NEC Report to BECTU 2003 Conference paragraphs 148-210
Industrial overview
Arts & Entertainment division
Cinemas
148 The cinema chains have been stable this year, even though there are currently rumours in the newspapers that Odeon may be selling their chain.
149 The union has been able successfully to negotiate pay increases significantly above the rate of inflation across theatres, and our campaign to erode low pay had an excellent start following the successes of the SOLT and TMA pay negotiations.
West End theatres
150 The recent pay campaign and the threat of industrial action in West End theatre led to a 28% increase in branch membership of the West End Commercial Theatres branch between January and May 2002. Work has continued throughout the year to consolidate the gains made during that campaign and to ensure that the branch is fit to face the challenges that the 2000-2004 pay negotiations will inevitably bring.
151 With the second stage of the pay increase implemented in October 2002 rates of pay across the ten grades covered by the union's collective agreement with SOLT are now on average 11.3% higher. Agreement was also reached with SOLT during the year to increase the additional payments for Front of House Staff working in Commercial West End Theatres by approximately 10%.
TMA theatres
152 In accordance with A&E divisional policy, the main focus of activity during 2002 was to begin to address the low pay rates that generally prevail in the arts and entertainment industries. The TMA sub-division has the biggest membership in the division and it was essential that the union made significant progress in addressing low pay during 2002.
153 In the annual negotiations with TMA in 2001, the employers made the staggering statement that they did not consider low pay was an issue in theatres because they did not have a recruitment problem! A survey of BECTU members in the sector showed otherwise and the outcomes of this survey were publicised within the industry and beyond. Essential in highlighting low pay was the work of local representatives in ensuring that their local managements were aware that low pay was an issue for their staff.
154 At the start of the 2002 pay negotiations the employers started the meeting by agreeing that low pay was indeed an issue. Consequently the negotiations yielded increases of between 6.6% and 9.6% over an 18 month period which were overwhelmingly accepted by the membership as the first step towards eradicating low pay.
BBC division
155 The BBC has unprecedented wealth at the moment as a result of the licence fee increase which has resulted in increase production both in London and in the English regions, Scotland, Wales and Northern Ireland. However the overall pay awards negotiated have only been marginally above the rate of inflation.
BBC pay and Rate for the Job
156 BECTU met the BBC on the 3 May 2002 to discuss the joint unions' pay claim for members employed by the BBC, BBC Broadcast Ltd and BBC Technology Ltd. Members employed by BBC Resources Ltd and BBC Worldwide have separate bargaining arrangements.
157 As well as seeking an above-inflation increase the BECTU was seeking to end low pay by increasing the lowest salaries paid in the BBC. We were also seeking the restoration of a clearly defined rate for the job.
158 There was one meeting with the BBC on the 3 May at which they offered a two year deal, with 2.8% in year one, and 0.5% plus the retail price index (RPI) figure in April 2003, in year two. The 0.5% was dependent upon successfully concluding talks on the future of Unpredictability Allowances and the Rate for the Job. They also offered to increase the minimum salary to £11,500 as well as raising London Weighting to £3,250 for those on less than £22,000 and £2,912 for those earning over £22,000.
159 The NUJ and BECTU balloted their members with a neutral recommendation. with a closing date of the 26 June 2002. BECTU members voted by 79% to accept the offer with a respectable turnout of 41%. The NUJ, on a similar turnout, voted 8 to 1 to reject. We informed the BBC that we accepted the pay offer. The NUJ informed the BBC that they rejected the pay offer. The BBC paid the increase into salaries on the 1 August 2002.
160 In September, when the BBC began to schedule the meetings on UPA and the Rate for the Job, the NUJ indicated their desire to be invited to the meetings. Since then several meetings have taken place and the BBC expects to have proposals under both these headings to present to the unions by the end of March.
Independent Broadcasting division
161 ITV, unlike the BBC, has suffered because of the continuing loss of advertising revenue and the collapse of ITV Digital. Despite studio closures and the closure of digital channels for ITV, the union's membership has remained stable. The members in ITV are now awaiting the implementation of the Communications Bill, which will almost certainly lead to one ITV company, and many predict that this will be followed by the purchase of this company by a US based broadcaster.
ITV Pay
162 2002 was another bad year for advertising revenue across ITV, and as a result both Carlton and Granada imposed pay freezes.
163 Carlton's anniversary date is October, and no pay award was made in October 2001. In October 2002 a pay award of 4% was made.
164 In Granada the company imposed a pay freeze from their anniversary date of the 1 January 2002 until July 2002, when they awarded a pay increase of 2.5%, paid from a new anniversary date of October with an element of this award backdated to July.
165 STV made a pay award below the rate of inflation in October 2001 and in October 2002 offered an award of 2%, which was rejected by BECTU and the NUJ, and at the time of writing this report industrial action ballot papers were being distributed to members.
Sky
166 BECTU has been campaigning for the past three years for recognition across all of Sky's sites. We have over 10% in membership at the Sales Centre in Livingston, the Call Centres at Livingston and Dunfermline and amongst Studio and Operations staff at Osterley. There is also a nucleus of members in Production at Osterley and amongst Regional Engineers.
167 BECTU lodged its first recognition claim to the CAC in the autumn of 2002, seeking statutory recognition for the staff based at the Sales Centre in Livingston. Following meetings under the auspices of ACAS the bargaining unit was agreed as the 446 permanent members of staff in the Sales Department. Under the statutory arrangements both parties are entitled to an equivalent amount of time to put their cases to the staff in the bargaining unit. Sky explained at ACAS that due to the workload it would not be possible to release people for these meetings during work time, and therefore both parties agreed that they would have 15 minutes each with the staff in groups of 10 to 12 during tea breaks.
168 The union's meetings were due to commence on 7 January, but on that very day we were advised by representatives that management had been briefing Supervisors who were in the bargaining unit about recognition during work time at meetings lasting 30 minutes. Because of this clear breach of the access agreement BECTU refused to attend their 15 minute slots and requested a new access agreement, giving the union 30 minutes with staff during work time. This was agreed following meetings with the company on 8 and 9 January. The new access meetings with the union were due to commence on the weekend of 12 January.
169 However just before midnight on 11 January our branch secretary at Osterley was selected, without consultation, for redundancy and escorted from the building. BECTU saw this as clear intimidation and once again we refused to go ahead with the access meetings. As the same time, staff at Osterley and in the bargaining unit at Livingston were advised that if the union won recognition the company would consider outsourcing the work, possibly outside the UK. Not surprisingly, this caused major alarm amongst the staff in the bargaining unit and BECTU made a formal complaint about the treatment of our branch secretary and about the threats of closure. A full hearing of the CAC took place on 17 January 2003.
170 A couple of days prior to the hearing Sky reinstated our branch secretary at Osterley, and following the CAC hearing a new access agreement was reached which allowed for the 30 minute meetings to commence on 25 January. However the CAC did not have the power to award the union automatic recognition following our complaint that the threat of outsourcing was linked with the union recognition ballot, something Sky never refuted.
171 The ballot closed on 4 February, and the result was overwhelmingly against union recognition. This was extremely disappointing, bearing in mind that only 47 people voted in favour of union recognition, despite the fact that we have 105 members and over 230 people signed the petition for recognition. This clearly demonstrates to us that members were extremely concerned about the threat of outsourcing/closure.
172 BECTU's campaign at Sky will continue as we believe that the workforce need and want union recognition, but we must also campaign for a strengthening in the legislation to stop employers like Sky from threatening to take people's jobs away when they vote for union recognition.
Communications Bill
173 The Communications Bill introduces major reforms into the regulation of the broadcasting and telecommunications industries. It has been preceded by a lengthy process of debate including a Joint Parliamentary Committee chaired by Lord Puttnam (to which BECTU gave written and verbal evidence) and a Draft Bill (on which BECTU made a submission).
174 The Bill sets out the role of the new regulator OFCOM, covering both broadcasting and telecomms within its remit. More particularly, the Bill sets out a new regime of public service broadcasting regulating, including a measure of self-regulation by broadcasters. It gives OFCOM some regulatory functions in relation to the BBC, while preserving the Corporation's ultimate accountability to Parliament.
175 Among the many specific issues raised in the Bill, BECTU's focus has been on Regional ITV, together with media ownership and the independent production quota. This reflects union policy and the priorities determined by discussion within the union, including the 2002 conference.
176 On Regional ITV, BECTU's aim has been to strengthen the basic regulations governing regional production and programming and to seek to avoid the possibility of the regulator relaxing these requirements under pressure from the broadcasters.
177 On ownership, the union has opposed the lifting of the ban on non-EU ownership, which leaves the way open for US ownership of British broadcasters. Similarly, BECTU opposes the lifting of the cross-ownership restriction on Channel 5, which would allow Murdoch's News International to gain control of a terrestrial broadcaster for the first time.
178 On independent production, the union's concern has been to prevent measures leading to any further roll-back of in-house production, while preserving the current level of the independent production quota.
179 BECTU's lobbying activity has included: circulation of briefings on our key issues throughout both Houses of Parliament; a meeting with a DCMS policy adviser; support for an Early Day Motion in the name of John Grogan MP attracting signatures from over 100 MPs from a range of parties; coordinated campaigning with fellow FEU and telecoms unions and the TUC; a House of Commons meeting for MPs; hosting a Parliamentary Dinner attended by key MPs and peers, including Lord Puttnam; and participation in a TUC delegation to meet broadcasting Minister Tessa Jowell. At the time of writing, further lobbying activity was planned, including meetings in the House of Lords.
180 Amendments drafted by the union on Regional ITV were moved at the Committee stage in the House of Commons, with helpful contributions from Labour backbenchers, Liberal Democrats and Plaid Cymru. The union's campaign is continuing through all further stages of debate in both Commons and Lords. At the time of writing, some additional protections for regional and original production had been introduced into the Bill through Government amendments - but these were not sufficient to prevent the need for a continuing campaign.
London and Regional Production divisions
181 2001 was a bad year for film, TV and commercials production levels, and 2002 was even worse as several unforeseeable events coincided. The 11 September terrorist attacks, and to some extent the foot and mouth outbreak, drastically reduced the number of US-financed film productions - US investment usually represents about 70-75% of the value of all UK-based feature film production, so its loss has an enormous impact on employment prospects in the UK. Meanwhile the financial resources of the ITV network were hit firstly by the ITV Digital fiasco, and secondly by the wider crisis in global advertising - which in turn had a knock-on effect on the level of commercials production.
182 Together these combined to make 2002 the worst year in terms of freelance job opportunities for over a decade.
Independent film and television production
183 For much of the year we have been in discussion with PACT's Industrial Relations Service, now called the Producers Rights Agency. Progress is slow, but there are major issues at stake. The employers have at last accepted our long-standing argument that the current PACT/BECTU Agreement simply doesn't work across large parts of the industry, and that this is a problem for the industry as a whole. A significant revision to the agreement may result, but at the time of writing negotiations are still in progress and the outcome is unknown.
184 Our agreement with the Welsh-language producers' association TAC is still in place, although we are frustrated by their inadequate industrial relations service. In line with our recruitment and retention strategy, BECTU has submitted a claim that "newcomer-staff" grades are covered by the agreement.
Commercials sector
185 For the first time in decades the net value of UK commercials production has fallen, and employers increasingly shoot abroad to cut costs. In 2001 the Advertising Producers Association (APA) proposed a re-write of our Commercials Agreement including longer basic hours, wage cuts, and other concessions. After a fruitless set of negotiations BECTU and Amicus-AEEU balloted our members who overwhelmingly rejected the employers' proposals.
186 From the 1 August 2002 there has been no Agreement, but instead a contract-by-contract battle between employers offering APA rates, and members seeking BECTU-recommended rates. We have built up a database of over 500 freelance members who work regularly on commercials. There is a steady two-way information flow between members and head office on job-offers, rates, and company behaviour.
TV broadcasters
187 We have no national agreements covering freelance engagements with broadcasters, although local arrangements exist in several places where BECTU is accepted by the BBC or local ITV company as the de facto representative of groups of freelance workers.
188 We are now using the trade union recognition legislation to seek proper bargaining rights for freelance workers in television production. Recognition claims are now under way in the BBC, on behalf of freelance wildlife camera-men and -women working for the Natural History Unit, and on behalf of freelance workers engaged on River City by BBC Scotland. A claim has also been submitted to Thames Television Ltd. on behalf of freelance workers employed on The Bill.
189 We have also identified further recognition targets where ground-work is now under way to prepare the way for further freelance recognition claims.
PACT/FAA agreement
190 During the year an interim agreement was reached with PACT on behalf of our background artiste members in the FAA. This resulted in background artistes receiving an increase in their basic daily rates, a substantial increase in early call payments and some supplementary payment changes. Both sides have also set the ground for further talks.
TV directors
191 BECTU participates regularly in the Directors Forum, which also includes the Directors Guild of Great Britain (DGGB) and Directors and Producers Rights Society (DPRS), and all the UK television broadcasters.
192 Research has been conducted by both sides on trends in freelance TV Directors pay, and talks based on this data will start soon. Guidelines on Directors Contracts have been produced, and Codes of Practice on directors' professional and artistic status are under discussion.
Individual companies/workplaces
APTN
193 Our collective agreement continues to operate and during the year a 2.5% pay award was agreed. Our local stewards have been active in progressing personal cases.
Barcud
194 During 2002 members faced a proposal from management to radically alter working hours. Together with the responsible Official, members successfully negotiated a satisfactory compromise.
London Film School
195 With recent changes to shop stewards we are rebuilding the Committee and revisiting past contract negotiations in the light of recent changes in employment law.
Mersey TV
196 Our local reps have been doing good work in building up membership and finalising the new agreement, and production on Grange Hill started in July 2002. However this has been over-shadowed by recent doubts over the future of Brookside. The current mood is apprehensive.
NFTS
197 The long-running re-negotiation of the collective agreement - including much more favourable redundancy arrangements - has now been concluded. At the time of writing it was awaiting final formal agreement and sign-off.
Pinewood Studios
198 The responsible National Official is making regular visits and raising our profile with studio staff. We have submitted a pay and conditions claim which at the time of writing is under negotiation.
Racetech
199 The company has three major contracts which should ensure a secure future for the next few years. The increase in racing days over the last twelve months has imposed an increased workload on our members. We have submitted a pay and conditions claim which at the time of writing is currently being negotiated.
Crewbus
200 BECTU's new online freelance directory, goes live in 2003. Crewbus gives employers the facility to search for freelances by job grade, surname, personal statement, or region, and it also allows for group search criteria, e.g. Grips or Boom Operators in the North-West or East Anglia in one search.
201 Entries on Crewbus are available free to paid up freelance members of BECTU. We believe that Crewbus has the potential to become the richest and most sophisticated freelance directory. It is our intention to launch it publicly at the Production Show in London in May 2003.
Laboratories division
202 Members in the Film Laboratories division face an uncertain future in the long term, as a result of both technological change - including the prospect of "Digital Cinema" or "Electronic Cinema" - and of the internationally-competitive nature of the sector. However, despite the low level of UK feature film production, 2002 was not a particularly bad year due to incoming US features and the high level of UK cinema admissions. While continuing to defend our membership levels in the labs, we have also identified video/DVD distribution as a major target area for recruitment.
BFI National Film & Television Archive
203 Talks are ongoing between the union and management regarding a new Partnership Agreement: progress so far is good. We are also involved in negotiations on the reintegration of Lottery funded project secondments back into the main body of Archive staff.
Colour Film Services
204 The union has been in discussion with the company over the past two years on the future of the pension scheme, and this is not yet resolved. The pensions expert at Thompsons solicitors is fully briefed. Meanwhile the National Official is holding quarterly surgeries.
De Luxe Video
205 De Luxe Video recently acquired Disc Distribution - where there was no recognised union - and consolidated all its distribution activities at Enfield. Following the TUPE transfer we are negotiating with management to achieve a regular union presence, including surgeries, at the Enfield site.
206 At the Brentford video duplication plant we have successfully resisted shift changes in Engineering, but other proposed shift changes are still being negotiated.
Rank Film Laboratory
207 Talks have been concluded on the first phase of a major change at Rank, which may see the lab moving to a new site in 2005. A limited redundancy package has been agreed for 2003, with commitment from the company that there will be no more job losses until 2005. A pay deal of 4% over 18 months has also been agreed.
General Screen Enterprises
208 As a result of the merger with Capital Effects, a redundancy package has been agreed at GSE, affecting up to ten of the company's 23 staff. A pay deal of 4% over 18 months has also been agreed.
Soho Images
209 In the summer of 2002 management announced that no annual award would be made on the usual date. BECTU balloted the members on industrial action and won overwhelming support. Following this management re-opened talks and a 2.5% settlement was eventually agreed.
Technicolor
210 Following redundancies and a major re-negotiation of our collective agreement in 2001, 2002 was a relatively stable year at Technicolor. A union-management forum now meets regularly and a 2.5% pay award was agreed for 2003.