Council considering legal action as Unite Union refuse to end bin strike

LEGAL action is being considered by Warrington Borough Council after the Unite Union signalled its intention to continue bin strike action.

The threat of legal action comes with both sides reaching a stalemate on negotiations locally.

Warrington Borough Council Chief Executive Prof. Steven Broomhead has again today, written to the Union, calling for them to end the strike action, or risk legal action.

Commenting on their decision not to end the strike after a national pay award had been agreed, Prof Broomhead wrote: “This is deeply disappointing as the national pay agreement was agreed earlier this week. UNITE were part of this agreement although they remained silent on this fact.
“We are now moving to pay all of our staff who fall under the terms of this agreement, (backdated to April 2023).
“UNITE are now indicating that they will continue their local industrial action from 8 November on the local issues they have raised. At no point have they previously raised this matter through our Joint Consultative Committee (JCC) which has worked well with the support of the other Trade Unions.
“We are now today, taking legal advice regarding UNITE’s proposed actions as well as formally requesting that UNITE cancel their proposed industrial action.
A Special Joint Consultative Committee is being arranged for 8 November 2023 at 2.30pm.
“I am sorry for the disappointment to our residents and businesses.”

In a Letter to the UNITE Union regional officer Samantha Marshall Prof Broomhead wrote:”Firstly, in respect of the local issues that have been very recently raised by UNITE (although which do not form the basis of this strike action) can I please remind UNITE, that the Council has already offered the following:
• The Council agrees to sit down and engage with all Trade Unions including a local UNITE representative regarding Christmas Working Arrangements, on an annual basis, beginning early next year with discussions on the arrangements for the 2024 Christmas period.
• The Council agrees to formally consider a review on a potential Laundry allowance and the rate of this, the scope of employees who would be included, the approach of other councils, the total costs of such an allowance, and also explore the current HMRC payment options for individuals – to be done with all Trade Unions and a joint report produced by the end of December 2023
• The Council agrees to undertake a fresh job evaluation of the Loader role (and other Waste roles) – all Trade Unions to have sight of the documentation to be used for the evaluation and the evaluation to be completed by the end January 2024.
• The Council agrees to engage with all Trade Unions on implementing an ‘Agency Worker agreement’ within the Waste section, with the aim of reducing spend on Agency Workers and providing transparency on our approach – UNITE will be able to contribute directly to the content of this agreement.

Prof Broomhead continued: “During a meeting on 20 October, and in a follow-up letter of 24 October, Brian accepted the proposal of a joint meeting with Trade Unions to move these points forward, and we have since asked that Trade Unions work together to confirm their availability for a meeting, without any reply on this point from UNITE. I would again request that you please do this so that we can properly discuss the local issues raised above.
“On Wednesday this week (1 November), I wrote to Brian where I referred to the national pay award now being settled for 2023. I wrote: “…the basis for your strike action was “the rates of pay for 2023/24 for all workers whose pay is based upon pay awards made by the NJC for Local Government Services”. Also, given the annual national pay award is now settled and that we have made a separate offer to discuss local issues, I am now calling on you to cancel your strike action that is due to commence on Wednesday 8 November, to prevent any further disruption to Warrington residents and businesses.”
Further to that, the National Employers have now made the following statement on the 1 November as part of correspondence on the pay award:
“The National Employers are concerned that Unite’s action is undermining employee and industrial relations (at both national and local levels) and disregards the properly constituted national collective bargaining arrangements of which it has to date been an integral part. The National Employers hope Unite will call off its strikes and instead recognise that a national collective agreement has been reached, thereby concluding the 2023 pay round.”
“Rather surprisingly, Brian’s reply from yesterday (2 November) made no reference whatsoever to the national pay award process.
“We will now be taking legal advice in respect of the forthcoming industrial action and I once again urge you to recognise that the basis of your dispute as voted by your UNITE membership across the council in Warrington has now been settled by the NJC, and for you to immediately call off any further planned strike action.”

His response followed a letter from the Union stating they would not be calling off the strike action.
Regional officer Brian Troake wrote: “I write in response to your letter dated 1 November 2023, in which you call on Unite to cancel our strike action that is due to commence on Wednesday 8 November.
“I can confirm that Unite will not cancel the strike action that is due to commence on Wednesday 8 November 2023, as we have not yet reached a satisfactory resolution to our dispute with Warrington Borough Council.
“I have been clear throughout this process and in my communication to-date, that it is Unite that are in dispute with Warrington Borough Council, and therefore it is only Unite and its members that can resolve this dispute. This point has been made repeatedly and I continue to make this point as clear and unambiguous as possible.
“This dispute will not be resolved until Warrington Borough Council make an improved offer that is satisfactory to our members.
“Our members remain resolute in their determination to reach a negotiated settlement to this dispute. Furthermore, it is the intention of our members to escalate this dispute by serving further industrial action notice imminently. This is as a direct result of the ambivalence shown towards our members by you and your leadership team, combined with the complete lack of urgency shown by the Council towards resolving this dispute.
“Unite are not going anywhere and will continue to support our members until we reach a satisfactory resolution to this local dispute.
“I re-iterate Unite’s willingness to meet anytime, anywhere to reach a negotiated settlement to this dispute and I look forward to receiving your response.”

The council isn’t on its own in calling for the strikes to be cancelled. The National Employers, who agree the local government pay awards nationally, made the following statement this week:
“The National Employers are concerned that UNITE’s action is undermining employee and industrial relations (at both national and local levels) and disregards the properly constituted national collective bargaining arrangements of which it has to date been an integral part.
“The National Employers hope UNITE will call off its strikes and instead recognise that a national collective agreement has been reached, thereby concluding the 2023 pay round.”

Collections on Tuesday 7 November

The council is hopeful that on Tuesday 7 November they will be able to send bin crews out. Crews will focus on the collection of black and blue bins for those households who normally have their bins emptied on Tuesdays. If this applies to you, please leave your black and blue bins out. They appreciate and regret that many other households, who do not normally have their bins collected on Tuesdays, will not have their bins emptied on Tuesday 7 November.

For more information, please visit our website: warrington.gov.uk/news/industrial-action-update

Bin strike set to continue as Union seek better terms and conditions locally