 24):

Congress notes:

1. Government and political hostility towards Stonewall for its support for trans rights, including disaffiliations by the BBC and government bodies;

2. Government鈥檚 refusal to implement Self-ID in the Gender Recognition Act;

3. Government鈥檚 failure to recognise non-binary as a legitimate identity;

4. The EHRC鈥檚 interventions excluding trans and gender- nonconforming people from single sex spaces and attempts to undermine the Scottish government introducing Self-ID;

5. The Tories鈥 anti-conversion therapy Bill that dangerously presents equivalence between oppressive anti-trans conversion therapy and pro-trans affirmative intervention and refusal to ban trans conversion therapy.

6. The HE (Freedom of Speech) Bill that threatens the safety of gender diverse people and others on and off campus and misappropriation of 鈥榓cademic freedom.

Congress:

a.  Welcomes the founding of the Feminist Gender Equality Network, committed to opposing transphobia on campuses and more broadly;

b. Resolves to continue building internal union campaigns and resources and campaign publicly for LGBT+ liberation for all LGBT+ people and;

c.  Develop guidance and webinar around academic freedom.

9.8        Motion 39, Fighting political attacks on LGBT+ people, was moved by Bee Hughes (NEC)听听听听听听听听 on behalf of the LGBT+ members standing committee and seconded by Tilly Fitzmaurice (LGBT+ members standing committee).

Motion 39 was CARRIED (for 174; against 9; abstentions 9):听听听

Congress notes political attacks on LGBT+ people, e.g.:

1.听听 Boris Johnson (6/4/22) attacking Gillick competence.

2.听听 Sajid Javid (April 2022) attacking gender-affirming care and 听听听听听 comparing it to child sexual abuse cases in Rotherham.

3.听听 Nadim Zawahi (20/4/22) suggesting teachers should 鈥榦ut鈥 trans children to parents.

4.听听 Nadine Dorries (21/4/22) stating trans women should be excluded from women鈥檚 sport.

5.听听听 EHRC鈥檚 guidance (4/4/22) which undermines Equality Act (2010) protections for trans people using single sex spaces, such as toilets.

Congress believes the comments above:

a) use LGBT+ people as a wedge to stoke division, undermine and further marginalise LGBT+ people;

b) aim not to protect but to pathologise trans people and present LGBT+ people as untrustworthy and undeserving of autonomy.

c) seek to 鈥榩rotect鈥 trans people from themselves.

Congress resolves 51福利 will counter these political attacks on LGBT+ people using all tools at its disposal including branch organising and media visibility.

9.9        Motion 40, Conversion therapy, was moved by Tilly Fitzmaurice on behalf of the LGBT+ members鈥 standing committee and seconded by Donna Brown (Royal Holloway, University of London).

Motion 40 was CARRIED (for 165; against 12; abstentions 10):

Congress notes:

1. Government decisions to abandon comprehensive ban on conversion 听听听听听听 therapy

2. Gender-affirming therapy is not conversion therapy.

3. BCAP memorandum of understanding on conversion therapy, Government LGBT+ Survey and Coventry University research findings including that trans, Black LGBT+, and asexual people are more vulnerable to conversion therapy.

4. Publications and events around 鈥榞ender-critical鈥 perspectives supporting some conversion therapy.

5. Potential involvement of post-school education institutions in policy-making on conversion therapy, and potential harm caused by conversion therapy to 51福利 members.

Congress resolves to:

1. support TUC position on conversion therapy and take action, including the General Secretary writing to relevant bodies.

2. work with Coventry University research team to produce a summary of their report for members, this to be linked to the LGBT+ Charter and microsites.

3. develop further resources and events raising awareness to support members and branches, including those raising issues related to conversion therapy.

9.10     Motion 41, Mental Health, was moved by Megan Povey (University of Leeds) on behalf of the听听听 LGBT+ members standing committee and seconded by Bee Hughes (NEC).

Motion 41 was CARRIED (for 167; against 7; abstentions 12):

Congress notes:

1. Mental health of LGBT+ people is seriously affected by marginalisation, denial of rights, and lack of respect

2. The exacerbation of these issues by the Covid-19 pandemic and lockdowns

3. The rise in anti-trans voices across media 

4. Further delays in securing trans and non-binary rights

5. Anti-LGBT+ violence has increased in recent years.

Congress believes:

a.  Trans and non-binary inclusion is important throughout society

b. The identity a person had before any transition (social or otherwise) should be secret unless the person chooses otherwise.

c.  Many data collection systems are outdated and don鈥檛 support trans and non-binary people adequately e.g., deadnaming.

Congress calls for:

                i.    51福利 to conduct research investigating issues around deadnaming and other such issues faced by trans and non-binary people

              ii.    51福利 to equip branches with guidance and resources to challenge outdated systems across post-school education that lead to dead-naming

            iii.    LGBT+ issues to be specifically addressed in all 51福利 work on mental health.

9.11     Motion 42, LGBT+ Inclusion in Education, was moved by Bee Hughes (NEC) on behalf of the LGBT+ members standing committee and seconded by Pete Bicknell (Lewisham College).

听听听听听听听听 Motion 42 was CARRIED (for 170; against 4; abstentions 8):

Congress believes in the value of education for the whole person, realising ambitions and developing critical thinking.

Within FE this should take the form of genuine consultation with LGBT+ staff and students to develop a relevant curriculum as part of both the tutorial and vocational offers.

Within HE this should include support for courses that promote visibility and inclusion of LGBT+ lives.

Systems used to measure the success of educational programmes inhibit teachers鈥 and lecturers鈥 ability to raise and discuss equality issues in the classroom.

It is very difficult to genuinely Stretch and Challenge students when locked into the demands of the OFSTED cycle and the vocational syllabus in FE, and the Teaching Excellence Framework and National Student Survey in HE.

Congress supports and calls for more:

a.  approaches across all curricula that challenge normative assumptions about sexuality and gender;

b. further exploration of LGBT+ voices, lives and issues across post-school education.

9.12     Motion 43, The Hostile Environment and Migrant Workers Toolkit, was moved by Rhian Keyse (Birkbeck, University of London) on behalf of the Anti-casualisation committee and seconded formally by Robyn Orfitelli (NEC).

Motion 43 was CARRIED (for 170; against 1; abstentions 8):

Congress notes:

1. Post-16 education institutions are an integral part of the xenophobic hostile environment, through monitoring of migrant workers and students and through PREVENT.

2. 51福利 offers legal advice to migrant members, but that branch reps often feel underequipped to provide assistance to migrant members.

Congress believes:

a.  Education establishments are not outposts of the hostile environment, and education workers are not border guards.

b. Insecure immigration status intersects with casualisation to render migrant members more precarious.

Congress resolves:

                i.  To bring together ACC with MMSC, BMSC and other equalities committees to work with Unis Resist Border Controls (URBC) and other organisations to ascertain the needs of precarious migrant members through surveying members and drawing on URBC鈥檚 research.

              ii.    To use the information from this survey to develop a toolkit and training to support migrant members, and empower all members to resist the Hostile Environment in post-16 education.

9.13     Motion 44, Treatment of refugees and asylum seekers, The Rwanda Plan and the Nationality and Borders Act, was moved by Rhian Keyse (Birkbeck, University of London) on behalf of the Anti-casualisation committee, Liverpool John Moores University, London regional committee, University College London, North West regional committee West Midlands retired members branch and seconded by Karen Evans (University of Liverpool).

Motion 44 was CARRIED (for 175; against 1; abstentions 9):

听听听听听听听听听 Congress notes:

1.     The deplorable policy change of the Tory government in its treatment of refugees and asylum seekers with theannouncement of further anti-migrant measures including a deal to remove asylum seekers, military operations against refugee boats, and a new UK detention centre to imprison refugees.

2.     The 鈥楻wanda Plan鈥 for offshoring asylum seekers and the passing into law of the Nationality & Borders Act (April 2022) that effectively ends the right to claim legal asylum in Britain and threatens the citizenship rights of 6 million people, marking a huge escalation of the government鈥檚 racist 鈥榟ostile environment鈥.

3.     That 10 months ago Britain publicly criticized Rwanda鈥檚 failure to properly investigate human rights abuses and to protect and assist victims of human trafficking.

4.     That in Rwanda changing gender is illegal, adoption by LGBT+ couples is illegal, marriage of LGBT+ individuals is not recognised.

5.     Although threats of obstruction by civil service unions and PCS support for a legal challenge, the government has abandoned plans for pushbacks targeting boats at sea, deportations and fundamental attacks on the rights of refugees must be opposed.

6.     The Ukraine war and the Afghan crisis have exposed once again the government鈥檚 failure to respond adequately to humanitarian crisis.

听听听听听听听听听 Congress believes:

a.     Visa restrictions should be waived for all those fleeing war, whatever their nationality.

b.     it is incompatible with human rights to send LGBT+ asylum seekers who are seeking asylum in Britain to a country without basic rights for LGBT+ people.

c.     the attempt by the UK to outsource asylum processing strengthens cultural xenophobia and impacts all migrants living and working in the UK.

d.     Refugees are welcome in the UK

听听听听听听听听听 Congress resolves:

                i.       To work with refugee solidarity and antiracist organisations to campaign for the immediate withdrawal of the offshoring of refugees and the implementation of the Nationality and Borders Act.

              ii.       To campaign against the compulsory removal of all 'illegally' arriving people and their deportation to Rwanda, in defiance of the Human Rights legislation and the UK's international obligations.

            iii.       To campaign for intersectional equality issues to be fundamental considerations of the asylum process.

             iv.       Co-ordinate a public letter and meeting with other unions, condemning anti-migrant plans.

              v.       Call on the GS to write to MPs calling them to publicly condemn anti-migrant measures, and to support rolling-back existing legislation.

             vi.       support FDA and PCS members resisting the plan.

           vii.       advertise demonstrations on these issues and encourage branches to send delegations.

         viii.       establish links with unions and human rights defenders in Rwanda resisting offshoring.

             ix.       To campaign to say 鈥楢ll Refugees welcome here鈥.

              x.       To work with the TUC and other trade unions to inform our students and the public about the racist impact of such a policy and the serious harm this will cause in migrant communities.

9.14     Motion 45, Defend Abortion Rights, was moved by Rhiannon Lockley (NEC) and seconded formally from the chair.

Motion 45 was CARRIED (for 179; against 5; abstentions 7):

51福利 join our affiliate Abortion Rights in standing in solidarity with all facing escalating attacks on abortion rights in the US and worldwide. We condemn the leaked SCOTUS draft position on reversing Roe V Wade. We applaud the achievements of mass movements including in South America, Poland and the RoI and support those mobilising now in defence of the right to bodily autonomy and healthcare.

51福利 support the right to safe, legal abortion and note that this is something we continue to strive for in the UK.

We resolve to:

1. Send solidarity to sibling unions and activist groups mobilising in defence of choice

2. Support national and local solidarity demonstrations in support of abortion rights world wide

3. Organise regional and branch meetings to campaign on reproductive rights and build solidarity with global movements fighting for these

FOURTH SESSION OF CONGRESS, FRIDAY AFTERNOON, 3 JUNE

10         RULE CHANGE MOTIONS

10.1     Motion 52 FELL as no one was present to move the motion.

10.2     Motion 53, Rule change: subscriptions and parental leave, and motion 54, Rule change: notification re lapsed membership, were taken in the same debate and moved by Steve Sangwine (honorary treasurer) and seconded formally from the chair.

10.3     Motion 53 was CARRIED (for 164; against 2; abstentions 1):

Rule 7.6, delete 鈥榩arental duties on unpaid 濒别补惫别鈥, replace with 鈥榩arental 濒别补惫别鈥

The amended rule will read:

7.6 听听听 The National Executive Committee may issue directions that, subject to such conditions as they may determine, no subscription shall be due from members when they are undertaking parental leave or on unpaid professional study or are otherwise on unpaid leave.

10.4     Motion 54 was CARRIED (for 157; against 5; abstentions 2):

Rule 9.1, delete 鈥榖y letter, sent to the address notified by the member to the union as their preferred mailing 补诲诲谤别蝉蝉鈥

After 鈥28 days from the date of鈥, delete 鈥榣etter鈥, replace with 鈥苍辞迟颈蹿颈肠补迟颈辞苍鈥

Amended rule will read:

9.1听听听听听听 Where the correct subscription payments are not received from a member for five consecutive calendar months, the Union may notify the member that membership shall cease on the expiry of 28 days from the date of the notification, unless there is settlement of all arrears prior to the expiry of the 28 day period.

听听听听听听听听 Motion 55, Rule change: rule 17 Congress membership, was moved by Sam Morecroft (Anti-casualisation committee and seconded by Sean Wallis (UCL).Mark Pendleton (University of Sheffield) proposed remittance of motion 55. Adam Ozanne (NEC) spoke in the debate. Remittance of motion 55 was LOST (for 66; against 118; abstentions 4).

10.5     Motion 55 was CARRIED (for 123; against 59; abstentions 8):

Rule 17.1: Delete 鈥, or in the case of institutions/central groups/regional retired members鈥 branches with fewer than 100 members, by aggregations of members in institutions/central groups/regional retired members鈥 branches, as specified by Congress Standing Orders.鈥

Rule 17.2: Delete 鈥, or in an aggregation of members in institutions/central groups/regional retired members鈥 branches in accordance with Rule 17.1, as appropriate.鈥

10.6     Motion 56, Rule change motion, was moved by Marion Hersh (NEC) on behalf of the University of Glasgow and seconded by Mark Abel (NEC). Justine Mercer (vice president) proposed remittance of motion 56. Tilly Fitzmaurice (LGBT+ members standing committee spoke in the debate.Remittance of motion 56 was LOST (for 92; against 99; abstentions 8).Motion 56 was LOST (for 101; against 87; abstentions 10) (two-thirds majority required to pass):

听听听听听听听听 Add rule 34.2

The Sector Committees of the National Executive Committee are required to implement Sector Conference motions agreeing industrial action sanctions and do so in a timely manner unless prevented from doing so by exceptional circumstances.In the case of such exceptional circumstances the Chair of the relevant Sector Committee is required to write to all members within three days of the decision to explain these circumstances and why they prevent the industrial action sanctions.

10.7     Motion 57, Rule change motion: Industrial action committees, was moved by Mark Abel (NEC) on behalf of University of Brighton Grand Parade and seconded by Sean Wallis (UCL) who proposed that the amendment be taken in parts.Amendment 55A.1 was moved by Michael Carley (University of Bath):

听听听听听听听听听 35.1 Delete first sentence and replace with:

For all multi-institution industrial disputes, an industrial action committee will be constituted from delegates from each branch with a mandate for industrial action, and will exist for the duration of the dispute. The committee will be constituted immediately following the result of the first statutory ballot for industrial action in the dispute.

听听听听听听听听听 35.1 Add:

Meetings of the committee will be conducted in accordance with the Standing Orders of Congress, as appropriate. The quorum for meetings of the committee shall be half of the voting delegates.

听听听听听听听听听 35.3 Add:

The committee shall give or withhold its approval within five working days of being informed of the decision. If the committee does not explicitly withhold approval, the decision shall be considered approved.

David Hitchcock (Canterbury Christ Church University) proposed remittance of motion 55.Joanna de Groot (NEC), Dyfrig Jones (Bangor University), Philippa Browning (NEC) and Peta Bulmer (University of Liverpool) spoke in the debate.Remittance of motion 57 was LOST (72 for; 115 against; 12 abstentions).The proposal to take amendment 57A.1 in parts was LOST (88 for; 98 against; 14 abstentions).

Amendment 57A.1 was CARRIED (for 157; against 22; abstentions 15).Motion 57, as amended, was LOST (for 104; against 83; abstentions 13)(two-thirds majority required to pass):

Insert new rule 35 (renumber remaining rules accordingly)

35.1 For all multi-institution industrial disputes, an industrial action committee will be constituted from delegates from each branch with a mandate for industrial action, and will exist for the duration of the dispute. The committee will be constituted immediately following the result of the first statutory ballot for industrial action in the dispute. Delegates will be elected by branches, with an entitlement of one delegate per branch who will wield a vote weighted in proportion to their Sector Conference delegate entitlement. Each involved branch without a mandate may send a non-voting delegate and NEC members from the relevant sector/subsector may attend as observers. The committee will be chaired by the relevant Vice President (for single sector disputes), or by the President (for cross-sector disputes). The frequency of meetings will be determined by the committee. Branches may send different delegates to each meeting.Meetings of the committee will be conducted in accordance with the Standing Orders of Congress, as appropriate. The quorum for meetings of the committee shall be half of the voting delegates.

35.2 The scope of the industrial action committee is limited to the dispute for which it is constituted.

35.3 No decision affecting the continuation, strategy, or ending of an industrial dispute, including putting to the membership for approval a proposed deal to settle the dispute, will be taken without the approval of the industrial action committee constituted for that dispute.The committee shall give or withhold its approval within five working days of being informed of the decision. If the committee does not explicitly withhold approval, the decision shall be considered approved.

10.8     Motion B9, Rule change motion: Political representation, and amendment B9A.1 were moved by Sam Morecroft (Anti-casualisation committee) and seconded formally from the chair:

Delete: 鈥淣otwithstanding any other provision of these Rules, the 蹿耻苍诲蝉鈥

Replace with: 鈥淭he political 蹿耻苍诲蝉鈥

Steve Sangwine (honorary treasurer), Janet Farrar (president elect) and Grant Buttars (University of Edinburgh) spoke in the debate.

Amendment B9A.1 was CARRIED (for 116; against 45; abstentions 27).Motion B9, as amended, was LOST (for 78; against 96; abstentions 14):

B9 Rule change motion: Political representation  Anti-casualisation committee

Delete rule 2.10 and replace with new rule 2.10:

鈥淭he political funds of the Union and its respective nations may be used to support candidates for political office or to affiliate to political parties, provided these candidates/parties are compatible with the aims and values of the union and this is democratically endorsed by full meetings of the relevant executive body or by the relevant decision-making Congress.鈥  

11         BUSINESS OF THE RECRUITMENT, CAMPAIGNING AND ORGANISING COMMITTEE

11.1     Motion 58,Continued work in recruitment, organising and campaigning, was moved by Jo McNeill (NEC) and seconded formally from the chair.

Motion 58 was CARRIED (for 156; against 9; abstentions 1):

Congress notes the progress made by ROCC in implementing the policies set by Congress, notably

1. Support for national disputes in HE, FE, and Prison education

2. Support for branches, including with GTVO and disputes

3. Strengthening recruitment to build greater union density in all our sectors

4. Developing training and education for activists

5. Providing support for priority, national industrial campaigns.

It further notes the impact of the pandemic on this work.

It supports continued focus on these areas working

a.  to engage and involve our diverse groups of members

b. to actively support recruitment, campaigning and organising activities nationally, regionally, and locally

c.  to ensure issues of climate justice and sustainability are integral to our work

d. to oppose the Police, Crime, Sentencing and Courts Bill and oppose the workings of any subsequent Act

e.  to progress ROCC related Congress resolutions

11.2     Motion 59, Levelling up, post-16 education and the Green New Deal, was moved by Juliana Ojinnaka (NEC) on behalf of the Yorkshire and Humberside regional committee and seconded by Glenn Burgess (University of Hull).

Motion 59 was CARRIED (for 162; against 2; abstentions 4):

Congress notes:

1. Government statements about 鈥榣evelling up鈥 in economic and social provision.

2. The extent of deprivation and disadvantage in much of the UK, including the Yorkshire and Humberside Region;

3. The negative effects that poverty, bad housing, digital poverty and poor transport provision have on student learning;

4. The importance of social justice and inclusion in building the Green New Deal;

5. The contribution that post-16 education makes to economic, social and environmental regeneration.

Congress resolves to:

a.  Continue and strengthen campaign work with local authorities, including elected mayors, trade unions, student and educational organisations for significantly better funding of post-16 education.

b. Support curriculum developments which contribute to the Green New Deal and economic, social and environmental regeneration.

c.  Work with environmental groups to promote education and research which build the Green New Deal.

d. Campaign with the TUC and other trade unions for Government 鈥榣evelling up鈥 policies to deliver improved living standards and be environmentally-friendly.

11.3     Motion 60, Strengthen organising by pursuing a Green New Deal through a national joint claim; climate emergency anti-casualisation, was moved by Peter Wood (Open University) and seconded by Paul Catherall (University of Liverpool).

Motion 60 was CARRIED (for 145; against 6; abstentions 7):

Congress believes:

1. Climate change, and decarbonization have implications for job security, pay and terms and conditions in HE and FE.

2. Precariously employed members of staff are particularly exposed to these risks.

3. Casualisation undermines the capacity of workers to live sustainably, and to participate and contribute to the shift to a more sustainable education sector.

4. National Joint Claims鈥 power to secure improvements beyond pay uplifts, and so to recruit and organise members, is under-recognised.

5. Climate emergency anti-casualisation is an area of potential transformation.

6. That precarious employment is often carbon intensive, featuring significant commuting and home moves.

7. That decarbonisation will negatively affect some jobs.

Congress resolves that 51福利:

a.  Exemplify collective bargaining by developing and submitting a Green New Deal national claim to FE and HE negotiating forums, including but not limited to:

                         i.       A Just Transition Commission in HE and FE, including transition planning and job (role) frameworks, job security, and review of research funding tied to environmental harms.

                        ii.       Sustainable, just work providing stability for employers and employees to adapt, and a roadmap out of precarity.

                      iii.       Skills transition; paid time for sustainability CPD, including on casualised and outsourced contracts

                      iv.       Trade Union environment representatives鈥 facilities time

b. Use Trades Union Congress structures to promote multi-union campaigning for a Just Transition.

11.4     Motion 61, Climate Justice, motion 62, Climate crisis: training for zero carbon jobs, and motion 63, Careers Services: informing students and supporting the low carbon economy, were taken in the same debate.Motion 61 was moved by Mike Farmer (South West retired members branch) and seconded by John Fones (South West regional committee). Motion 62 was moved by Liz Lawrence (Yorkshire and Humberside retired members branch) on behalf of the West Midlands retired members branch and seconded formally from the chair.Motion 63 was moved by Estelle Hart (Academic related, professional services staff committee) and seconded formally from the chair.

Motion 61 was CARRIED (for 159; against 4; abstentions 6):

Congress supports the development of a climate justice movement demanding action for a just transition from fossil fuels to climate jobs in the UK, and for support and reparations for those in the global South experiencing the deepening climate catastrophe.

Congress continues to value the trade union work of the Greener Jobs Alliance and the Campaign against Climate Change in the UK.

Congress resolves to:

1. Develop our climate justice policies, utilising the knowledge and skills of 51福利 Green Reps;

2. Support mobilisations by trade unions and others around Climate Justice and publicise these to members;

3. Develop a Just Transition Plan involving skills audits, training, workplace mitigation and adaptation;

4. Disseminate the 鈥淐limate Jobs鈥 pamphlet from the Campaign against Climate Change TU Group , as a blueprint for emergency transition to a carbon-free economy.

Motion 62 was CARRIED (for 161; against 4; abstentions 3):

Congress notes:

1. the urgency of the climate crisis;

2. the positive impact of retrofit action for energy efficient homes;

3. Glasgow's impressive in-house model of retrofitting.

4. the need for all homes to be energy-efficient, initially to reduce, then as part of plans to totally eliminate, burning of fossil fuels.

Congress resolves to press for:

a.  Trade union and residents' participation in local retrofit plans;

b. Clear, funded plans for Centres of Excellence in Zero Carbon Skills, at levels from Entry level to HNC Diploma and degree, provided collaboratively by local FE colleges and universities and responsive to students鈥 demands.

Congress calls on 51福利 branches:

to approach relevant councillors and council officers, in liaison with local trades unions and Trades Councils, to urge their local management to actively promote learning of Zero Carbon Skills.

Motion 63 was CARRIED (for 160; against 5; abstentions 3):

Congress notes:

1. Impartial, evidence-based advice by careers services is valuable for students and wider society.

2. Careers services promoting roles in oil, gas and mining industries is likely contributing to the global climate crisis, and leading students into careers which will decline as we rapidly decarbonise our economies.

3. Congress 2017 passed a motion resolving to campaign for a Just Transition to a low carbon economy.

Congress resolves to:

a.  Actively work with People & Planet to publicly support the student-led Fossil Free Careers campaign, calling on careers services to align their operations with sustainability considerations particularly by declining to promote oil, gas and mining companies.

b. Produce a website statement about this motion, 51福利 support for this campaign and amplify calls to action.

c.  Support the activities of the Green New Deal and work with GND working group to promote this activity in parallel and in overlap where appropriate.

11.5     Motion 64, Waste incineration is an environmental disaster, was moved by Mike Barton (London retired members branch) and seconded by Merilyn Moos (London retired members branch).

Motion 64 was CARRIED (for 156; against 5; abstentions 9):

Waste incinerators currently release an average of around 1 tonne of CO2 for every tonne of waste incinerated. The release of CO2 from incinerators makes climate change worse and comes with a cost to society that is not paid by the companies incinerating waste.

In addition to greenhouse gases, incineration releases nitrogen oxides, sulphur oxides, hydrogen chloride, dioxins, furans, heavy metals, and particulate matter.

Waste incinerators are 3 times more likely to be sited in deprived areas.

We welcome the recent campaign against the Edmonton incinerator formed of coalition of Black Lives Matter, Extinction Rebellion, UNITE Community and local trades councils, with the full support of the TUC London, East and South East region.

We also welcome the legal challenge from Stop the Edmonton Incinerator Now.

Support just transition agreements for those workers currently employed in the sector.

We request 51福利 to consider supporting United Kingdom Without Incineration Network.

11.6     Motion 65, No escalation of fracking and nuclear power, was moved by Marion Hersh (NEC) and seconded formally from the chair.Philippa Browning (NEC) spoke in the debate.

Motion 65 was CARRIED (for 110; against 47; abstentions 18):

Congress notes:

1. The urgent need to reduce global greenhouse gas emissions by at least half by 2030.

2. The dangerous escalation of the nuclear arms race.

3. Johnson鈥檚 recent comments that up to six new oil and gas fields are to be approved and the moratorium on fracking will be reviewed in response to the war in Ukraine.

Congress believes:

a.  Increasing reliance on nuclear energy will not meet our urgent climate targets.

b. We need to use the opportunity to make the transition to renewable energy and end fuel poverty.

Congress resolves to:

                i.    Reaffirm 51福利鈥檚 commitment to oppose nuclear weapons, nuclear energy and fracking.

              ii.    Order 500 copies of Climate Jobs: Building a workforce for the climate emergency, the new report from CACC.

            iii.    Affiliate to Frack Off and encourage members and branches to join local anti-fracking groups and take part in actions against fracking and nuclear power.

12         Congress REMITTED all motions remaining on the agenda to the NEC (motions 20 鈥 31 (business of the Strategy and finance committee), 46 鈥 51 (business of the Education committee), 66 鈥 70 (business of the Recruitment, campaigning and organising committee) (for 155; against 14; abstentions 4).

13         CLOSING BUSINESS

13.1     Election results

听听听听听听听听听 The chair announced the following election results:

Appeal Panel:

Mike Barton (London retired members branch), Gavin Brown (Sheffield Hallam University), David Harvie (University of Leeds), Ruth Holliday (University of Leeds), Ron Mendel (University of Northampton) (all three-year terms)

Congress business committee:

FE members of CBC (2-year terms): Chris Jones (NPTC group), Saleem Rashid (The Sheffield College)

HE members of CBC (two 2-year terms): Dyfrig Jones (Bangor University), Adam Ozanne (University of Manchester)

13.2     The results of other ballots conducted at Congress (national negotiators, USS Superannuation Working Group) would be made available to members as soon as possible following Congress.

The President called on Congress to welcome the incoming President Janet Farrar. The incoming President addressed Congress and thanked the Congress business committee, 51福利 staff and staff from Civica Election Services.Janet thanked Vicky Blake for her chairing of Congress and delegates for their contribution.