DISCUSSION DOCUMENT

Affiliation to the Trades Union Congress The 1990 Representatives' Conference carried the motion: 'In view of the present NHS reforms, the CSP should consider affiliation to the TUC'.

Council therefore asked the Industrial Relations Committee to prepare a paper outlining the role and functions of the TUC and the main factors involved in possible affiliation. This paper was presented on June 5 to Council which asked for it to be circulated for discussion by all members.

As well as being published here it is being circulated t o Boards, Branches and Specific Interest Groups with a view to holding discussions and formulating comments. Members are urged to contact these organisations in order to take part in the debate.

After responses have been received and considered, the Industrial Relations Committee and Council will further consider the way forward.

The Role of the CSP as a Trade Union

The Chartered Society of Physiotherapy has three main functions - as a professional organisation, an education body and a trade union. In its trade union role, the Society is certified and recognised by the Government Certification Officer as an independent trade union, carrying out all the normal functions of a union on behalf of its members:

0 Negotiating pay and benefits. 0 Negotiating conditions at work and hours. 0 Negotiating leave entitlements.

Representing individual members in grievance and disciplinary cases.

0 Furthering the interests of physiotherapists both nationally and locally. Co-operating wi th other organisations in support of physiotherapists.

0 Democratically electing its Council and its stewards.

union for the benefits and defence of its own members. In these functions the CSP operates as does any trade

What is the TUC?

The TUC is not a trade union itself. It exists as a central grouping of 76 affiliated organisations, representing in total 8.5 million people. It has been described as a club for unions which offers benefits without loss of independence or individuality. Its main role is to act on behalf of. unions in issues which affect the interests of more than one individual union and to provide for affiliates and their members a range of services and benefits. Within the TUC there is a substantial range of Health Service staff in affiliated unions. They span the whole spectrum of NHS staff including nurses, pharmacists, ancillary staff, helpers, clerical and secretarial staff. Some doctors, dentists and hospital consultants also belong to TUC unions, although neither the British Medical Association nor The Royal College of Nursing is affiliated.

While the TUC's role is to promote the interests of employees generally and to provide assistance to individual unions, it cannot, under its own rules, instruct affiliated unions to take strike action or any other form of industrial action. Advice and assistance will be offered to any individual union involved in an industrial dispute in order to bring the dispute to a speedy end. So far as the NHS is concerned, the TUC has produced special guide lines aimed at protecting the interests of patients and ensuring that any dispute is carried out wi th 'respect for human life, safety and dignity'. It is clear, therefore, that TUC affiliation would not involve

the CSP or its members in any form of industrial action. Further, it is clear that the CSP as an organisation is strong and independent in its own right and would not be in danger of being submerged or involved in any form of activity with which its members were not in full agreement.

Political Affiliation

The TUC is not affiliated to any political party and no TUC funds are spent on supporting any party. Since the CSP is completely non-aligned in party politics, TUC affiliation would in no way affect the CSP position. No CSP funds would therefore be spent on any political party or issue.

The TUC has always aimed to influence the Government of the day, whatever party is in power; and in spite of the pressure of recent years, the TUC still remains influential in many aspects of public life.

CSP Autonomy and Professional Status

Organisations considering affiliation to the TUC are often concerned that in so doing they will lose their autonomy. This is not the case, since the rules of the TUC preclude it from interfering in any way in the internal organisation or affairs of any member organisations. None of the CSP's structures, procedures, committee machinery or decision- making processes would be affected by TUC affiliation. In this sense, affiliation t o the TUC is very different from merging with another organisation. The CSP would remain an autonomous, independent organisation and would channel the views of Council and of physiotherapy members into the decision-making of the TUC. Affiliation would give the CSP a voice in determining TUC policy, particularly on health service issues. Since the Chartered Society of Physiotherapy would have a seat on the TUC Health Services Committee, the Society would exercise an important influence on issues of direct concern to physiotherapists. This could, for example, prove useful in discussions on the development of national vocational qualifications (NVQs).

The professional and education roles of the Chartered Society would remain unaffected by membership of the TUC. Many professionals are members of trade unions which are affiliated and professional standing is in no way diminished. A number of professional associations, many smaller than the Chartered Society, are TUC affiliates, including senior civil servants, professional engineers, university lecturers, airline pilots and health service professionals.

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TUC Machinery

The TUC has an annual congress at which representatives from member organisations meet in order to decide the activities of the TUC over the coming year. Each affiliate has the right to submit t w o motions for debate at the congress. Notwithstanding the outcome of TUC debate, each union determines its own policies through its own procedures and this cannot be overturned by the TUC. Between congresses, the activities of the TUC are carried out through an eiected Council and a series of sub-committees, organised on a similar basis to the CSP's own machinery.

Membership Regulation - Relations Between Unions

A major role of the TUC is in regulating relations between unions and in assisting affiliates in organising, educating and servicing members. The TUC has a very clear remit and interest in preventing and adjudicating in any membership disputes which may arise between affiliates in order to promote and maintain orderly organisation and industrial relations. Any disputes, particularly over membership, which do arise, are dealt with through machinery known as the 'Bridlington procedure' which is intended t o prevent any union from taking over the existing membership of any other union. The machinery proves particularly valuable in areas where more than one union is claiming an interest. Physiotherapists are not immune, since other Health Service unions can lay claim to some physiotherapy membership and from time t o time this has proved an irritant to the CSP.

In the current NHS climate, the threat of other unions seeking t o 'poach' CSP members could become serious, particularly as loca! bargaining and local recognition issues develop further. Access to the Bridlington machinery would enable the CSP, as the undisputed organisation representing physiotherapists, t o prevent any such membership threats. This is possibly the single most important issue in terms of maintaining the CSP's position in local bargaining on behalf of physiotherapists. Any moves t o accord recognition t o helpers within the CSP might need to be examined in the light of the Bridlington procedure.

Services to Unions

Among the services provided to unions, the most important are in the fields of training and education; health and safety; legal and financial services; and various research facilities.

Training and Education

The TUC provides training courses at its national education centre and in the regions on a range of bargaining, health and safety, legal and organisational issues. CSP stewards and officers would be entitled to attend these courses, as well as special health service courses. The CSP's current grant of approximately f 7,500 from the Department of Employment for stewards' training would be unaffected.

Legal Issues

The TUC produces guidance on employment legislation, including legislation governing the operation of trade unions. Advice is provided about how legislation affects election procedures, financial obligations, conduct of ballots, etc.

Financial Services

A range of financial services, including personal pensions, mortgages, life assurance and a credit card are available t o

members of affiliated unions. Non-financial services include Unionlaw, which is a scheme developed with the Law Society to give members access to legal advice at special rates.

Health and Safety

Key elements of the TUC's work on health and safety include: ensuring unions are involved in the health and safety process at all levels; securing protective legislation and standards; and producing a wide range of publications on aspects of health and safety, including a guide on manual handling. Work on health and safety within the NHS is facilitated through the Health Services Advisory Committee, on which NHS unions are represented and which advises the Government's Health and Safety Commission.

International Issues - The European Single Market

The EEC single market in 1992 will affect physiotherapists directly and the CSP is much involved in the employment issues arising from it. The TUC committee on European strategy provides the means to influence decisions in Brussels on issues such as European Directives (eg the recent Directive on lifting and handling).

National Issues - The Health Service

The TUC is active on health service issues through its Health Services Committee. All the unions organised in the NHS are represented on this committee, which enables a voice for every interest group, and access t o TUC meetings wi th Ministers on health service issues.

Affiliation Fee The affiliation rates of the TUC are €1.12 for 1991 and

€1.23 for 1992. It is for discussion how many members the CSP would wish to affiliate since TUC affiliation is appropriate only for employed members. In addition, over- seas members and students could be excluded from CSP affiliation membership so that the total affiliated membership would be around 18,500.

Conclusion

The preceding paragraphs outline the role and functions of the TUC and the services available to affiliates. It is for the Society to determine whether affiliation provides sufficient advantages to justify the costs involved. The main advantages to the Chartered Society of Physiotherapy and its members are in the industrial relations functions, including relations wi th other unions and development of bargaining. Affiliation affords protection in seeking to prevent any poaching of CSP members; assistance in seeking and maintaining recognition for bargaining rights in the self-governing trusts; and wider influence throigh the TUC Health Services Committee.

Other advantages include access to the range of services available including education for CSP stewards and officers and also access to bargaining information, research facilities and legal advice.

This paper intentionally does not put the political or ideological arguments either for or against affiliation as these are essentially subjective and dependent upon each individual's own opinions. Ultimately it will be for the Society's members themselves to determine their views after full discussion and consultation. This paper is intended to provide the basis for that discussion to take place.

Comments should be sent to the CSP Industrial Relations Department, to arrive by November 15, 7991.

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