Quay Worker February 2023

Keeping RMT members aware of current affairs around UK ports

FEBRUARY 2023

Focus on Health & Safety structures

Welcome to another edition of the Quay Worker, a publication aimed specifically at those RMT members working within the various ports around the UK and covering a number of topics that we hope you find informative and can be shared with any colleagues in your respective workplace who are not currently a member of RMT.

I have visited a number of ports over the past 12 months including Harwich, Heysham, Loch Ryan, Belfast, Holyhead, Dover, Birkenhead and Fishguard talking to our members about local issues, negotiations, safety concerns and sector specific issues. As your elected National Secretary I believe that the union should be seen in the workplace and I find these visits informative and we are able to evaluate if there are any concerns that have not been raised through any formal union mechanisms by listening to the members and taking any issues forward. During the past 12 months we have seen an increase in port workers becoming more involved in branch meetings and being elected as branch officials.

I have a concern with regards to ‘health and safety’ structures and our involvement in safety concerns of our members within ports. Health and safety structures should run parallel to industrial matters and be of equal importance to our members and this is something in which we need to focus on going forward.

Regards Darren

Why vote?

It is imperative, as a member of RMT, that every single member takes the opportunity to participate when your union asks you to vote, either in an electronic referendum on your rates of pay and conditions of service, a ballot for industrial action or an internal election ballot for National Executive Committee / Regional Organiser or National official.

We have seen varying responses when members are given an opportunity to vote, with some high percentage turnouts and some low percentage turnouts.

As a union we are continually reminding members to ensure that all contact details are correct that will allow us to best communicate with members and ensure you are given an opportunity to participate in membership engagement surveys, ballots and referendums but still this remains a problematic area.

The question we must ask when turnouts are low, especially in pay referendums, is why? Why are members not voting? What can we do to improve participation? A recent pay referendum of a port employer returned a 33.33% turnout. We must look to address this and we would appreciate any feedback on this matter being given to your Branch Secretary, Regional Organiser or National Secretary, Darren Procter.

Workplace Industrial Representatives

by Sean Miskimmon, RMT National Executive member - Maritime Region 2

Our union structures have many vital cogs in its machinery, but none more so than our workplace industrial representatives. They are the vital cog that makes your NEC, respective lead officers and National officers aware of the problems you and your colleagues face within your workplace. Workplace industrial reps are trained and ready to respond when you are likely to need help most and can advise how to access and utilise your RMT membership in full.

As a workplace industrial rep, you’ll learn how to provide advice and representation on employment rights and terms and conditions, you will be educated by the union in how to represent members at disciplinary and grievance hearings and be RMT’s conduit in your workplace promoting equality, recruitment and union training.

I was an industrial rep for over 10 years. At times I felt a huge responsibility dealing with members and often friend’s issues, but nothing is more rewarding than getting a member reinstated, a good settlement or fixing an injustice in your workplace. Nothing is more satisfying than being part of a strong collective and being trusted by your peers to be the person they want representing them in these circumstances.

A well organised workplace on average earns 28% better

wages than a nonunionised workplace, is a safer place to work and forces employer engagement. If you don’t have a workplace rep, you’re sending the green light to employers to attack you terms and conditions and impose

what they wish, if you don’t have a rep why not volunteer yourself? We have to be more organised than we ever have and that starts with having well trained, well supported reps on every watch on every vessel.

If you’re standing back waiting for someone else... you’re part of the problem! RMT will provide you with all the training you need, you will be supported with everything at our disposal. So lets improve how organised we are on every vessel by maximising the amount of reps we have and working together as a collective to best represent you and your colleagues.

I can be contacted at s.miskimmon@rmt.org.uk for more information about becoming involved as a representative.

If you’re standing back waiting for someone else... you’re part of the problem!

GET ACTIVE, GET INVOLVED...

I am proud to be a docker. I am proud to be a member of RMT. I am proud have been elected as a delegate to the various conferences, but what would make me even prouder is an emergence of port workers becoming more involved in the union’s machinery and giving us an identity as a grade that we have probably lacked previously. GET ACTIVE, GET INVOLVED!!

I became actively involved as a member of RMT union in 2017 following successfully achieving recognition. I became an industrial representative in July 2017 and I have successfully completed both Level 1 and Level 2 representatives courses that have given me the tools to best represent members in my port. I am also a Health and Safety representative within the port and actively involved in making representations to our employer on behalf of our membership.

Since becoming actively involved I have regularly attended my local branch, Dover shipping, to seek advice and raise our concerns and understand the best way to progress them. I have recently been elected as the Chairperson of Dover Shipping Branch and actively involved in planning organising initiatives, seeking reports from various employers within my branches sphere of influence and ensuring representation of members with issues in the various workplaces.

I have attended numerous demonstrations including Condor Ferries in Portsmouth, various P&O ferries demonstrations, TUC rallies and supported picket line disputes of our brothers and sisters working on the railway.

I have also attended regional SOS2020 campaign meetings. I was elected as a regional delegate at the 2021 and 2022 AGM and 2022 Biennial Maritime Industrial Organising Conference. I have also attended 2022 RMT Health & Safety conference and will be attending 2023 Health & Safety conference.

There is nothing stopping other RMT members, working within the ports sector around the country, becoming actively involved and organising for the betterment of your terms within your place.

I have worked for the company for around 18 months and quickly became involved in the union as I’ve seen first hand the difference it has made within my workplace.

When a vacancy arose, I put myself forward to become a representative as I had previous albeit limited experience at a previous employer with another trade union. I am a member of Liverpool Shipping branch and I’ve attended branch meetings via zoom which makes it easier for individuals to become actively involved and have your say on a range of matters taking place within the union.

I recently attended my first educational course at the National Education Centre in Doncaster. The course was fantastic and provided me with the necessary tools to assist representing members and organising within the workplace. The support that I have been given since taking up the role has been great. From my branch officials, Regional Organiser Daren Ireland and National Secretary Darren Procter as well as a network of representatives at my own employer and those that I established links with through the educational course at Doncaster.

I would recommend that anyone in the work place that is not a member to sign up and access the many benefits that the union has to offer. But most importantly, get involved in your union making your VOICE STRONGER AND MORE EFFECTIVE IN THE WORKPLACE.

My name is Carl Holman and I currently work for Port of Dover Cargo Ltd as a stevedore and I have done for a number of years.

My name is Mike Harpur and I am a port service operative for Stena in Birkenhead.

PORT VISITS

It is vital for us as a union to visit members within the workplace; listen to your concerns, provide information where required, support your locally elected representatives and improve how we are organised within your port. Our objectives in every port should be to have elected industrial representatives, elected Health and Safety representatives and ensure your representatives are given the training and support that is required to best represent your interests on a daily basis.

Fishguard

Loch Ryan port

Dover

Birkenhead

Belfast

Holyhead port

Belfast

INDUSTRIAL RELATIONS DEPARTMENT

LOUISE DAWSON explains the vital role of staff within this department.

Any RMT member that has ever used the union’s freephone helpline will have spoken to a member of Industrial Relations department based at Unity House in London. ‘IR’, as it is commonly known, represents the hub of the union, dealing with issues that affect members on a day-to-day basis. This frontline department will deal with anything to do with a member’s terms and conditions and will give advice on a multitude of issues.

The Department has also taken responsibility for the Advice Line and gives advice on non-work related matters. This is not a legal helpline but the department can give advice on many issues. Where this is not possible, for example where financial advice or family law (including divorce) advice is requested then they can point you in the direction of Solicitors or professional advisers approved by the Union.

When it comes to work related matters the department can assist with issues such as rosters, rates of pay, leave, disciplinary and grievance matters, the difficulties around PT&R (Promotion, Transfer and Redundancies), severance and ill-health severance. In short, anything that is workrelated, this department will deal with.

IR also co-ordinates all pay claims and conducts all referendums. It conducts all industrial action ballots and most members will know that conducting Industrial Action Ballots is a very important part of the union’s strategy in defending members’ terms and conditions and is fraught with legal difficulties. We can expand on this point and provide you with further information on the balloting process to assist in members’ understanding of the complexities.

First of all, when a report is received from your Regional Organiser or a resolution from your RMT Branch, this will be placed before the National Executive Committee for consideration and if it decides to declare a dispute with the Company, the IR Department will write to the Company listing the issues in dispute. This forms the first part of the legal notices. Then the NEC may take a decision to conduct a ballot for industrial action, which can consist of strike action and/or industrial action short of a strike. It is usually beneficial to ballot members for both forms of action to give more options later on but this does not mean that any action will necessarily be called.

The IR Department then has to prepare the legal notice of ballot, ballot paper and ballot info sheet. This starts with an exercise to make sure all members details are correct including their workplace, job title and contact details. A data file will be sent to your Regional Organiser who will arrange to check and update your details. This is especially important as the Company is notified of the number of members at each workplace, the number of members in each job category and the total number of members concerned – if this information is not correct it can lead to the Company challenging the ballot and in some cases, means we have to call off the ballot and start again.

Each member included in the ballot will then be sent a ballot paper and ballot info sheet by post from Civica Election Services with a freepost return envelope. These will give the member the opportunity to vote for industrial action and the ballot info sheet provides further information on the dispute. We aim for at least a 3 week balloting period before the closing date and we are able to send out replacement

papers to any member who hasn’t received them during this period.

On the ballot closing date, Civica Election Services will send a report of voting to the IR Department giving the result. Under the current legislation, 50% of the total number of members who were balloted must have returned their ballot and 40% of the total number of members who were balloted must vote ‘yes’ for action to be able to take place. You will receive reminders from us during the course of voting as if we don’t meet these thresholds then the ballot will fail.

Once a successful ballot mandate has been achieved, which meets the above criteria, then the NEC can take a decision to call industrial action and again, the IR Department will conduct a further check on members details, paying particular attention to any differences in figures since the notice of ballot due to members joining, leaving, or changing jobs. We will then send the legal notice of action to the Company and inform you of the details of the action.

The whole process, from sending the notice of ballot, to the first possible date for industrial action, takes at least 6 weeks. A week between the notice of ballot and ballot papers posted to members, 3 weeks balloting period, then two weeks’ notice of action before the action starts.

After 6 months from the ballot closing date, the ballot mandate expires and we have to re-ballot members again from scratch if we want to continue taking industrial action. The IR Department will start the process in good time to make sure the new ballot closes before the first ballot expires.

WHAT ARE YOU DOING TO SUPPORT STRIKING WORKERS?

In an ever shifting political landscape we are given a daily report on Morning breakfast shows about which sector is taking strike action on that day and how it may effect you. The media is queuing up in an effort to challenge union officials in an effort to diminish public support for striking workers. You and your colleagues may have friends and family that are impacted by the strikes in various sectors and we should be encouraging discussion in every workplace about what you are doing to support those unions in dispute in your local area.

RMT ‘IN-HOUSE’ LEGAL SERVICES

by RICHARD WILLIAMS – RMT Legal department

Our in-house Legal Department fight a number of cases. Originally our Legal Department began with the assessment of cases only and referred the running of cases out to external providers. However, this approach was developed and changed a few years ago and today they deal with all cases from assessment to the case’s conclusion at a tribunal for our members in London and the South East and the North West of England, for members in other areas our Legal Department provides advice and if required will instruct our panel solicitors local to that area. Our Legal Department has also set up links with lawyers in the Republic of Ireland and the Isle of Man so that we can provide legal services to members.

Our Legal Department provides the advice and arranges the appropriate representation if the claim is deemed to have reasonable prospects of success. It does not provide direct funding to members for their own choice of legal representation, instead it provides representation itself or through our panel solicitors.

In 2021, our Legal Department has also submitted claims to the Employment Appeal Tribunal for our members who have been unsuccessful with their claim at the employment tribunal and the basis for an appeal has been identified.

The Unions’ helplines for work and non-work matters continue to provide enormous benefit to our members.

The Union’s Legal Department is now firmly established and employs four solicitors. The biggest call for assistance remains dismissal cases. Added to this the number of settlement agreements (members leaving their employment through negotiated agreement).

The second largest call for legal assistance was to recover monies unlawfully deducted from our members’ wages.

The third largest call was for members with their discrimination claims. Our In-house Legal Department are robust in fighting all forms of discrimination in the workplace; this is evidenced by the successful case

outcomes. Other members required assistance with whistleblowing and trade union detriment claims.

Our Legal Department are dedicated to assisting our members where there are reasonable prospects of success. Sadly, we are unable to support all cases where there are not reasonable prospects of success. However, this Union is not adverse to take on a case, despite the advice, where the NEC considers that, notwithstanding the prospects of the case, there are important political reasons to support locally. We remain a democratic fighting Union so it is no surprise that employers are using the law to get rid of our members and we will instruct our solicitors to fight those cases where we deem it necessary.

Our in-house Legal Department continues to advise and support members in their work-related criminal cases in the Magistrates Court. This often involves defending members against false allegations made by the public of assault, false allegations of theft and alleged driving offences. Furthermore, we continue to offer advice and support for bus and taxi drivers, in respect of their licensing issues, licensing appeals before the Magistrates Court, driving offences, and in respect of appearances before Traffic Commissioners.

Our in-house Legal Department will continue to strive to deliver a first class service to all of our members. We are committed to provide a strong legal department to assist the Union through the ever-changing legal landscape. Their successes have grown yearly. It is important going forward that we have a legal service fit for the challenges that we face.

The RMT Legal Department has achieved a number of successes at the Employment Tribunal, Employment Appeal Tribunal and in settlement negotiations for ongoing cases.

The Unions’ helplines for work and non-work matters continue to provide enormous benefit to our members.

PENSIONS UPDATE

by PAUL NORRIS – RMT Pensions Officer

Ensign Retirement Plan taken over by Smart Pensions. WHAT DOES THIS MEAN FOR MEMBERS?

It has recently come to the attention of RMT that the Ensign Retirement Plan (ERP) is going to be taken over by Smart Pensions. The ERP is a Defined Contribution (DC) occupational pension scheme arrangement which is offered to employees working at shipping companies and port operators such as Stena Line.

We are advised that over the past year the Trustee have been reviewing ERP in respect costs and more importantly members are receiving value for money. The latter point is very important when it comes to DC arrangement as members potential retirement benefits are based on the amount of contributions going into their individual pension pot, the level of investment returns they receive over the lifetime of their membership of the ERP and level of charges deducted from their pot every year to administer the plan i.e. Annual Management Charges (AMC’s).

Following the review and carrying out details due diligence the Trustees have decided that it would be in the best interests of members current and future retirement benefits that the ERP is wound up and that members benefits are transferred to Smart Pension a Master Trust arrangement who will offer comparable benefits as those offered under the ERP.

While ultimately such mergers/takeovers are common practice, as long as the appropriate regulatory procedure has been followed, RMT have been in contact with the Trustee to seek further clarity on the takeover.

Below are several questions we have asked the Trustee in relation to the takeover including their answers:

Q. When will the takeover happen?

A. It is expected that over by Smart Pension will be completed in early 2023.

Q. Do members have to consent to Ensign funds being transferred to Smart Pensions?

A. Member consent is not required although members have the choice to transfer to another pension arrangement if they wish.

Q. If current ERP shipping employers decide to move to Smart Pensions will they be expected to provide the same level of contributions as those currently paid under the ERP?

A. Yes, the same level of contributions is expected to continue.

Q. Will the default and self-select investment funds be the same as those which are currently available to members in the ERP?

A. No, they will be Smart funds but will be similar.

Note: The Smart Pension default investment strategy is designed to maximise returns whilst also being environmentally and socially friendly.

Q. Will the AMCs for the default and self-select funds be the same as those offered by ERP?

A. Default funds will have a lower AMC. Self-select funds will be generally lower.

Note: It is expected that for the Smart Pension default fund the AMC will be 0.25%pa compared to the ERP AMC of 0.31%. We are also advised that there will be no charges placed on members as a result of them

transferring to Smart Pension. Currently 93% of ERP members are in the default fund.

Q. Will employers offer the same level of Life Cover under Smart Pensions?

A. ERP does not include life cover. Life cover is a totally separate benefit and there is no reason for any existing life cover arrangements to change.

Note: Participating employers pay for the life cover via an insurance premium.

Q. Will Smart be offering some sort of digital platform for members to view their retirement savings and make changes to their account etc?

A. Yes. Smart is a fintech company and technology for members, and employers, can be expected to be of a high standard.

We have been informed that Smart Pensions are keen to engage and support the Maritime industry to ensure that members receive the best outcomes at retirement. This, we are advised, is reflected in the lower than usual AMC of 0.25%, which is 20% lower than the AMC currently offered

under the ERP default investment strategy.

Those shipping and port employers who participate in ERP had until 25th November 2022 to opt-out moving to Smart Pension and offer an alternative arrangement to their employees. We are advised that no employers have opted out and therefore will join Smart Pension sometime in 2023.

Current ERP contributing members will move to Smart Pension unless they inform the administrator of the Plan, Aegon, before 23 December 2022.

ERP members retirement savings will continue to be invested and held securely as normal but in due course, these will be transferred to Smart Pension or if members choose a different scheme they will be transferred to the scheme of their choice.

If members have questions about the transfer, they can contact Aegon by email at my.pension@aegon.co.uk or by telephone at 01733 353495

RMT is not regulated to give financial advice to members but if members need such advice, we recommend they seek independent financial advice. Such advice can be sourced by visiting unbiased.co.uk government website.

Calling women members!

EMPOWERMENT COURSE FOR WOMEN

If you wish to understand how the union works and where you fit in – we have a two day to learn about the structure of the union and how policy is made. The course includes how to write and present resolutions.

Dates: Mon 3 – Tues 4 April and Tues 2 – Wed 3 May

Venue: RMT Education Centre in Doncaster

WOMEN’S CONFERENCE

If you would like to meet other women in the union and take part in the women’s conference this year’s details are:

Date: Fri 3 – Sat 4 March 2023

Start: 14.00 on 3 March

Venue: Discovery Museum, Newcastle upon Tyne NE1 4JA

For both activities, contact your Branch Secretary as the Branch will need to nominate you to attend either event. If you have any queries about women’s events, please get in touch with our Equal Opportunities Officer, Jess Webb j.webb@rmt.org.uk

It’s more important than ever to keep your contact details UP-TO-DATE!

All RMT members need to ensure that if you change employer, change job title, change mobile numbers, change your email address etc. you MUST INFORM HEAD OFFICE. If we don’t have your correct details on file then we will be ineffective in our communication to you.

If you do not receive texts from RMT – we may not have your correct mobile number. If you do not receive RMT News at home – we do not have your correct home address. If you do not receive emails from RMT – we do not have your correct email address.

3763706, use the app or log on to the website to update your personal details.

FREEPORTS UPDATE by

DAN CRIMES, National policy department

Over £175m of public funding for eight Freeport sites in England was announced by the Tory Government in March 2021, in the Solent, Plymouth, Liverpool, Teesside, Humber, Felixstowe & Harwich, the Thames and East Midlands Airport.

Nearly two years on, this neoliberal policy is still ‘under development’ despite claims that 175,000 jobs would be created and RMT members working in Harwich, Birkenhead and on the Solent have heard next to nothing from employers.

Freeports will not create jobs but simply displace jobs from other parts of the country, despite large scale tax relief and deregulation to attract multi-national employers at the expense of workers and the national economy. The union has raised this and other concerns in discussions with other unions through the TUC and there is general consensus that we need protections for workers and local communities from these potentially dangerous new entities.

The secretive nature of contracts handed out within Freeports are a real concern and the Tees Freeport, the flagship for the Tories, is already mired in accusations of financial sleaze and environmental pollution.

And whilst private sector companies across the world are circling Freeports for low tax, de-regulated opportunities, local councils must approve any of these bids and have a key governance role to play.

The SNP Government in Scotland has made some superficial variations to the model in England. Earlier this month, the winning bids for ‘Green Freeports’ were announced, at Inverness & Cromarty Firth and Forth Ports (covering Grangemouth, Rosyth, Leith and Edinburgh airport). RMT members working for Forth Ports and Targe Towing are affected by this. The Green Freeports announcement was made to coincide with Rishi Sunak’s first visit to Scotland since being elected Prime Minister by Tory party members.

In Wales, the Tory Government took longer to agree the £25m

seed funding with the Labour administration. The winning bid will be announced in Wales in the summer. The main bids are from Holyhead, Milford Haven and PD Ports (Newport, Cardiff & Port Talbot). The Holyhead bid, being led by Stena is of major significance to RMT members and we are seeking discussions with Stena Ports and Stena Line over the impact on members in the port and on the Stena Line services operating to Dublin.

The Wales Government’s proposals include a requirement to set up a Workers Consultative Forum. We don’t support social partnership but we could use a Forum like this to break open anti-trade union employers in our sectors, such as Irish Ferries.

In Northern Ireland, the Tories are still aiming to create a Freeport but the paralysis that has gripped the Assembly and power sharing agreements in recent years have blocked further developments.

The extreme deregulated, low tax and secretive Freeports model, cooked up by Rishi Sunak, Liz Truss and right wing think tank the Centre for Policy Studies, is a means of handing taxpayer subsidy and strategic control over our sea ports to the likes of DP World, with grand standing promises of job creation in deprived, predominantly working class communities. Freeports are, essentially, a cynical political con.

Your union opposes Freeports, as we do privatisation across the transport and energy sectors. Where Freeports or Green Freeports are created, we will fight tooth and nail with other unions, TUC, STUC and Wales TUC to ensure stronger protections for organised workers’ rights and safety, and no reduction in environmental protections.

The NEC has instructed the General Secretary, Mick Lynch to take the next steps in the fight against low tax, deregulation and unsafe jobs in Freeports. RMT port workers will be at the forefront of these actions, and this includes port workers at Heysham and elsewhere who are covered by RMT agreements outside Freeports.

Freeports are, essentially, a cynical political con

Muskoskeletal disorders in ports?

Port workers carry out a number of activities which, if not properly managed, may lead to a variety of ‘musculoskeletal disorders’ (MSDs).

These include back pain and muscle injuries, and are often the result of poor handling techniques or tasks involving repetitive movements and/or excessive force.

Injuries can also be caused by the vibration created by some vehicles – this is known as whole-body vibration. Some people may not fully recover from MSDs and they can greatly affect your quality of life.

Where MSD hazards can be found in ports

■ Manual manoeuvring of lifting gear and attachments or slung loads.

■ Handling of twist locks and unlocking poles.

■ Lifting/manoeuvring of lashing bars.

■ Breaking out pre-packed or palleted loads.

■ Storage and warehousing activities.

■ Hauling mooring ropes off large ships.

■ Vibration transmitted through the seat or feet of employees who drive mobile machines, such as ro-ro tugs and other similar vehicles, over uneven ground or on rails.

How you can reduce MSD risks

For manual handling:

■ Use mechanical aids such as motorised winches for hauling mooring ropes of large ships, vehicle-mounted hydraulic hoists, portable roller conveyors, pallet trucks, scissor lifts and customised trolleys.

■ Consider whether a load can be changed to make it easier to carry, for example smaller packages, providing handles or hand-holds.

■ Adopt safe lifting techniques. For whole-body vibration

■ Use appropriate machinery for the job.

■ Maintain plant and equipment, eg container cranes and rubber-tyred gantry cranes. Maintenance should include seats, suspension and visibility through windows.

■ Maintain roadways, quays, container park surfaces and rails.

■ Take account of vibration information when buying or hiring equipment.

■ Provide drivers with information on how to reduce risks to their health.

Which laws apply?

■ Manual Handling Operations Regulations 1992 (as amended)

■ Control of Vibration at Work Regulations 2005

The above information is extracted from HSE publication ‘A quick guide to health and safety in ports’ which is available from HSE website or from our Health and Safety department healthandsafety@rmt.org.uk

Do you or any of your colleagues experience any symptoms? Have you raised this with your employer? Get in contact with your union if you would like more information on this serious matter.

Get active. Get involved... GET IN TOUCH!

If you would like more information, would like to become more involved in union activities or you have an opinion on any of the issues raised within this newsletter, please get in contact with your local rep, branch secretary or regional organiser. If you are unsure of the contact details of your representatives then please contact the union on 0800 376 3706 or info@rmt.org.uk

Cancer – a workplace guide

RMT has created a publication that offers workplace guidance around Cancer, an insight into statistics, case studies, explanatory notes and identifies where further information can be found on this sensitive issue. If you would like copies sent to your vessel or branch then please get in contact and we will ensure these are distributed accordingly.

Risk assessments

As a union we are keen to know what level of involvement our members have when risk assessments are taking place within your workplace. We have seen too many occurrences in ports around the UK, particularly with deaths in the Irish Sea ports and we need to ensure that where we have recognition in ports we are driving an agenda for greater workforce engagement on health, safety and welfare matters. All too often we hear stories of an individual manager taking it upon themselves to carry out a risk assessment without input from those who it affects in the port. Risk assessments are there to control the risks and employees input is essential. Without your input, the input of the local health and safety representative and an approach that bypasses those working in the port for views there will be little or no impact other than to put a tick in a box.

When it comes to health and safety we should be taking an approach to improve the health and safety culture in every port for the better.

For more information on risk assessments get in contact with Jonathan Havard in our Health and Safety department (j.havard@rmt.org.uk) or your respective lead officer or regional office.

Potential members

It is the responsibility of every member within your workplace to encourage any individual who is not currently a member of RMT to join your trade union.

At a time when all port workers are struggling with the current cost of living crisis it is essential that we have maximum membership numbers within your port.

If you are aware of potential members on your shift, speak to them and explain why it is important to protect each other and be a part of the collective voice.

Port worker – Maritime grade or General grade?

Within RMT members are categorised into two main grades, General grades and Maritime grades. Within Maritime there are 16 branches and within General grades there are 200+ branches. Why is this important, and what is the difference?

The majority of port workers are organised by ‘general grades’ branches due to their workplace originating from a British Rail background. This is something that is currently being discussed as part of a wider discussion on Maritime organising. There are some current anomalies whereby workers within the same workplace are in different branches, some in the local Maritime branch and some in the local General grades branch.

If you, your colleagues or your branch have an opinion on this you should seek to discuss this within your workplace, with your branch officials, your National Executive Committee member, your regional organiser or your lead officer.

Victory for dockers jobs and seafarer safety in Dutch ports

Unions have secured an important victory in the campaign for seafarers’ safety in July 2022 as a Dutch court has ruled that ship managers, ship owners and charterers must honour a clause that prevents seafarers from being assigned dangerous lashing work where professional dock workers are available.

In 2020, the ITF, FNV Havens and Nautilus NL took the case against Marlow Cyprus, Marlow Netherlands and Expert Shipping over their refusal to adhere to the Non-Seafarers’ Work Clause to court in the Netherlands. The companies signed up to the agreement in 2018 and the clause came into force two years later.

The ruling from the Rotterdam District Court means that the companies who employ seafarers on shipowners’ behalf, must ensure that cargo handling must be performed by trained local dock workers where possible, and not given to seafarers as an additional responsibility.

The decision means greater safety for seafarers and also secures jobs for dockers.

The court emphasised the importance of the proper implementation of agreements reached through social dialogue and the binding nature of such agreements. It also

reaffirmed the ‘Albany exemption’ which provides that collective bargaining agreements are exempt from certain requirements of EU competition law.

“The court makes clear that the parties are bound to the terms of the agreement. Given the weight attached to social dialogue within the European Union, and in the principle statements of companies – it is of paramount importance that they follow through. That starts with employers doing what they say they will,” said ITF President and Dockers’ Section Chair, Paddy Crumlin.

“Employers like those we’ve won this important case against, have been reminded this week by the court about what it actually means to be a social partner. It means doing what you say you’ll do. It means keeping your word.

ITF President and Dockers’ Section Chair, Paddy Crumlin

Seafarers, dockers and our unions have upheld our parts of the agreement, which has delivered these companies stable profits. This case is a big step forward in our campaign, but we won’t be happy until we get all charterers to respect the clause.

Now, it is time for these employers, particularly short sea shipping charterers, to return to true social dialogue and restore good faith with unions, this must include working with shipowners to implement the Non-Seafarers’ Work Clause.

Our industry has important issues to tackle together, and we will continue to be part of the IBF process that has improved wages and working conditions for seafarers for almost 20 years,” said Crumlin.

ITF Dockers’ Section vicechair Niek Stam, who is also the leader of Dutch dockers’ union FNV Havens, said the ruling was both a victory for seafarers’ safety and for dockers’ jobs.

“Those who don't fight will never win. This is the only logical outcome of the lawsuit. Otherwise a signature would no longer be worth anything. A deal is a deal,” said Stam.

“Lashing can be extremely unsafe for seafarers, who are often untrained in port operations, such as the dangers of moving cranes. Automated terminals and supply chain

pressures have further increased these dangers to ships’ crew,” he said.

ETF General Secretary Livia Spera said, “This ruling makes clear to shipowners and others that it is a legal requirement to honour the terms of a collective bargaining agreement. This is the result of years of hard work from the union side and this verdict represents a victory for both seafarers and dockers. It is about the safety of our transport workers, it is about the obligation of the charterers to use the specialised workforce of dockers, and to not exploit seafarers’ safety in this way.”

Key findings of the case:

■ The clause serves the safety of seafarers. Any secondary effects (such as protecting dockers’ jobs) are not relevant

■ Solidarity between dockers and seafarers is not undesirable

■ Marlow must ensure that the clause is respected and adhered to by charterers

■ The importance of social dialogue is repeatedly highlighted and the need for agreements to be honoured

Membership benefits

As a member of RMT there are many individual benefits that you can access outside of the expected workplace representation in which most members join the union for.

For more information please scan the code below for the full list of benefits, applicable forms and supplementary information.

EFT General Secretary, Livia Spera

IFT Dockers’ Section vice-chair, Niek Stam