Oct 11 - Unite Sends Open Letter To GGCA Members On Customs Rotation
The following letter was sent to GGCA members by Unite the Union:
Re – Internal Rotation.
Over the last few days much has been said in relation to the issue of rotation in the Customs Department. The issue is not one of Unite vs. GGCA but rather one of Natural Justice. Unite is of the opinion that it is important for Unionised and non Unionised labour to be clear as to the facts surrounding this issue, in order to avoid misleading statements.
Unfortunately the press release/bulletin issued by GGCA on the 9th October under the heading “The Uncomfortable Truth” contains a number of inaccuracies and omissions that cannot remain unanswered. The two distinct positions and consequently the stand taken by the different Unions are based on the fact that one Union recognises that there is an issue of acquired rights and the other union does not.
Yes, we find the present situation uncomfortable, because facts are being manipulated to justify what is essentially unfair. In this respect we are also surprised, concerned and disappointed because as trade unionist (GGCA and Unite) our aim is not only to serve our members but also to focus on the wider picture and see how our actions and or omissions affect other departments. Unite feels strongly that not recognising the issue that employees have acquired rights in these circumstances has its implication for other Government departments.
Contrary to what is being implied we do not shy away from the issue that we do not oppose ‘rotation’ ‘change’ ‘modernisation’ ‘flexibility’ or whatever term is being used to describe a process that brings about the implementation of new terms and conditions of employment. What we are saying is that our role as a Trade Union is to ensure that it is done in a way that is fair and guarantees that the rights of the employees are protected. This is a principle that should apply to all employees irrespective of where they work, the type of work that they perform or whether they are unionised or not.
The way that the rotation formula has been introduced is definitely unnecessary and unjustified. A ‘Staff Transfer Agreement’ should be regulated by a statement of practice that ensures clear and consistent policy for the treatment of staff and definitely the agreement entered to by G.G.C.A. Officials and Customs Management does not provide clear and consistent policy.
It is unfair to single out in the document the application formula in respect to the rotation cycle that applies only to a few professionals (names included). It is also unfair treatment to highlight in the document an option for extending the rotation cycle to an employee (name included) if he accepts in writing to retire at the age of 55yrs. It is thought provoking that the decision to add an appendix to the ‘Staff Transfer Agreement’ in relation to how the conditions under which staff members in a specialist post will be required to rotate omits to mention the formulas to be used in the other 5 specialist post and primarily WHO will be exempted from rotation.
The G.G.C.A. bulletin/press release refers to the ‘Argylle & Pedley Report’ as a basis for ’Organisational restructure, Staff and Manning Levels, Pay and Remuneration, Specialist Equipment, and Resources’ but fails to mention where in the report it suggest that ALL sections within the Customs Department should rotate. The GGCA should know that there are sections within many organisations where ‘rotation’ of staff is not recommended for professional reasons.
The G.G.C.A. as a Union should realise that there are rights that are acquired by employees. An employee that has been appointed or transferred to a new post after a departmental selection procedure with involvement from Human Resources should not have his or her terms and conditions changed. In one particular case an employee was selected more than 7 years ago by a panel in a department from a selection of 8 applicants to a department where the rotation principle has NEVER applied is totally unfair. The GGCA is using arguments that are more in tune with the most reactionary of managers and not those that should be geared to defend the rights of employees irrespective of affiliation.
‘Transferring out’ a suitable and competent officer from a specialised unit for an officer that needs experience and skills is NOT the best way to provide incentives to employees and in the process expect improvements to these respective departments. It is a red herring to state that ‘transferred out’ officers from specialist units will transmit their acquired knowledge to other departments when that specific knowledge applies only to that specialised department.
The personal attack on previous staff representatives is wholly unjustified given that the ‘Collective Agreement for Staff Transfers’ has a whole section assigned to the application of the rotation process to the ‘Dog Section’ a section that does not exist as the G.G.C.A. rightly says. Why ignore the pressure under which these employees have been subjected to? If the G.G.C.A. who today holds negotiating rights, has allowed the department to be transferred to the Royal Gibraltar Police why then include this section in the agreement? Why allow in the agreement a mechanism under which a possible new dog handler can exceed the rotation cycle that would normally apply to his colleagues?
Our request is for ALL employees in the Customs department to be treated fairly. We recognise that ALL rotation arrangements are complex and likely to cause apprehension if not handled openly and consistently by the department. It is not in the interest of the Custom Department or the taxpayer, for staff to be alarmed about the prospect of loss of earnings and a reduced pension in a departmental transfer that depends on staff motivation and continuity for delivery of good quality public services.
As Trade Unions we should subscribe to the principles of;
- to treat staff fairly;
- to do so openly and transparently;
- to involve staff and their representatives fully in consultation about the process and its results; and
- to have clear accountability within the department for the results.
Staff should not be penalised by the loss of earnings or by a reduced pension in the process for the introduction of rotation. G.G.C.A. officials need to recognise that in all processes of change there are circumstances where there are identifiable cases where certain employees will be economically worse off as a result of the introduction of that change. In this case appropriate compensation has not even been considered.
Like the G.G.C.A. Unite has made numerous representations on the Customs issue for the past 9 month. Unfortunately G.G.C.A. Officials have taken the stance throughout these negotiations not to sit down with any Unite representatives or Officials. Following this strong stance has without a doubt jeopardised any future joint representations/negotiations throughout all Public sector departments.
Unite will request from management to reconsider their position and review the terms under which it intends to introduce the Rotation System. A fair approach to the implementation of the rotation system must be guaranteed.
