
From Jak Peake
From his blog here.

We have, one might argue, been here before. As of 24 March, UCU is consulting members as to whether we should be consulted on the UCEA and UUK proposals – prompted in part because of the unusual decision of the Higher Education Committee (HEC) to vote against consulting members in spite of the fact that 67% of voters in UCU’s national survey and 52% of delegates at a national Branch Delegate Meeting voted for consultation.
Some HEC members, most notably Vicky Blake, have offered a commentary as to why they voted against consultation at the special HEC meeting on Friday 17 March. The primary reason seems to be this: that there was “no option for HEC members to vote by dispute.” The combination, Blake continues, of this inability to consult on one dispute and not the other – say pensions, but not pay, terms and conditions – and the “flawed methodology and framing of the pre-HEC consultation processes”, prevented her from voting for consultation.
On this first point, this blog from UCU Commons HEC members contradicts Blake’s commentary, stating that the HEC Chair had advised HEC against splitting consultation on the pay and pensions disputes, but had not ruled it out:
…some other members of HEC wished to ballot members on the USS offer only, and [we] expected them to challenge the chair to try to amend this question. Challenges to the chair are very common in HEC, and can be made by interrupting business with a point of order … [However], this didn’t happen, but some UCU members are now under the impression that HEC was “prevented” from considering a ballot on USS only. HEC was effectively advised not to make this decision by the Chair and our supporting officials, but we can’t see how it was in any way prevented from doing so.
So, according to these Commons members, rather than challenge the HEC chair, and choosing to consult on USS, a majority of HEC members voted to reject consultation altogether (the HEC votes are visible here), cutting off one’s nose one might say to spite one’s face.
On the second point, there has been lots of consternation expressed about the consultation process which does appear problematic. When branch delegates initially voted on one question about whether the union should consult and pause, it appears that a majority voted against this option (though the weighted results of this vote have not been presented). It was only when the questions of pausing and consultation were separated that 52% voted for consultation. This, however, was not what branches had been instructed to consult on – the questions having been combined – and hence a number of delegates undoubtedly may have abstained when the questions were decoupled, making the results of the second round of questions problematic to say the least.
So, the consultation was messy – as has been acknowledged by Jon Hegerty, who has stated (via email on 22 March) that errors were made in terms of communications, and who has vowed to “try to get things right”. A national survey showed a 2:1 preference for consultation and pausing; a national BDM showed mixed results – no to pausing and consulting, but marginally yes to consulting and not pausing.
Still, with the flaws of the consultation factored in, some may be scratching their heads as to how HEC members justified a decision to not consult members on one or the other or both of the disputes. I would expect HEC members to at least anticipate the PR problem facing them after the 17 March meeting. How could the HEC vote against member consultation and still make a claim to respecting union democracy or being member-led (at least in the ways that many members in the union understand these terms)?
The answer from HEC members who justify the HEC vote of non-consultation seems to concern the framing of consultation, the sense that the proposals on pay and conditions in particular could be firmed up, and the lingering feeling that HEC/NEC members are not fully included in the devising and shaping of consultation questions – the latter of which Michael Carley touches upon in his response to me (originally in response to him). Presumably HEC members who voted for consultation, however, took a different view: that members broadly desired formal consultation on the employers’ offers on pay and pensions, that the proposals are serious enough to warrant consultation and that, on this basis, no amount of grousing about the mode of or flaws in consultation justified such a denial.
Given the preferences of members, I would have expected the HEC to have settled on consultation with or without a pause (even if consultation without a pause is costly and strategically unwise given that it places virtually no leverage on employers who would not on principle produce new offers/proposals while members consult on current proposals). So, too, did quite a few colleagues at my local branch, some of whom expressed consternation at the HEC decision which they read as high-handed and vanguardist.
On the evening of Friday 17 March, following the announcement of the HEC’s decision, I received the following email from a member of my branch:
HEC decide to continue but not to put it to the vote … This is incoherent and definitely is not listening to the membership however its voice is to be presented to the Union leadership. The only coherent response is to cross the picket line, with the only question being whether to resign from the Union first. … I [will] wrestle with that conundrum (never crossed a picket line before).
This was not the only email I received in this vein as Branch President at the University of Essex. It is hard to see how the HEC’s decision can be construed as anything but anti-democratic or “authoritarian” as another Essex colleague described it, though for its defenders – at least in one of several circulating open letters – the “e-survey was not a democratic exercise and was never intended as such, but was an attempt to manipulate the HEC”.
These are strong words from the defenders of the HEC’s decision which push towards what many members will see as a perverse or paranoid interpretation of events. Let us remind ourselves of the question members were asked: “Do you support UCU members now getting a vote on the negotiated proposals that have been reached, and pausing strike action (ASOS would continue) whilst this consultation takes place?”
I have fleshed out complaints about this question. But is such a question “manipulative”? Perhaps the real issue here is that there are lingering concerns that elected negotiators have not been properly consulted on the proposals, or indeed the pause which brought about ACAS negotiations, and therefore have been sidelined by a combination of the bureaucracy and the General Secretary’s team, and/or a section of the union’s leaders: what many tend to refer to broadly as HQ.
In all fairness, there may be something to this: the General Secretary, President Elect and national officials have put in time to produce a podcast and transcript which talks up the proposals while the elected/lay negotiators have not fed into these discussions or documents. In this respect, a fair assertion to make is that we have not heard fully from the whole negotiation team about the proposals. Rather we have heard from those who were involved in the ACAS negotiations. Is this proper? There is little to say it is improper. Some HEC members have complained about their prevention from making formal recommendations on the proposals if members are consulted on them. However, Hegerty has set out that it would not be appropriate for recommendations to be made on proposals which have not yet materialized into offers, and it would be at the offer/deal stage – further down the line – that the elected negotiators and/or the HEC could make formal recommendations. I cannot claim to know the mechanism by which the HEC can or typically make recommendations on proposals, but I see no reason to distrust an official or to see why one would be actively working against members’ interests.
Nevertheless, it is in context – one in which distrust is unfortunately pervasive – that three of the four lay negotiators on pay (Lucy Burke, Marian Mayer and Sean Wallis – a fourth Robyn Orfitelli being unable to comment due to personal circumstances) and the two HE vice chairs (Maria Chondrogianni and Deepa Driver) have published their thoughts about the employers’ proposals. Their main purpose may be to put the other side of the debate, the side missing one might argue from the relatively upbeat narrative of the General Secretary (GS), President Elect and others and perhaps even Jon Hegerty’s fairly neutral branch briefing slides on the offers, but it is hard not to see this as factional given that 4 out of 5 of the negotiating team represented are affiliated with UCU Left. I understand the impulse – but I am not sure at this point that a discussion of the proposals which they argue should use a 2020 offer rejected by members (so in essence a non-deal) as a baseline is helpful when what is facing members is whether they wish to be formally consulted on the employers’ proposals in the first instance. The question, then, ought to be not should we accept or reject these proposals, but do we think them good enough to consult on in the first instance and have further discussion about following formal consultation?
Some of us feel we’ve already stated our position on this, but this message has not been heard. Carley writes of me in the same breath as the GS, claiming that we “believe that if the NEC makes a ‘wrong’ decision, it should be bypassed”. This seems an overly literal reading of an article which was making the case to move beyond the binaries of direct vs representative democracy. In the context of the HEC not consulting members on indefinite action, I said that “‘direct’ democracy was the best recourse to put HEC members in touch [emphasis added] with real rank and file views”. I raised it as a justifiable “model” when, to quote Michael Abberton, “ideology overrides the democratic will or best interests of the [union’s] constituents”. I didn’t, however, say that direct democracy should be implemented formally, that e-consultation be made binding and turned into referenda, or that national committees or branch representatives should be bypassed; furthermore, I would advise against the sidelining of elected negotiators, and made the point that what transpired when the GS went to members was not in fact direct democracy, but rather consultation (to inform decision-makers within the union leadership) plain and simple – a mechanism used since UCU’s formation in 2006 and regularly adopted during Sally Hunt’s tenure as General Secretary. However, I do feel that when FEC, HEC or NEC or any other national or cross-committee ignores the will of the majority of its members, it invites inevitable challenges. And perhaps more significantly than coming from the GS, or HQ, these challenges will and do come from the frontline. Members who feel ignored or sidelined will not follow a diktat from on high. Rather they will cross a picket line or walk away from the union altogether.
Aside from the debates about union democracy, there are other key reasons why it makes strategic sense for members to consult on both of the current proposals. Firstly, it gives more time for proper debate of the proposals and allows a much broader spread of people to have their say beyond the forty odd members that make up the HEC. Secondly, if the membership accepts the proposals, it prevents a protracted period of loss of pay (at a time when loss of income is hard felt) and provides some kind of a win and respite from industrial action. Certainly, for those who are holding out for better offers/proposals and have sacrificed a lot, they may feel such a win a let-down, but if they are minority can they really set the terms for the majority of the membership? Thirdly, if we are to ultimately reject the proposals, the rejection will always be stronger – providing better leverage – if coming from the membership rather than the HEC. To paraphrase one HEC member who voted in favour of consultation on 17 March, not asking the membership is not a sign of strength, but of weakness.



