NEC's report to the 1999 Annual Conference and policy propositions
The National Executive Committee
1 The National Executive Committee has, since conference 1998, met on the following dates: in 1998, on the 30/31 May, 11/12 July, 23 August, 27 September, 8 November, 13 December: in 1999, on the 24 January, 7 March, 18 April, 23 May.
2 The NEC's report to the 1998 conference included reference to the fact that the ballot for the General Secretary election had opened. However, the result of the ballot which closed on 5 May 1998 came after the 1998 annual report had gone to press. The report of the independent scrutineers, Electoral Reform Ballot Services, was circulated verbatim to branches in Branch Circular 520/1998, and showed that Roger Bolton had received 5,123 votes (66%) and Vincent Feiner 2,652 votes (34%). 29% of members took part in the ballot, which cost £12,230. Roger Bolton was therefore re-elected to the position of General Secretary for the period of office commencing on 1 November 1998.
3 The members of the National Executive Committee elected with effect from the 16 May 1998 were: Jack Amos, Sean Barker, Helene Bevan, Robert Cann, Robert Caswell, Peter Cox, Mark David-Gray, Tudor Gates, Tony Lennon, Lynn Lloyd, Andy Love, Turlough MacDaid, Peter Martin, Jack McNairn, Tony Scott, Margaret Watts, Cris Woodcock. The NEC elections cost £6,962 in total.
4 In June 1998 a by-election was conducted amongst members in the Independent Broadcasting Division to fill the vacant position on the NEC. James McGirr was elected to the NEC on 3 July 1998. The IB NEC by-election was uncontested, and there was no cost.
5 The General Officers elected by the NEC on the 16 May 1998 were: Tony Lennon (President), Tudor Gates (Vice-President), Turlough MacDaid (Treasurer).
6 When the Finance & General Purposes Committee met on the 27 June 1998 Lynn Lloyd was elected Chair of the Finance & General Purposes Committee. The NEC believes that this has gone some way towards meeting the spirit of the proposition remitted to the NEC at last year's conference on the gender composition of the General Officers of the union.
7 The NEC at its meeting on the 30/31 May 1998 decided to hold the union's 1999 rules revision conference and 1999 annual conference in Bournemouth.
8 The minutes of the 1998 annual conference were circulated to branches in Branch Circular 524/1998 dated 20 May 1998.
9 During the course of 1998 the National Executive Committee received two complaints alleging that members were guilty of offences listed in rule 24. The National Executive Committee, using its authority under that rule, referred the two complaints to the Disciplinary Committee.
10 The Disciplinary Committee convened hearings in accordance with Appendix A to the union's rule book to consider each of the complaints.
11 The first hearing was held on the 7 December 1998 to consider a complaint against Mr Michael Seymour of alleged racist behaviour. The findings of the Disciplinary Committee were "In the absence of the appellant Michael Seymour, but on the evidence of the complainant and three witnesses, we find the complaint of behaviour counter to rule 5 clauses (k) and (l) proven, and that the penalty under rule 24 clause (c) subclause (iii) should be that the appellant be suspended from all office in the union for a period of six months."
12 Mr Seymour was informed of his right to appeal but did not exercise this right. The National Executive Committee at its meeting on the 13 December 1998 imposed the penalty decided upon by the Disciplinary Committee.
13 The second hearing was held on the 8 January and 2 March 1999 to consider two complaints against Mr Michael Wilding of alleged sexual harassment. The findings of the Disciplinary Committee were: "The Committee finds that the balance of evidence on behalf of the complainants, written, verbal and cross-examined, weighs convincingly against the evidence, verbal only, of the appellant. The Committee regrets but is undeterred by the appellant's refusal to make available the documentary evidence he claims is in his defence, and his refusal to co-operate further with the Committee. The Committee notes that the records show that the appellant has been in arrears of subscriptions to BECTU since February 1998. The decision of the Committee therefore is that Michael Wilding is held to be in breach of rule 24(a) subclauses (ii) and (iii), that rule 12(c) should be applied to terminate Michael Wilding's membership of BECTU through lapsing, and that the National Executive Committee should regard the breach of rule 24(a) as sufficient reason to refuse Michael Wilding readmission to membership under rule 12(e) (that is, an exclusion entirely attributable to his conduct). The Committee further recommends that in the interests of natural justice Michael Wilding be afforded the right to appeal against this decision before his membership is terminated."
14 Mr Wilding was informed of his right to appeal but did not exercise this right. The National Executive Committee at its meeting on the 18 April 1999 imposed the penalty decided upon by the Disciplinary Committee.
15 The National Executive Committee at its meeting on the 27 September 1998 agreed procedures for the conduct of secret ballots at BECTU meetings, which are mandatory in respect of secret ballots held by the National Executive Committee and its sub-committees and by divisional and sub-divisional committees, and have been published as a model of good practice for secret ballots held by branches, branch committees and other bodies of the union. The code of practice is attached as Appendix A to the National Executive Committee's report.
Finance
16 The union continues to operate under the provisions of a facilities agreement between BECTU and Unity Trust Bank. The facilities BECTU currently has with the Bank are an overdraft facility of £150,000 and a loan facility of £312,000.
17 1998 proved to be an extremely difficult year in relation to the union's finances. It became clear to the 1996-98 National Executive Committee at its meeting immediately prior to the union's 1998 annual conference that the union was heading for a deficit in 1998 of approximately £162,000. Much of the pre-conference National Executive Committee meeting was taken up with a debate as to whether or not to report this to the union's 1998 conference. It was decided that to do so would have been to throw that conference into chaos and to create the worst possible environment in which to try and find solutions to a serious financial problem. It was therefore decided that the incoming 1998-2000 National Executive Committee should deal with this matter at its first meeting.
18 When the newly elected National Executive Committee met for the first time on the 30/31 May 1998 it had to consider the forecast deficit of £162,000 for 1998 in addition to the accumulated deficit from 1997 of £101,089, and to try and identify a course of action that would resolve the financial difficulty. The National Executive Committee at its meeting on the 30/31 May 1998 agreed to make savings on the staff expenditure of £265,000.
19 The cost of the consequential restructuring exercise and the cost of replacing the membership computer created the need for the National Executive Committee to agree a loan facility with Unity Trust Bank of £312,000, which is to be repaid over five years.
20 The final quarter's income for 1998 saw a marked improvement in our financial position, largely as a consequence of the introduction of the new subscription structure in the production divisions of the union. Attached as Appendix B to this report is the income and expenditure forecast for 1999 approved by the National Executive Committee on the 8 November 1998.
21 The National Executive Committee at its meeting on the 18 April 1999 examined the first quarter's income figure for 1999 with disappointment. If the same level of income is repeated in each of the remaining three quarters, BECTU would have a deficit at the end of 1999 of £109,000. The first quarter's income figures are attached as Appendix C.
Restructuring
22 The financial problem facing the union was one of the factors behind the major restructuring of resources put into effect in November 1998, but it was not the only factor. The fact that the existing Deputy General Secretary, Roy Lockett, is to retire in August 1999 was another factor, as was the need for the efficient use of resources.
23 The NEC at its meeting on the 30/31 May 1998 considered a number of different options put forward by the General Secretary in respect of the restructuring proposals. The NEC decided to put in place a structure which, if successful, will result in the DGS's post not being replaced when Roy Lockett retires in August 1999. The new structure involved the creation of two Assistant General Secretary posts; one of which was to be responsible for members in the London Production Division, Regional Production Division and the Laboratories Division, and the other responsible for members in the IB Division, BBC Division and A&E Division. These posts were advertised internally and boarded and the successful candidates were Marilyn Goodman and Gerry Morrissey. The posts have been filled on an acting basis until the conclusion of the union's 1999 conference. The postholders will be confirmed in post subject to satisfactory performance and if the 1999 rules revision conference accepts the NEC's proposition to abolish the DGS post under rule.
24 The Supervisory Officials under the new structure are Luke Crawley, who has responsibility for the BBC Division; Sharon Elliott, who has responsibility for the IB Division; Willy Donaghy, who has responsibility for the A&E Division; and Martin Spence, who is responsible for the officials in the LPD and RPD divisions.
25 The National Officials have been split into two groups: NOs Jim Carroll, Sue Harris, Spencer MacDonald, Tom Bell, David Donovan and Freda Chapman service members in the divisions for which AGS Marilyn Goodman has responsibility. NOs Jim Johnston, Irene Fick, Christina Driver, Peter Coggon, Sharon Elliott, Brian Marsh, David Beevers and Annie Dawson service members in the areas for which AGS Gerry Morrissey has responsibility. NOs Trish Lavelle and Paul McManus work across both areas.
26 The NEC would wish to make clear that had it come to a different conclusion about the future of the DGS's post and decided to continue with the post, that decision would not have affected the new servicing arrangements for divisional committees.
Proposition 1/99 Assistant General Secretary (AP3)
That this annual conference is concerned that the post of Assistant General Secretary was created with seemingly little or no consultation with BECTU members. Conference therefore insists that the NEC must:
(a) justify the creation of this post at this conference
(b) seek its approval to maintain the post after a full debate.
Bush House 2
Caversham 1
Proposition 2/99 Assistant General Secretary (AP4)
That this annual conference notes that the quality of service afforded by BECTU to many sub-divisions and areas such as the BBC World Service has continued to decline. Conference therefore deplores any proposals which would further reduce the effectiveness or quality of officers in the field. Conference is therefore urged to reject any proposal to appoint an Assistant General Secretary and moves that officers return to the less top-heavy structure of General Secretary, Supervisory Officials and National Officers.
Bush House 2
Caversham 1
27 As a result of the restructuring, one specialist officer, three National Official posts and four secretarial staff posts were made redundant. There will be an additional saving when the DGS retires in August 1999. The total saving from the restructuring proposals will amount to £265,000 in a full year.
28 It has been necessary to make new arrangements to carry on with the work that Jane Paul was responsible for during her employment with BECTU, and the National Executive Committee has agreed that Supervisory Official Martin Spence and Peter Coggon will be the two officials responsible for co-ordinating the union's activities on safety, and that National Officials Irene Fick and Freda Chapman will be the officials responsible for co-ordinating the union's activities on equality.
29 The National Executive Committee have also reached a consultancy agreement with Jane Paul whereby she will carry out a range of work for BECTU during 1999, including health and safety training for safety representatives, and advising the officials responsible for equality. These arrangements will be reviewed by the NEC and Jane Paul in August 1999.
30 The restructuring proposals saw one of the most comprehensive consultation exercises that has taken place since BECTU came into existence, with branches, divisions and sub-divisions all submitting their views to the NEC.
Structure working party
31 Conference proposition 2/98 called upon the NEC to form a working party to review the modus operandi and raison d'être of the union as a whole. This working party was set up by the NEC at its meeting on the 23 August 1998. Members of the working party were Vice-President Tudor Gates, Peter Cox, Margaret Watts, Turlough MacDaid and the Deputy General Secretary. The officer responsible for servicing the working party was the Journal Editor/Press & Publicity Officer, Janice Turner. The working party met on the 9 November, 26 November, 11 December 1998, 22 January and 23 February 1999. Its report was published in April as a consultation document to branches and divisions (Branch Circular 543/1999); it will be submitted to conference as supplementary report number 1.
Compromise agreements
32 The National Executive Committee at its meeting on the 27 September 1998 agreed that "pursuant to the Employment Rights (Dispute Resolution) Act 1998 Section 9 and Schedule I, the General Secretary be authorised on behalf of the National Executive Committee of the Broadcasting Entertainment Cinematograph and Theatre Union (BECTU) to certify that the following named Officials of BECTU are competent to give advice, and authorised to do so on behalf of BECTU, for the purposes of compromise agreements pursuant to the Employment Rights Act 1996 Section 203, the Sex Discrimination Act 1975 Section 77, the Race Relations Act 1976 Section 72, the Trade Union and Labour Relations (Consolidation) Act 1992 Section 288 and the Disability Discrimination Act 1995 Section 9: Luke Crawley, Willy Donaghy, Sharon Elliott, Marilyn Goodman, Gerry Morrissey, Martin Spence." Those officials, as required by the 1998 Act, are covered by professional indemnity insurance for this purpose.