The reason for this decision is that it had become clear that there appeared to be a significant problem that, as a result of a systems failure with membership records, the union ran a risk of disenfranchising parts of the electorate. The HEC was of the view that this was too important an issue simply to be overlooked, and that the safest way to proceed was to suspend the ballot, and run it as part of a major campaign centred on the defence of education, its funding and therefore of maintaining jobs in the sector, including an appropriate pay settlement for 2009-10.
It is worth noting that the UCU was being threatened by 78 employers with legal action for breach of the anti-union laws, concerning notification and identity and location of members in the ballot. However, no such injunctions had eventuated: this was no more than a threat of a threat. Simultaneously, the UCEA had offered to meet the UCU in talks at ACAS, as part of the agreed disputes procedure.
The HEC was adamant and unanimous in the view that the threat of injunctions based on the anti-trade union legislation was not, and would not be sufficient ground for suspending this, or any other, ballot. It would not suspend a ballot on the basis of the threat of an injunction or any threat of a legal suit, nor would it accept that an agreement to meet for talks under the auspices of ACAS would constitute a reason to suspend a ballot for industrial action or any consequent industrial action. Talks under the auspices of ACAS represent a useful mechanism for dispute resolution under the provisions of JNCHES. They are not, however, an alternative to a dispute resolved under the democratic structures of the UCU.
The HEC is, however, persuaded of the need for unity in its current campaign. It is concerned that any significant problem with membership records and the implications for disenfranchisement would not only threaten the legitimacy of the action for those able to vote as well as those unable to express a view, whatever it may be. It would also provide the employers, and their organisation, the UCEA, with significant propaganda against the UCU, now and over the summer months. This is a weapon that the employers could be confidently expected to use to forment discontent beyond our membership. Including students, non-UCU staff, and the public. HEC agreed, therefore, to re-run the ballot in the autumn.
This is an unfortunate situation but one that will soon be rectified, particularly with the introduction of the new membership database towards the end of the year. The problem lies primarily with challenges of merging the membership systems of the UCU’s predecessor unions; certainly no blame is imputed and the union’s staff are congratulated on their tireless endeavours in difficult circumstances.
This postponement of the ballot affords a significant opportunity for the UCU to build on joint working – a significant achievement - with the other unions in the sector, and to consolidate a common strategy for the Autumn. It is an opportunity to build the UCU’s campaign for a national job security agreement and an appropriate pay settlement into a wider defence for the right to higher education, properly financed, and against destructive spending cuts and youth unemployment at a time of recession. This will continue during the summer months, and into the autumn term, leading to a ballot in which we all can be confident.
UCU Left HEC members
HEC Motion - Unanimously Passed at special HEC (read here).
UCU Left - Why we say 'YES' for Industrial Action (read here)
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