MTV votes on union recognition

A postal ballot of MTV staff is going ahead despite a last-minute hitch.

Management at the music station have cleared the way for the recognition ballot by agreeing to provide a staff list to the independent scrutineer who is in charge of the poll.

At one stage last week it looked as if the starting date would have to be postponed due to company concerns about privacy and data protection. The new agreement ensures that all staff due to participate in the ballot will still receive voting papers at their home addresses, but the independent Electoral Reform Balloting Services (ERBS) will not reveal any of the data to BECTU.

Read letter to members

Voting papers were mailed to staff today (March 5), and the ballot closes on March 19. The procedure is being overseen by the government appointed Central Arbitration Council, under new labour legislation which guarantees unions recognition in workplaces, provided they can win the support of a majority of staff.

To win recognition under the new rules, the union needs more than 50% of staff returning ballot papers to vote in favour of BECTU being allowed in to MTV, and must also pass a second hurdle which requires that the votes in favour of recognition must represent at least 40% of the workforce.

Officials have emphasised to staff that every vote counts - MTV employees, and regular freelancers at the station, have been advised that if no ballot paper turns up by Friday March 8, they should contact Sharon Elliott at BECTU Head Office, by e-mail or on: 020 7437 8506.

Letter to MTV staff enclosed with ballot paper

5 March 2002

IMPORTANT MAILING - PLEASE READ BEFORE YOU VOTE

TO: BROADCAST SERVICES STAFF AT MTV NETWORKS EUROPE

Dear Colleagues,

Recognition ballot

After campaigning for recognition for eighteen months, staff in Broadcast Services now have the opportunity to have their union represent their interests at MTV.

You will soon receive a ballot paper from the Independent Scrutineer asking you whether you want BECTU to be given statutory recognition at MTV. This ballot is confidential and neither MTV nor BECTU will know how you vote. If over 40% of all Broadcast Services staff vote Yes for recognition, and as long as a majority of those voting vote Yes as well, we will be able to negotiate with MTV on pay (including overtime, night rates, pensions, etc), holidays (including bank holidays) and hours.

Why You Should VOTE YES

  • When MTV changed your conditions of service 18 months ago, you were not allowed independent representation. MTV, in the absence of a recognised union, were able to give you an ultimatum of "sign the new contract or find yourself unemployed". With BECTU at the negotiating table this would not happen.
  • With recognition, MTV Broadcast Services staff can, if they choose, ask BECTU to re-open negotiations on bank holiday entitlements. MTV would have no option but to negotiate with us.
  • You will be represented to the same high standard appreciated by staff at companies which include the BBC, Granada Television, Carlton Television, LWT, NTL, and transmission companies Castle Communications and Merlin Communications. Staff in these workplaces know that if the employer wants to change their jobs, conditions, pay, make redundancies, or propose any other significant changes then they (the staff) will be consulted and consulted properly.
  • You will be able to access BECTU's local and full-time officials; and when needed, you can get advice and representation from Thompsons Solicitors (the UK's largest employment law firm). These services are free to BECTU members.

Here are answers to questions asked most frequently by Broadcast Services staff:

Q. MTV say that BECTU cannot re-open talks on issues that have already been settled, such as holiday entitlements.

A. This is false. If we win recognition MTV are legally obliged to agree a mechanism to negotiate on any claim you ask BECTU to submit on pay, holidays and working hours. If they refuse, the Government-appointed panel at the Central Arbitration Committee will intervene and impose mechanisms for negotiation if necessary.

Q. MTV says it only benefits BECTU if recognition is won.

A. Recognition is a direct benefit to you on two counts. Firstly you will have agreed access to your trade union for the first time. Through BECTU your voice will be heard without fear of coercion from management. The "them and us" culture which staff have experienced on occasion in Broadcast Services will change. Secondly, BECTU's role as industry representative will be strengthened. This will benefit you too.

Q. Will BECTU want to abolish the Best Practice Group?

A. No. The BECTU branch and the BPG can complement each other. BECTU will take forward your demands on pay, holidays and hours to management and, if you wish, the BPG can deal with local facility issues.

Q. What can BECTU do that the Best Practice Group cannot do?

A. BECTU is independent. Once recognition is secured BECTU will have legal backing from statute to take forward the issues you want to see addressed. We can take your concerns outside MTV if the company do not deal with them seriously. The Best Practice Group has no standing in law and could not seek assistance from external bodies such as ACAS for example.

Q. My boss says we will all be paid the same if BECTU comes in; does this mean I will lose money?

A Your current salary cannot be reduced. All of the union's existing agreements reward experience, skill and responsibility. In most cases salary levels are on a banded system, with each individual knowing what is expected of them and how they will be rewarded.

Q. Will Performance Related Pay go?

A. No. Many of our agreements have a PRP element. However staff in Broadcast Services have complained that the system at MTV is not transparent. What do staff need to do to achieve PRP? Is the system operated fairly? BECTU would work to make the system fairer and transparent if this is what members want.

Q. Why did BECTU come to MTV in the first place?

A. In fact, Broadcast Services staff came to BECTU for help when the company proposed harsh changes to terms and conditions in August 2000. MTV refused to let us in to represent members' interests; we could only advise from outside. If we win recognition that type of consultation will be a thing of the past.

Q. Who decides what our claim on pay or holidays should be?

A. You do. BECTU is a democratic organisation. Ideally your committee will have representatives from each section and all concerns, no matter how small, will be discussed by the committee. It is your union. You decide what we do and when we do it.

Q. How big is BECTU's membership, and has it got any well-known supporters?

A. BECTU has 26,000 members. Amongst our membership are David Putnam, Ken Loach and Sir Richard Attenborough. BECTU has close links with a number of politicians, including Chris Smith MP and Tony Banks MP.

Q. Will you insist we go on strike?

A. No. Legally we cannot and we would not. Industrial action is always a last resort. Only after all internal and external options have been fully explored and exhausted would a strike be considered. On this issue, like so many others, you decide.

Q. What kind of relationship do you think BECTU will have with management?

A. BECTU is committed to achieving a constructive and respectful relationship with your employer. This is what we have at the BBC, ITV companies and at ntl for example. We want a good working relationship which enables us to represent the interests of staff.

Q. Will outside companies stop coming to MTV if they know we have a union?

A. Absolutely not. They go to LWT and the BBC every day. Third-party clients know that a union workplace is a professional workplace where staff are equipped and motivated to do their jobs well.

Q. I am freelance; what does the union have to offer me?

A. BECTU was willing to extend the bargaining unit to include freelances. BECTU has approximately 10,000 freelance members across the country. We represent freelance staff interests through our agreement with PACT. We represent freelances on an individual basis. Freelances in Broadcast Services have a crucial opportunity here to gain collective bargaining rights. If we win recognition you are no longer on your own. You tell us what improvements you want. Freelances members of BECTU can also benefit from Public Liability Insurance cover up to £3million.

Q. I am not a BECTU member; what do I have to gain?

A. You too have a crucial opportunity here to get the union recognised. With BECTU in place Broadcast Services overall will have to be more thoughtful and reasonable about its relationship with staff. This change will benefit all staff whether they are union members or not as the company cannot discriminate between the two groups.

By voting for BECTU recognition you will not stand in the way of colleagues who are members now and who really want BECTU organisation.

You will also know that in future BECTU will be on hand to help. Over the next three years you may need us. Why not make sure we are in place should the need arise? You have nothing to lose. You can then consider whether you want to take the next step and join BECTU.

Q. What do trade unions bring to the workplace?

A. Independent research confirms that:

  • Union workplaces pay better;
  • Unions bring equality and fairness to the workplace;
  • Unions make employers follow good health & safety practices.

Q. What is needed to win the vote?

(Please note that the company's earlier information on the number of votes needed to secure recognition was wrong.) The facts are these:

A. A majority of those voting will need to vote in favour of recognition.

  • That vote will need to be underpinned by at least 40 per cent of staff in the bargaining unit voting YES ie at least 55 people if 136 people are balloted.
  • For example based on 136 people being eligible to vote:
    Example One - 100 people vote; 51 in favour, 49 against - the vote does not secure recognition despite a majority in favour because at least 55 people have to have voted in favour
    Example Two - 56 people vote; 55 in favour, 1 against - the votes succeeds because of the majority and because more than 40 per cent of the bargaining unit supports recognition.

We have aimed here to provide you with the key information. (Please excuse the length of this letter but the issues are important and this vote is crucial).

Please use your vote.

Remember, if you do not vote you influence the outcome anyway by making it harder for BECTU to achieve recognition. Remember, if we fail this time you cannot have a union for at least three years.

As a final thought ask yourself the following questions:

  • What do I lose if BECTU wins recognition?
  • Would I like to see an independent voice at the workplace?
  • Can I definitely say I will not need independent help or advice over the next three years?

If you want fairness, transparency and an independent voice working for you in Broadcast Services at MTV - VOTE YES, AND VOTE NOW.

Yours sincerely

SHARON ELLIOTT
Supervisory Official

5 March 2002