UCU Scotland congress 2023

Resolutions of UCU Scotland Congress 2023.

1. Twinning

UCU Scotland notes:

• the grass roots twinning operation that was organised by and across branches during the MAB in 2022.

UCU Scotland believes:

• twinning will be an essential component of countering punitive deductions from employers for the upcoming MAB
• UCU Scotland involvement in coordinating and supporting twinning will make it more effective.

UCU Scotland resolves:

• to play a coordinating and supporting role in twinning.
• to begin this by convening as soon as possible a group that includes activists from Scottish branches who were involved in this activity in 2022.

2. Exploring the case for a different bargaining approach

This congress notes that the current New JNCHES approach has not delivered for staff in any substantial way for many years.

Congress believes that the viability of the current New JNCHES needs to be questioned, and different options explored, and that the options that should be explored includes the possibility of moving towards a Scottish Sector negotiating system (as supported by other Trade Unions in the University Sector).

Congress asks the Scottish Executive to research these options, including talking to other trade unions in the sector regarding this, and to make these concerns known to the HEC requesting that they also consider the current situation.

3. Managing and Preventing Mental Health Issues

Congress notes:

1. high levels of stress, anxiety, depression and other mental health in Scottish Universities due to poor working conditions, including high workloads and casualisation
2. continuing, though reduced, stigma of mental health issues
3. the lack of sufficient and appropriate training of line managers in managing mental health issues, which may lead to making them worse.

Congress agrees to call on UCU Scotland Executive to encourage all branches to:

1. ensure they have H&S reps who have undergone training on treating workplace stress and mental health issues as H&S issues
2. organise regular H&S mental health inspections and put pressure on universities to respond to the findings
3. ensure that all line managers have appropriate training in supporting members of staff with mental health issues.

4. Oppose Right to Work checks  

UCU Scotland notes the re-introduction of the requirement for employers to check the legal right of prospective employees to work in the UK, normally through a manual document-based right to work check (RTWC). Universities often expect their employees, including UCU members, to conduct these RTWCs. Failure to conduct RTWCs render universities (not their employees) liable for a civil penalty.

The requirement for RTWCs:

• is a barrier to employment
• disproportionately affects people without British or Irish citizenship
• generates additional work for university workers
• is part of the 'hostile environment' for immigrants created by the UK government
• requires universities in Scotland to police UK immigration laws and collude in this hostile environment.

UCUS therefore:

• explore ways to collectively oppose RTW checks
• Requires officers to engage with Universities Scotland to seek a joint position opposing RTW practices
• Makes representation to the Scottish and UK governments to end RTW practices.

5. Online programmes and the involvement of private consultants/companies

Congress notes with some concern the increase of online curricula delivery in HE. Whilst online programme delivery addressed issues relating to access and continuity during the pandemic, the accelerating digitalisation of the universities in the post-Covid era has to be carefully scrutinised for its political and pedagogical significance.

The Congress notes that:

• online programmes can, potentially, lower academic standards, when not fully supported and justified, pedagogically
• the involvement of private consultants in the design/delivery of new online programmes often takes place without consultation, and has resulted to increased workloads for University staff, lack of agency and/or issues around intellectual property.

UCUS Congress resolved that:

• UCU guidelines are developed to safeguard for the terms and conditions of the staff involved in the development of online programmes
• UCU branches are consulted before private consultants are considered, as well as at the stage when agreements are brokered between Universities and such private companies.

6. HERA scoring and appeals discrepancies

Congress notes with concern that:

1. there are significant discrepancies in HERA scoring in regrading posts across HE resulting in professional staff getting significantly lower scores at some universities than at others (sometimes two grades difference for the same job)
2. the regrading appeal policies are significantly different ranging from effectively no grounds for appeal (e.g. appeal allowed on the basis of applicant not including enough information) to appeals allowing challenging scoring and representation in person in appeal panels.

These have significant financial and morale implications on professional staff with similar responsibilities being scored well below what they would be scored at a different institution.

UCUS commits to supporting a UK HERA regrading appeal policy to include the best practice examples (Cambridge University's appeal policy) and working towards creating a national panel for HERA appeals when no resolution is reached at institutional level.

7. Targeted strategy for small and/or non-recognised branches

Congress notes that in universities such as Edinburgh Napier, UCU is a small non-recognised union, within a university which has a large recognised union for academic staff (EIS). Given the lack of an equivalent to EIS in England & Wales, Congress believes that this puts branches such as Edinburgh Napier UCU in a highly unusual position vis-a-vis most other UCU branches. Congress believes that guidance and strategy emerging from UCU national is frequently inappropriate for the local situation in such branches.

Congress believes UCU Scotland should advocate within UCU for a targeted strategy for small and/or non-recognised branches, including those where an alternative recognised union is in place.

8. Casualisation  

Congress welcomes the communication by the General Secretary that "we will not reach an agreement until we have genuine progress on casualisation". Congress supports this statement.

Congress believes that UCU Scotland should reconfirm its support for the solution to the dispute to prioritise the concerns of casualised staff members.

9. Encouraging more inter union co-operation in the Scottish university sector 

Congress notes that joint industrial action and campaigning, whether over pay, conditions or governance of the university sector, has been more successful when the trade unions work together.

Congress notes that tensions can arise between unions, but believes that if possible, more co-ordination, informal and formal, between trade unions and between UCU and EIS/ULA in particular would create a stronger voice in the sector.

Congress asks the Scottish Executive to contact the executives of the relevant unions and request discussions on whether there are practical ways in which our unions can co-ordinate strategically on issues of mutual concern.

10. Strikes (Minimum Service Levels) Bill

Notes:

• the existence of a range of anti-trade union law in the UK, including the Trade Union Act (2016) which seeks to limit workers' capacity to bargain for better pay and conditions
• the Strikes (Minimum Service Levels) Bill aims to further limit workers' right to strike
• workers across six sectors may be prevented from taking strike action

Believes:

• workers have an inherent right to strike and to organise
• an attack on this right in any one sector is, and should be treated as, an attack on all workers everywhere.

Resolves:

• to work with other trade unions and the TUC to campaign against the Bill.

11. Trade unions in communities 

UCU Scotland notes the new initiative "Trade Unions In Communities" (tuic.org.uk/) and recognises the boost it can bring to our movement. TUIC currently consists of union branches from a wide range of Trade Unions and is actively supported by STUC.

UCU Scotland resolves to:

• contact TUIC to advise of our support for this initiative
• work with the group to lend whatever support we can, including sending a delegate to their monthly meetings
• encourage our members to volunteer in the staffing of the new Hub at Craigmillar
• support and encourage any similar initiatives in other parts of Scotland.

12. "Trans-Inclusion and the Law"

UCU Scotland welcomes the recently published report, "A New Report on Universities' Legal Obligations regarding Trans Inclusion and Freedom of Expression " by David Renton, Barrister Garden Court Chambers, with support from Dr. Daragh Murray, Senior Lecturer, School of Law and Human Rights, University of Essex and Dr. Emily Jones, Senior Lecturer, School of Law and Human Rights, University of Essex. https://www.essex.ac.uk/departments/law/research/human-rights

It is written from the perspective of English/Welsh law. While, under Scots law, the ECHR principles would be more or less identical, other elements will be different, such as around employment law and crime.

UCU Scotland therefore commits to commissioning a similar piece of work in a Scotland context from a suitable legal professional.

13. "Non-binary Inclusion"

UCU Scotland believes:

Non-binary members, staff and students should have equal rights and opportunities and be fully included. This branch believes everyone should have the right to be themselves without fear. We believe that many of the barriers to inclusion and positive workplace practice arise from a lack of confidence and education around non-binary people's experiences. It is therefore necessary to change the culture in our trade union and institutions to pave the way for non-binary equality.

UCU Scotland resolves:

• to consider the needs of non-binary members when planning events, e.g. by ensuring the availability of gender-neutral toilets (other than the accessible toilet) and appropriate pronoun choices when registering
• to ensure non-binary members are safe from discrimination at our event and in our spaces
• to openly stand with non-binary members, staff and students
• to expand the existing training offers e.g. by offering more accessible and more frequent courses.

14. Gender Recognition Reform Bill

Notes:

• Scottish Parliament passed the Gender Recognition Reform Bill (by 86 to 36) which would remove barriers for people to legally change their gender by allowing for self-identification
• this bill is now being blocked by the UK Government (Section 35, Scotland Act 1998).

Believes:

• people should be supported through self-identification and transition
• transphobia cannot go unchallenged - UCU has a responsibility to trans and nonbinary members to respond strongly to attacks on their rights
• in affirming the right to safety and livelihood for trans and non-binary individuals who have moved to Scotland to flee oppression and persecution
• in democratic decision making, here threatened by Westminster overriding Scottish Parliament.

Resolves:

• to strengthen solidarity with trans and nonbinary members
• to examine practices in our union and work to make them more trans-inclusive
• to make national-level representations to persuade the UK government to recognise and respect the democratic authority of the Scottish Parliament.

15. Trans rights and inclusion

UCUS Congress notes:

• UCU supports trans rights and welcomes the increased visibility and empowerment of trans and non-binary people in society
• UCU opposes any violence, intimidation, bullying or disrespect towards any group that faces discrimination
• UCU has clear policy in support of GRA reform which will make it easier for trans people to gain legal recognition of their gender
• UCU supports the right of all women (including trans women) to safe spaces.

UCUS Congress believes:

UCU has responsibility to its trans and nonbinary members to respond strongly to attacks on their rights.

Transphobia cannot go unchallenged, and UCU as part of the broader Trade Union Movement has a responsibility to challenge it.

16. University Campuses in Countries that do not Support LGBT+ Rights  

Congress notes:

1. several Scottish universities have campuses and/or formal teaching partnerships in countries that do not fully respect LGBT+ rights
2. this leads to discrimination and disadvantage to LGBT+ members working on these campuses/institutions e.g. same sex partners not getting visas allowing permanent resident when opposite sex partners do, counter to human rights legislation and avowed university equality and diversity policies.

Congress calls on UCU Scotland Executive to:

1. show practical solidarity to trade unions and organisations campaigning for LGBT+ rights in countries with poor LGBT+ rights where Scottish universities have campuses/teaching partnerships
2. together with branches put pressure on the offending universities to investigate and implement measures to avoid discrimination to LGBT+ members of staff on these campuses
3. together with branches to put pressure on Scottish universities not to set up campuses or enter teaching partnerships in countries with poor human rights records.

17. Rule Change Motion  

Rule 3 Officers

In 3.1 replace 'six' by 'seven', delete 'and' before 'the Equality Officer' and add 'and the Green Officer' at the end.

After point 3.1.5 add

'3.1.6 The Green Officer shall take a lead in advancing green and sustainability issues, including urgent action on climate, and supporting branches to ensure their institutions have strong policies and practice in this area. They shall chair the UCU Scotland Green Network'

In 3.4 delete 'or' before 'the Equality Officer' and add 'or the Green Officer' after 'Equality Officer'.

In 3.6, after 'v Equality Officer' add 'vi. Green Officer' and renumber.

3.11, 3.13 Delete 'or' before 'Equality Officer' and add 'or Green Officer' after 'Equality Officer'.

Add after 3.15 and renumber

'3.16 The first election for the post of Green Officer will be held as soon as possible after UCU Scotland Congress 2023 and in accordance with Schedule A.'

Schedule A

Points 3, 4 and 5 add, ', Green Officer' after 'Equality Officer'

Point 6d delete 'or' before 'Equality Officer' and add, 'or Green Officer' after 'Equality Officer'.

18. Climate Justice before it is too late!

Congress notes:

1. the urgency of action on climate change with increasing risk of average global temperature rises above 1.5 ^oC
2. where universities in Scotland have taken initiatives to improve the sustainability of their operations, they are generally too little too late
3. the unused potential for Scottish universities to give a lead in education on climate justice in Scotland
4. slow divestment from fossil fuels, with some universities not even having target dates.

Congress calls on the UCU Scotland Executive to:

1. in consultation with branches, the UCU Climate and Ecological Emergency Committee and environmental justice organisation draw up sustainability policy and practice demands, including realistic divestment target dates, for branches to negotiate with their institutions
2. support branches to get a UCU rep on environmental, sustainability and similar committees of their institution
3. set up a Green Network to coordinate action and support branches on these issues.

19. We Owe Banks Nothing 

UCUS notes that:

QMU is in debt to Barclays and is currently paying around £1.5m a year in repayments plus an extra £1m in interest. QMU's financial situation led to around 40 staff losing their jobs in 2019. Remaining staff work longer and harder to add to the multibillion pound PA profits of Barclays and their shareholders.

Indebted universities siphon public money into private profits.

£1.3tn bailout of banks is at the root of austerity and many of today's disputes including 4fights. We owe banks nothing.

Debts have been defied in the past as a result of mass campaigns. We should aim for full cancellation and with a powerful campaign we can at least achieve re-negotiation along better lines.

UCUS commits to working with UCU nationally to investigate how bank usury is affecting HE and FE institutions and launching a campaign to defy such debts.

20. Solidarity with justice campaigns 

Congress is aware that there are a number of campaigns underway in Scotland led by or in support of families whose loved ones have died in state custody, notably Sheku Bayoh and Allan Marshall. Among other issues, these families have expressed concern about inadequacies in investigations into deaths, that Fatal Accident Inquiries are not fit for purpose, that officers have been offered immunity from prosecution, that bereaved families have not been provided with early access to legal aid funds/funded expert witnesses and that there has been no accountability for those involved in the deaths. The Sheku Bayoh campaign has furthermore examined potential institutional racism in the police force and justice system.

UCU Scotland supports these campaigns for proper investigation, justice and accountability with regards to the deaths in question, and future deaths in state custody, and potential institutional racism in the Scottish justice system.

21. Solidarity with Palestine

This year commemorates the 75th anniversary of the Nakba, when 750,000 Palestinians were expelled from their homes by Zionist militia in the establishment of the State of Israel. For 75 years, Israel has denied refugees the right of return, in contravention of UN Security Council Resolution 194.

UCU Scotland notes with concern the continuing escalation of violence and repression against the Palestinians during this year.

UCU Scotland reaffirms its commitment to policies in support of the Palestinian struggle against settler colonisation, including supporting the campaign for Boycott, Divestment and Sanctions against Israel, and against the IHRA working definition of antisemitism.

Motion remitted to the Executive Committee:

L1 Trans solidarity, GRA support and conflicts of interest 

UCUS Congress notes with concern the article in the Herald newspaper on the 10^th March 2023 about the incoming UCUS President's opposition to the Gender Recognition Act. UCUS Congress believes such articles undermine UCUS commitment to be an inclusive union.

UCUS Congress resolves to:

1. make representations to the Scottish Government in support of the GRR bill
2. actively support campaigns which seek to defend and advance the rights of trans and non-binary people
3. convene a working group of reps from Scottish branches to raise awareness and to support branches to defend trans and non-binary rights on their campuses.
4. request that at all times UCUS representatives clearly outline the UCUS position when such issues are discussed; when acting in UCUS representative capacity refrain from outlining their personal views in public statements/interviews if different or conflicting with those of UCU Scotland.