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New contract concerns

Started by Paper Rose, 26-05-22, 10:39AM

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FarmerFred

Quote from: radaghastly on 04-06-22, 01:51PM
Thats interesting - had not heard of CAC - browsed their site & found a page on how to derecognise the union, apparently if 10% of us want out, we can set it in motion https://www.gov.uk/derecognise-a-union/workers-union-loses-support
If 10% of the bargaining unit have firmly indicated that they want out and you have evidence that over 50% of the bargaining unit are likely to vote out then you can apply for a derecognition ballot. Unfortunately I suspect that you will struggle to achieve the necessary numbers to trigger a ballot . You also then run the risk of not being able to get a replacement union recognised.

radaghastly

Quote from: FarmerFred on 04-06-22, 06:40PM
Quote from: radaghastly on 04-06-22, 01:51PM
Thats interesting - had not heard of CAC - browsed their site & found a page on how to derecognise the union, apparently if 10% of us want out, we can set it in motion https://www.gov.uk/derecognise-a-union/workers-union-loses-support
If 10% of the bargaining unit have firmly indicated that they want out and you have evidence that over 50% of the bargaining unit are likely to vote out then you can apply for a derecognition ballot. Unfortunately I suspect that you will struggle to achieve the necessary numbers to trigger a ballot . You also then run the risk of not being able to get a replacement union recognised.

It's possible that is what it means. I am interpreting it, that they require at least 50% of us to be likely actually make a vote. Given the level of feeling over the upcoming contract change, it seems likely. 10% of such a poll voting to nullify the partnership, would dissolve it. Tesco would still be at liberty to recognise no union other than USDAW. We can't change that with this ruling. But we would stop them giving away any more of our rights without our consent & steam-rolling our ability object to losing things like Sunday pay or bank holiday pay (which is what happened).

FarmerFred

10% would not dissolve the agreement - the ballot results need to be a majority of votes cast to be in favour and represent at least 40% of the bargaining unit https://www.gov.uk/derecognise-a-union/after-the-ballot

You might stop the union agreeing to changes to your terms of employment, but then you are left without any ability for meaningful negotiation unless you can get another union recognised. 

radaghastly

Other retailers work with USDAW perfectly well without a partnership agreement. It is this agreement that I find so disagreeable & would seek to end. Currently they can unilaterally agree to whatever BS they want with management & we have zero recourse to object. USDAW will continue to be the only union recognised by Tesco whatever the outcome of the ballot might be. We would seek go back to the way things worked before the partnership agreement (when we still had rights).

It may be possible that we could ask for the partnership to be dissolved on the basis of them having fewer than 50% membership alone. With the ballot triggering automatically if they refuse.
https://www.gov.uk/derecognise-a-union/employers-union-membership-less-than-50
Not yet fully read everything on CAC website. Seems a lot to take in.

FarmerFred

As far as I am aware employees cannot petition for derecognition on the basis of "less than 50%" membership - that applies to the employer if recognition was declared by CAC without holding a ballot. For employees the route is to demonstrate that the union doesn't have the support of the employees & provide the evidence to corroborate this in order to trigger a ballot. In the event of the union being derecognised then the union is no longer recognised by Tesco full stop - that's why it is called "derecognition".

What you really are looking for is to petition the union and Tesco to hold a ballot on dissolving the partnership/collective agreement on the basis that it's no longer supported by the majority of employees - again something that you'll need to provide evidence of.

Jackwarda

Sounds a bit like Boris and Partygate then! He has not recieved enough letters of no confidence. But to be fair, he did not actually realise that accidently walking in, holding drink and taking part of food, was anything other than a work do!   Several times!!!

radaghastly

Quote from: FarmerFred on 05-06-22, 08:23AM
What you really are looking for is to petition the union and Tesco to hold a ballot on dissolving the partnership/collective agreement on the basis that it's no longer supported by the majority of employees - again something that you'll need to provide evidence of.

I think you have summed up exactly what what I would like to see happen. A survey of employees might provide such evidence, to start things off.

Teddybonkers

You really are entering the realms of fantasy now. This is a predominately part time, apathetic work force who have absolutely no appetite for taking part in industrial action. They turn up to earn a few quid to pay the bills - that's it. Tesco just about pay the going rate - its a low paid occupation. A Union cannot change anything on their own - it has to come from a willing membership.

NightAndDay

#58
Yep, apart from a few union blowhards, most of the staff are either part time students who only care about when the next sesh is,  a husband or wife earning a supplementary income or people in a stop gap, in most cases it's a temporary endeavour.

Which is a shame because Tesco and other retailers knows this and uses it to it's advantage by their rat race to the bottom cutting of real terms pay and benefits strategy, to them it's a victimless crime as most won't be there long enough to give a monkeys.

The union naturally wants in on this gravy train and does the bare minimum for a cushty payout.

radaghastly

Quote from: NightAndDay on 05-06-22, 07:55PM
The union naturally wants in on this gravy train and does the bare minimum for a cushty payout.

That is actually the thing that has been bothering me the most. Whenever USDAW agree something unpopular with Tesco, their membership drops each time (most of my branch came out when they gave away Bank Holiday benefits from our contract without even offering to buy it from us as they did with Sunday double time). How does the union benefit from lower subs? Are they somehow being paid by Tesco? How else does making unpopular agreements work in their favour? It is only a gravy train if they benefit from this in some way. If they are somehow being compensated by Tesco - they are not being motivated to work to our best interests.

Teddybonkers

#60
I don't think you quite understand Radaghastly. USDAW can agree to unpopular changes because its membership is so disinterested. It can never improve terms and conditions unless its membership is prepared to take action - which its not.

Tesla


lucgeo

Quote from: radaghastly on 05-06-22, 01:21PM
Quote from: FarmerFred on 05-06-22, 08:23AM
What you really are looking for is to petition the union and Tesco to hold a ballot on dissolving the partnership/collective agreement on the basis that it's no longer supported by the majority of employees - again something that you'll need to provide evidence of.

I think you have summed up exactly what what I would like to see happen. A survey of employees might provide such evidence, to start things off.

For one thing, you'd have to liaise with every store member across the country employed by Tesco! Then start a petition for a vote of no confidence etc..etc..
As has been stated, a lot of members are apathetic, Tesco knows this and Useless Seven Days A Week know this! It's all about number crunching, keeping their membership numbers up, and they can do this because their store membership is spread across the country, in hundreds of stores, with mainly part time colleagues who really don't have the time to care, they just want a job!

Distribution centres are different though, they are condensed to only a few and therefore can, and do, negotiate better terms!

I was of the belief that you can be a member of any union, and have them represent you  ???
Live for today. Learn from yesterday.

beahead

I feel totally screwed over by the union , I applied for a job that I could do , one that I'm good at , I'm reliable and always support my dept in overtime, even when I don't want to, I do it because  that's the job I applied for  on the csd. I would bever of your a job on grocery or checkouts , because  I didn't want that. Now we are being forced to do somthing we did not sign up for, The heat map always says we are over hours , despite long queue and increased pressures due to changes that have not been for the better. Personally  I would of sooner not had a rise , as the new contracts are written in blood. I have left usdaw .

barafear

The changes to our contract seem quite similar to what happened with Asda and their much publicised "fire and reapply for your job policy" - if Tesco/USDAW had not "agreed" this change, then Tesco would eventually simply have gone down that route.

The "agreement" is just window dressing for what might have been a much publicised "mistreatment of staff by Tesco" story.


lackofinterest

#65
tesdaw are a bunch of *&^*$ !!!  the new contracts are bovine excrement and the pay rise is absolute excrement as well!!! >:(

Jackwarda

No information, discusion, meeting regarding these new changes, contract, positions, job roles, changes although had a phone call to say things were changing and due to changes  the current position I had, when returning, will not be there anyway!

barafear

@Jackwarda

you should have had a (brief) 1-2-1 with your manager to give you a copy of the new terms and conditions and also a new availability form for you to complete. Depending on what your old availability form showed, this may or may not be a change for you- Tesco are "asking" staff to consider showing their availability as 150% of their contracted hours - although they do state this is not mandatory.

The discussion was very brief - basically describing the situation from October being that you will no longer be "a cashier" or "a member of the produce team" - but we will all be Tesco Colleagues and as a minimum we will be trained:

All colleagues will gain the skills to serve on a checkout or self-service, pick an online order and replenish the shelves, if applicable in their local store or CFC..
To reflect this new way of working, all B/C grade colleagues will move to a new job title of 'Tesco Colleague'.

You don't say why you are currently "off" - is it maternity leave/lifestyle break/long term sick?
I believe that if any of the above applied, then I'm assuming the manager would still be obliged to communicate with you? (but others might know better than me).

Further information can be found on Ourtesco - have a look at the "news" section and go back a few pages for when the pay award was announced.

2022 pay award and new ways of working for our store and CFC colleagues
7 April 2022


Hibobhi

Lol half my department still hasn't had their one to one, dotcom, so a sizeable number

Jackwarda

@barafear thank you. Sorry, it was a career break, up to 12 months unpaid, due to family circumstances resulting in becoming full time family carer.
To be fair, I have not been able to return to store as yet, due to distance, so would not have had a 1 to 1, no matter how brief. Return is not until July.
Yes I had 3 brief telephone conversation, to discuss why I was off, what is happening and telling me, there is no Job or hrs in the dept I left. [This I assume is due to structural changes]
I have had no letters, forms change of hrs etc sent to me.
I understand that I will have no holidays for the next year as I havnt worked for any?
Availability is or will be very limited and set due to the full time family carer role, this was mentioned in the telephone conversation by myself.

hope this gives abetter outline and advice

barafear

I'm not too much of an expert on what should and shouldn't happen - but in terms of a career break, I thought the following applied:

1) Your job (contracted hours) would be available when you returned - unless there are extenuating circumstances.
2) You should be paid statutory holiday pay for the time you are lifestyle break - so whatever your pro-rata hours equates to of at least 20 days - maybe even a further 8 BH days.
3) On your return, you would be entitled to a pro-rata amount of holiday allowance for that holiday year - so if you return on 1st July, then you would have 9 months (Jul-Mar) allowance - so if your standard allowance was 20 days (+BH) - then you would get 15 (9/12 x 20) + BH (8*9/12) = 21 days in total (if you were full time) and get the basic holiday allowance (And not more for being working for a number of years).


Goddammitdave

Currently on maternity leave and have not had a 1 2 1 or any information about it at all I only know because of other colleagues keeping me up to date and this forum. Normally work on stock control and know the hours are being cut. Where would I stand if I went back at 26 weeks, as I know you are suppose to be able to go back to the same job but if its not there how would they even honour this?

Jackwarda

@barafear, thank you for your time and help;

Q1 - it appears not, structural changes have, will be made, meaning there is no job or hrs in the dept I left. [only what I was told on phone. Nothing formal or in writing] seeking advice on this!

Q2 - it appears not, I do not get any as I have not earned any. [only what I was told on phone. Nothing formal or in writing] seeking advice on this!

Q3 - Again as in Q2, It appears not. [only what I was told on phone. Nothing formal or in writing] seeking advice on this!

Do you or any member of VLH have copies, extracts of hand book, policy that relates to this, where can I get confirmation, so that I can argue the case, thanks


Jackwarda

@goddammitdave

a very good point! seems we in same boat!

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