NEC Report to BECTU 2002 Conference paragraphs 193-271
Research, legal and other services
Research
193 During the year, BECTU has contributed to public policy debates whenever relevant and significant to our members. Most of the submissions are included on the BECTU website.
Broadcasting
194 Following the union's earlier submission on the Communications White Paper, BECTU responded to the Government's additional consultation on Media Ownership Rules. The union's statement emphasised the need for stronger regional commitments in ITV in the event of any weakening of ITV ownership regulations; and strong opposition to any dilution of cross-media ownership rules.
195 BECTU also presented a paper in favour of the new BBC Digital Services and made a follow-up submission in favour of the BBC's revised proposal for a BBC3 digital service.
196 Additionally, the union has made both verbal and written submissions to the House of Commons Committee on Culture, Media and Sport - most recently in connection with digital terrestrial television.
Film policy
197 The union has monitored development on film policy, including the renewal of tax relief for film production and European Parliament discussions on support for the film industry from broadcasters.
198 BECTU made a response to the European Commission Consultation on 'Legal Aspects Relating to Cinematograph and Other Works' - including issues such as the definition of a European Work and the idea of European Rightholders' Database.
Employment protection
199 Employment protection legislation continues to develop, most recently through the latest Employment Bill.
200 The union's work in this area has focused on issues such as the Fixed Term Work Directive and its implementation in the UK; revised regulations on employment agencies; the extension of employment rights to broader groups than 'employees'; and revised Employment Tribunal procedures.
201 BECTU is also participating in drafting proposals for future legislation in conjunction with the Institute of Employment Rights.
European Policy
202 BECTU hosts meetings of a European Working Group attended by fellow FEU unions and other organisations.
203 Issues covered include the review of Television Without Frontiers; the GATS (General Agreement on Trade and Services) negotiations covering the cultural sector; the European Commission's examination of Public Service Broadcasting; and the establishing of European Social Dialogue with employer organisations.
Copyright
204 In conjunction with the BECTU Copyright Committee, the union's work on copyright has covered issues such as: the Copyright Directive, the Directive on Artists' Resale Right and the Alliance for the Protection of Copyright.
205 Through BECTU's affiliation to DACS (Designers' and Artists' Collecting Society), a number of BECTU members from the animation and art department areas were for the first time ever able to gain access to secondary payments via the successful DACS Payback 2001 Campaign.
206 The union expressed thanks to Geoffrey Adams for his excellent period of work as BECTU's Copyright Consultant, which came to an end in September; and warmly welcomed Janet Ibbotson as his successor.
Skillset Research Committee
207 The Research Officer's participation in the Committee has allowed a continued BECTU input into Skillset's very broad programme of labour market research.
Legal services
208 BECTU's legal service has yet again won over £1m from members during the past year, with many successful settlements on personal injury, employment protection and contract cases.
209 Extensions of the service during the year included:
- A free legal service on personal injuries not just at work but also way from work (also covering family members for accidents away from work).
- A free legal helpline on all non-employment issues on a 24 hour/365 day basis.
- A criminal law service for members and their families.
Other services
210 BECTU Stakeholder Pension scheme was launched successfully. By the start of this year, over 100 companies throughout our industries had formally designated the BECTU scheme as the one their workers are offered the opportunity to join.
211 Advice on tax and national insurance continues to be provided, with an additional examination of possible new occupations for inclusion on the Inland Revenue's Schedule D list.
Proposition 15/02 (AP16) Stakeholder pensions
That this annual conference requests the NEC to [propose at Congress] that the TUC will press the Government for compulsory contributions on stakeholder pensions of 5% by all employers.
Proposition 16/02 (AP9) Membership services
That this annual conference instructs the NEC to investigate the possibility of reintroducing a Jobs List for members, and to report back to the next conference.
Public liability insurance
212 The union was informed in early January 2002 that the insurers who have offered the public liability insurance for our freelance members no longer wished to offer this type of insurance, and our brokers sought to place the policy elsewhere. There are very few insurance companies who are now willing to undertake this type of high risk insurance, and the consequences of our brokering the insurance policy was a 500% increase in the cost of the policy. The National Executive Committee, at its meeting in January, agreed that it would not be possible to absorb the cost of this increase into our income and expenditure budget, and that if BECTU was to continue to offer public liability insurance to its freelance members then the cost of the increase in the premium would need to be passed on. Before taking this measure it was decided to ballot all freelance members to ensure that they regarded this type of insurance as a valuable benefit. The response to the ballot was an overwhelming 3,496 members who voted that they would be prepared to pay an extra £12 a year in order to continue this benefit, with 230 voting against doing so. Head office will be making practical arrangements to put this into effect in the run-up to the union's annual conference.
Health and safety
213 The union's work on health and safety continues on a number of different levels - branch, divisional and national.
214 At national level the union is working towards a position in which BECTU accreditation as Safety Representatives will only be available to members undertaking recognised Stage 1 health and safety training.
215 The BECTU Health and Safety Bulletin is distributed on a periodic basis to all members on the union's health and safety database. The National Health and Safety Committee has also met on a regular basis.
216 Issues and developments during the year have included: the need for additional safety representation in freelance and casual areas (e.g. through roving safety reps or full-time officials); identifying HSE Inspectors with responsibilities for our sector; health and safety training (including British Red Cross courses at BECTU and freelance bursaries); development of a Skillset Health and Safety Trainers Database; hazards (smoke effects; radiation); Scottish Theatre Safety Net; Scottish pilot 'passport' (health and safety accreditation) scheme; Union Inspection Notices.
217 BECTU continues to be represented on the HSE's Broadcasting Joint Advisory Committee and its related Working Groups. The union has also sent delegates to a range of health and safety events including the Hazards Conference and TUC Safety Convention.
Stage Screen & Radio
218 At the helm of the journal during 2001 was Nick Wright, covering for Journal Editor Janice Turner who had a baby in March. She returned to work in January this year.
219 The journal kicked off the year with a focus on the long-awaited Communications White Paper. Alongside the extensive news reporting of industrial developments, the journal also looked back at key moments in trade union history including the General Strike, the Tolpuddle Martyrs and 100 years of poverty pay in theatres. The history and current scene at London's Adelphi Theatre was another subject, along with the Royal Opera House and English National Opera, where BECTU launched its highly rated TOSCA key skills project last year.
220 The union made many significant gains last year and the journal carried, for example, reports on the new Code of Practice on copyright and the launch of skillsformedia.
221 On technology, the Masterclass series continued with coverage ranging from new media gadgets, lenses, non-linear editing and the changing role of the editor.
222 The union's defeat of the British government in the European Court was celebrated in the magazine, and also on the subject of law Jennie Walsh, a lawyer at Thompsons, provided an occasional column.
223 On a wider political level, during the General Election Labour and Conservative policy was compared and members were urged to elect Labour for a second term. Later in the year the journal covered the horrific attack on the World Trade Centre.
224 Unfortunately the journal suffered a collapse in advertising revenue last year and following the abrupt termination of the contract of the advertising contractors, a new company was found at short notice.
Proposition 17/02 (AP8) Stage Screen & Radio
That this annual conference urges the NEC to consider the formation of an editorial committee to monitor the direction of the journal.
Training
225 The BECTU Training Committee has convened regular meetings throughout 2001-2002. The Committee has been fortunate to benefit from the experience and knowledge of the chair Ann Jones, who has been elected to this position for a number of years. The Training Officer Trish Lavelle is secretary to the Training Committee.
226 The year has been an extremely productive one which has seen a number of new training initiatives come on stream, with an increase in activities involving careers information and new entrants, and an emphasis on working with employers to provide access to skills for our members. During the year over £100,000 in external funding has been achieved by BECTU to support our work, with a further bid of £150,000 pending.
A policy for Lifelong Learning in the Workplace
227 At the beginning of 2001 the Training Committee, in acknowledgement of the sheer volume and variety of work in which BECTU is involved, took the decision to draft a broad statement of policy for the union to cover all the work that BECTU undertakes in the field of lifelong learning. Designed to underpin and enhance the work the work of branches, divisions, lay and full-time officials, this policy was approved by the NEC in 2001 and forms Appendix D to this report.
Training Committee strategic work plan for 2001-2002
228 Using this new policy the Training Committee also drafted a strategic work plan for the conference to conference year, which set out clear aims and objectives, priorities and targets for the union. This plan, which has informed and guided the committee's work and which also forms the basis of these paragraphs, is attached as Appendix E to this report.
Annual training event
229 The Training Committee this year took the decision to focus their annual training event on the role of Union Learning Representatives in the Arts and Entertainment sector. This one-day seminar took place in London in October 2001, and was attended by 16 Union Learning Representatives. The day was divided into presentations and workshops from a range of guest speakers. The post course evaluation was overwhelmingly positive, and all participants found the event useful.
Union Learning Representatives
230 At the heart of the Training Committee's work this year is the recruitment, the training and the development of workplace union learning representatives. The new BECTU policy strongly encourages all branches of the union to appoint learning representatives. There are currently approximately 30 active BECTU union learning representatives, a 50% increase since May 2001. By conference 2002 the Training Committee has set a target to increase that number to 40.
Industrial strategy - working with divisions for Lifelong Learning
231 The Training Committee took the view that training and skills should be on BECTU's agenda in every workplace and with every employer that we deal with. Lifelong learning is consistently cited by members as an area of their working lives in which they wish to see improvements, and there are real benefits for the union in addressing these aspirations, both in terms of recruitment and organisation. It has therefore been a clear priority for the Training Committee to work closely with the industrial divisions of BECTU. The Training Officer is currently leading for the Union on Training Joint Working Parties with the Theatrical Management Association (TMA), and the Society of London Theatres (SOLT), and is currently working with the Producers Alliance for Cinema and Television (PACT) to update the PACT/BECTU joint policy on training. Talks with one of the largest Laboratories employers, Technicolor, on training provision, staff development and the introduction of workplace learning representatives have now commenced, and it is hoped that agreements on learning can be achieved.
TOSCA Project - bringing basic and key skills to theatre workers
232 This project, now well into its second year continues to break new ground and to win new supporters. Funded through the DfES Union Learning Fund for £75,000 over two years, the project has achieved much, consistently exceeding its original targets. In its second year it has already recruited and trained 11 new learning representatives, delivered basic and key skills training to over 120 of our members and is currently piloting a workplace based training programme at English National Opera in English as a Second Language (ESOL) for housekeeping staff. The project has developed a model Facilities and Time-off agreement for Learning Representatives, improving on the proposed new employment legislation, which will give learning representatives rights and protections comparable with those of Health and Safety Representatives.
233 TOSCA has been enthusiastically received by many employers as well as by BECTU members and the intention has always been to roll out the benefits to the wider arts and entertainment sector. With this in mind the TOSCA steering group have submitted a new bid to the DfES for a further two years funding. Currently TOSCA is project managed on a part-time basis by the Training Officer supported by a part-time Administrator, Margaret Bisset. With the new aim of rolling TOSCA out to many more workplaces across London and the English Regions, it will be crucial to have the appropriate resources to support this work, and some of the new funding will enable us to appoint a full-time Project Manager to carry out this role along with the Project Administrator.
skillsformedia - the industry careers service
234 This has been an exciting and rewarding year for all those connected with the groundbreaking media industry careers service which has evolved from the original BECTU Skillsbase Service. The new skillsformedia Service, a partnership between BECTU and Skillset, came into being in June 2001 and was formally launched on the 10 September by the BECTU General Secretary, the Chair of Skillset and the Minister for Film and Media. In 2001 skillsformedia also launched the definitive media careers website - www.skillsformedia.com. In the first four months of operation the number of visitors to the site tripled, with nearly 60,000 hits in January 2002. Other key achievements in 2001 included the piloting of the service in Scotland and the awarding of £256,772 from the DfES for the delivery of the service in the English regions. In March 2002 the skillsformedia helpline was launched, in a unique arrangement with the national learning helpline, learndirect.
Media industry careers information days
235 BECTU has been actively involved with the planning and delivery of a number of the media industry careers events, which have been held in London and throughout the English Regions over the course of the year. These have given unparalleled opportunities to raise the profile of the union among very large numbers of a key group of potential members - new entrants to the industry. BECTU remains actively involved in the industry planning group which is currently formulating the plan for future events over the next two years.
Runners events
236 BECTU was a key industry partner in a successful runners event, which was held in 2001. The industry partners held a further, equally successful, event for runners in March 2002, at which BECTU again had a major presence. These events are likely to become established on an annual basis.
The Audio Visual Industries Training Group (AVITG)
237 In 2000 Skillset and the Department for Culture Media and Sport commissioned a major industry report with the aim of 'recommending strategies and policies that will enable these industries to make the most of their major asset, the skills of their workforce.' The Union was involved at a number of levels in the development of the report, the General Secretary represented the Federation of Entertainment Unions on the AVITG steering group. The report was finally published in September 2001. It makes detailed recommendations for the future of training and education in the sector for Skillset, Government, employers, training and education providers and the unions. The specific recommendations for trade unions in the sector are as follows:
238 Unions should:
- invite Skillset and employers to form a joint working party to assist in drafting a model learning agreement between employers and unions;
- play a leading role in the provision of effective and current careers advice and mentoring services, open to all;
- be encouraged to champion the development of lifelong learning in the workplace through Union Learning Representatives.
Progress on the recommendations of the AVITG
239 The Union has already started to work on the implementation of the AVITG recommendations. In addition to our work through skillsformedia on the provision of careers advice and guidance, the following progress has been made.
240 BECTU has drafted and agreed a model learning agreement, which will now go to the Federation of Entertainment Unions for approval. The next step will be to work with Skillset to target industry employers with a view to piloting the model agreement.
241 The Training Officer has consistently urged divisions and branches to appoint Learning Representatives in all areas where the union organises, citing the dual benefit of providing new learning opportunities for members and increasing and developing the network of BECTU workplace activists. However, there are currently only four Learning Representatives in the divisions that operate within the audiovisual industries, and disappointingly there are currently no Learning Representatives within the BBC division. The Training Committee will continue to encourage strongly all branches to appoint learning representatives.
A Health and Safety Passport for freelances in Scotland
242 BECTU submitted a bid to the Scottish Union Learning Fund in August 2001, for £27,500 funding to support a new cross industry initiative aimed at providing freelance media workers in Scotland with evidence of their health and safety skills and experience to agreed industry standards. The bid was successful and the pilot will run throughout 2002, supported by a part-time Project Worker to be based in Glasgow, benefiting 30 Scottish Freelance members.
National Training Organisations and the new Sector Skills Councils
243 The DfES carried out throughout 2001 a major review of the National Training Organisation (NTO) Network. The Federation of Entertainment Unions has played a major role in the work of the two NTOs who work across the cultural industries - Skillset (Broadcasting, Film, Video and Interactive Media) and Metier (Arts and Entertainment). BECTU made a detailed submission to DfES regarding the future role of NTOs, which strongly supported a model that was owned and led by both sides of industry - the employers and the unions.
244 The DfES have now put in place a new structure of industry lead bodies, which will be called Sector Skills Councils. These organisations will be charged with playing a far more strategic role within the sectors that they represent and with impacting on productivity levels within the sector. Skillset has been one of only five organisations that have so far been awarded a licence to operate as a Sector Skills Council. It is currently unclear whether Metier, the NTO for the Arts and Entertainment sector, will apply for Sector Skills Council status or will seek to amalgamate with another sector.
Skillset Investment Funds
245 The Training Officer has supported the widening of training opportunities for members in the London and Regional production divisions this year through formulating funding bids to the Skillset Investment Funds to subsidise essential training for a number of groups of workers. Successful bids have been submitted for £6,700 to subsidise 75% of the cost of new professional qualifications for Riggers and for £32,000 to subsidise explosives training for 120 Special Effects practitioners. A further bid in partnership with Screen South West to support a programme of digital training for the International Association of Wildlife Filmmakers is currently pending.
Equality
246 The General Equality Committee has continued to meet regularly throughout the year. Trish Lavelle, the BECTU Training Officer, is responsible for co-ordinating the work of the committee, and ensuring that the three BECTU Equality Committees work together effectively.
Equality and Diversity - A programme of work for 2001 and beyond
247 The General Equality Committee at the beginning of 2001 produced a draft programme of work for BECTU with the aim of addressing the acknowledged lack of diversity within BECTU particularly amongst senior lay representatives. This programme has three parts to it:
248 Firstly, it proposes that the union undertake regular systematic equality monitoring of new and current members, so that BECTU can 'map' the membership thereby identifying strengths and weaknesses both in terms of diversity and organising and recruitment practice.
249 Secondly, it proposes a programme of training to encourage more women, black members and disabled members to become active within BECTU, thereby building grassroots organisation. Furthermore it suggests that all lay representatives should have the opportunity to attend training to raise awareness of diversity issues and to improve equal opportunities practice throughout BECTU.
250 And finally, the programme proposes that the General Equality Committee should support the work of the industrial divisions of the union, by promoting and encouraging the development of good equal opportunities policy and practice within workplaces.
Proposition 18/02 (AP13) Ageism
That this annual conference instructs the NEC to ensure that discrimination against age is challenged in all BECTU equality material in the same way as other forms of discrimination.
Mapping the Membership
251 The NEC are considering what steps are necessary to ensure that equality monitoring is carried out for all new members. Currently our database can only give us information on the gender breakdown of our present membership. A major exercise of monitoring and mapping our total membership will commence as soon as practicably possible.
Women Organising for Growth
252 The first course for BECTU women activists from all areas of the union was piloted in January 2002. 'Women Organising for Growth' was adapted from the successful BECTU 'Organising for Growth' (OfG) model, and like OfG was developed for BECTU by Mackworth College. The two day course had the following aims: to raise awareness about the organising issues for women in BECTU, to review and assess current BECTU organising and recruitment practice as it effects women, to build and sustain an effective base of women lay reps and to increase women's participation in the work of BECTU.
253 Women Organising for Growth was targeted particularly at new and emerging women activists within BECTU. A total of nine activists from the Arts & Entertainment, Independent Broadcasting and freelance areas of the union attended the course, which took place at head office. The response to this training from the post course evaluation completed by participants was 100% positive.
254 The General Equality Committee has now set itself the dual task of rolling out 'Women Organising for Growth' to ensure the maximum impact on organisation and recruitment, and adapting and developing the course for black, disabled and other groups of disadvantaged or under-represented BECTU members.
Proposition 19/02 (AP11) Job-sharing elected positions
That this annual conference recognises that there is a need to increase the participation of women members at all levels within the union. Conference therefore instructs the NEC to submit a rule change at the next rules revision conference that will enable 'job-sharing' for all elected positions within the union including the National Executive Committee.
Proposition 20/02 (AP12) Childcare allowance
That this annual conference recognises that there is a need to increase the participation of women members at all levels within the union. Conference therefore instructs the NEC to raise the expenses [currently payable] towards childcare to £5.00 an hour with a ceiling of £40.00 per day with immediate effect.
SOC note: SOC has inserted the words in square brackets for clarity
'Equality Matters'
255 The General Equality Committee are currently formulating proposals to update the PACT/BECTU 'Equality Matters' policy, and a joint PACT/BECTU working group will be convened circa April/May 2002 to consider the proposed changes and new ways that PACT and BECTU can promote best diversity and equality practice to their respective membership.
Women's TUC
256 BECTU representation and profile at the 2001 Women's TUC was disappointingly low, and the General Equality Committee has prioritised the Women's TUC as the key event at which BECTU should be represented. This year there is set to be a full delegation of six from all areas of the union at the conference in Eastbourne in March 2002, and BECTU have submitted the following motion on childcare for atypical workers:
That this conference recognises the pressing need for increased access to affordable, flexible, quality childcare provision for parents with atypical working patterns, and in particular, for shift workers, freelances, agency and casual workers. The WTUC calls on the Trades Union Congress to mount a campaign for legislation to be enacted, which would compel the employers who rely on the atypical workforce for profit to take responsibility for childcare, where working practices or patterns rule out the standard 9 to 5 Monday to Friday provision.
Black Members Committee
257 The Black Members Committee continued to forge and expand links with like-minded organisations, principally within the film industry. For the second year, the union gave four 'BECTU Achievement Awards' at the Black Film Festival, for best screenplay, best cinematography, emerging editor and best short film. These awards have been widely appreciated in the black film sector and the recipients have all taken advantage of the year's free BECTU membership that accompanies the certificate.
258 In October committee members worked with the Welsh Film Festival in Cardiff and Aberystwyth and gave hands-on support for black programming before and during the festival.
259 Also for the second year the committee worked with APEX (African Asian Partnership for Excellence) in organising their conference. The committee arranged for a presentation by skillsformedia to the conference. BMC secretary Rose McDonald represented the committee and BECTU on the board of APEX.
260 The committee held meetings with the BBC to persuade the corporation to expand its hitherto small number of independent companies, nearly all white, who receive commissions. The committee also lobbied to persuade the BBC to accept umbrella contracts instead of forcing small companies to sign their rights away.
261 The Black Members Committee gave advice to the Bernie Grant Trust for their trainees who have been placed with the BBC, and have had talks with the London Mayor�s office to explore future co-operation in particular during Black History Month in October. It is hoped that a joint event similar to that held at BECTU in 2000 will take place in 2002.
262 A BMC member represents BECTU on the Southern and Eastern Region TUC race relations committee and executive committee and the committee sent a delegation, of course, to the TUC Black Members' Conference.
263 The Black Members Committee is aware that its activities have concentrated on the film and broadcasting side of the union, and hopes to be able to address this in the near future. To this end the committee would welcome assistance from black workers in the Arts & Entertainment division who are keen to help.
Disabled Members Network
264 After a gap of over a year resulting from the turnover of servicing officials, the Disabled Members Network committee became active again on 24 April 2001. Further meetings were held on 19 July, 10 October, 28 November 2001, and 31 January 2002. At the time of writing a further meeting is scheduled for 17 April 2002.
265 Ann Pointon has continued to serve as the chair of the committee. The union is grateful to Ann for making time in her busy schedule of professional commitments to lend her expertise on disability matters. There have been some variations in divisional representation on the committee. Jazz Shaban left the London Production division, but Alastair MacDonald joined the committee from the Laboratories division. Representation from the Independent Broadcasting division has unfortunately been lacking. The committee is concerned to preserve its status as a committee of disabled BECTU members.
266 Two issues have preoccupied the committee for much of its time. One was the Mapping the Membership exercise proposed by the General Equality Committee as it affected disabled members. The other was the relocation of the union's head office to Clapham Road. Both issues put the committee somewhat at odds with the NEC's Finance & General Purposes Committee.
267 The Disabled Members Network committee took the view that disability monitoring should have two aspects, (1) routine anonymous mass monitoring, and (2) voluntary individual registration for receipt of appropriate services. The committee believed strongly that individual disabled members should not be expected to have to identify as disabled, as this would significantly lower the response to this part of the monitoring exercise. (Members with needs for specific facilities or services, such as sign language interpreting or access, should be able to register these, however.) The Finance & General Purposes Committee was not convinced of this, and at the time of writing further consultation with BECTU's equality committees was due to take place. The TUC published guidelines on legal duties and best practice in August 2001, and it was hoped these could inform the consultation.
268 The second issue was BECTU's head office relocation to Clapham Road. From an early stage the Disabled Members Network committee urged that there be a disability audit of the property. It was known that a listed early Victorian building would have structural features that might not lend themselves easily to adaptation, and that the physical access provisions of the Disability Discrimination Act 1995 will be in force by 2004. The slow pace of the transaction process meant that the committee's urgings were seen as premature by the Finance & General Purposes Committee, though the union's obligations under the DDA were recognised. After exchange of contracts a disability audit is expected to be included in the planning.
269 The Disabled Members Network committee welcomed the publication last Autumn by both the BBC and the ITC of producers' guidelines for improving access to programme-making by disabled people, behind and in front of the camera. These complement existing guidance to independent producers offered by Channel 4. Disability strategies were also sent out for consultation by the BFI and London Arts. The committee is taking keen interest in the latest Disability Film Festival scheduled for 6-9 June 2002 at the NFT2, organised by the London Disability Arts Forum, which is seeking to establish a mutually productive relationship with mainstream arts organisations like the National Film Theatre.
270 Three members of the Disabled Members Network committee, Ann Pointon, Turlough MacDaid and Angie Scurr, represented the union at the first motions-based TUC Disability Conference in December 2001, and the union's motion (as amended by Unison) on improvements to the Access to Work Scheme was well-received.
271 The Disabled Members Network committee comprises representatives from each of the six divisions of BECTU. The Network itself comprises other members who have volunteered an interest in disability matters. Though loosely organised and quite small at present, there is scope for extending it through the Mapping the Membership exercise. The production of a Network newsletter is a long-standing aim of the Disabled Members Network committee, and other forms of accessible communication, including e-mail, are being looked at.