Public and Commercial Services Union

Protecting members - before and after the contract is awarded

Whilst PCS is committed to the retention of public services in the public sector, we are also committed to protecting and representing our members in the commercial sector. Over 35,000 PCS members work in the private sector. PCS Commercial Sector officials and lay representatives have vast experience in the private sector, and can offer a wide range of advice and support to members based there.

Listed below are some of the essential issue to be considered when representing the interests of PCS members who have been transferred to the private sector.

Recognition agreement

It is essential that PCS representatives negotiate a Recognition Agreement with the new employer prior to the transfer that is at least as comprehensive as the Recognition Agreement PCS will have had with the old employer. It may be the case that the new employer will not consider or agree to this until the transfer is complete. If this is the case, resolution of an agreement should be our first priority upon transfer. If possible, though, such an agreement should be in place before the transfer. It will then be much easier to address other issues on behalf of members. It will also be easier to recruit the contractors' already existing staff if we can point to the Recognition Agreement and the greater degree of control and influence unionised staff have over their conditions and working environment.

Monitoring the contract

Where work is contracted out, a contractor officer should be appointed to supervise the agreements laid out in the contract. Effective monitoring can:

• Influence and improve the contractors performance
• Invoke penalty clauses against companies not adhering to contract guidelines
• Engage management in employee related issues.

What should be monitored?

• Completion of specified tasks at the specifies times
• Quality of work
• Health and safety issues
• Working methods
• Staffing and equal opportunities issues
• Standard of materials and supplies
• Relations between staff and users
• Financial monitoring (is cost higher than estimated by company?)

10 steps to organising after contracting out

There can be real opportunities to increase membership during the contracting-out of services. Below are some steps to follow to ensure that PCS takes these opportunities to recruit non-members and so maximise our ability to protect the interests of those working for the private contractor.

NB: It is not always, or even mainly, the case that ex-civil servants will remain in the same branch and negotiating structures. The transition from public to private will present PCS with some administrative and organizing problems, which should not be underestimated. For example, they may be problems with re-aligning the new membership data on COMMIX (i.e. setting up new employer codes, new branches, arrangements for balloting etc). It is obviously vital, for instance, if there is not already an employer group in place, to set one up as an absolute first priority, ideally BEFORE the transfer.

These are problems that reps will have to have a plan to deal with preferably prior to point of transfer, and if this is not possible then immediately after.

1. Your first step should always to be to get advice from your PCS Regional Organiser.  Please take advantage of the experienced Commercial Sector Association full time organisers based at HQ.
2. Map the workplace - find out where the members and potential members are.
3. Do some research on the employer. Look at their accounts, their other employees - are trade unions recognised in other areas? Make contact with other employees and ask them how they are treated.
4. Talk to the members. What are their issues? How are they treated at work? Are their pay rates fair? What health and safety provisions do they have?
5. Find an issue they care significantly about that affects a number of workers. Start a campaign on this issue, with leaflets, petitions, stickers etc.
6. Show workers that they can only win this issue by joining and getting involved in the union.
7. Be careful not to expose any individual to management intimidation. Try to build an organising team of activists to share out the responsibilities.
8. Keep your mapping up-to-date. Make a note to ensure that everyone is approached about the campaign and asked to join the union.
9. Evaluate your campaign at regular stages. You may need to change your approach and tactics depending upon management reaction to your campaign.
10. Once you have recruited over 50% of the workforce to the union, you may be able to apply for statutory recognition through the legal process. Your PCS Regional Organiser can give you all the help and advice you need on this and other aspects of winning union recognition in a new area.