In-person Congress returns: democracy, debate and catharsis

For the first time since 2019, UCU came together in-person, in its annual Congress: a three-day union policy conference with delegates from every branch. The meeting included two days of general union policy-making, ‘Congress’, and one day of sector conferences where motions about industrial policy would be heard.

The fact that Congress met in-person after such a period of time is remarkable. Many delegates who attended had not been before. In the dark days of lockdown, many old hands would be forgiven for expecting that a return to an in-person Congress would not be possible. Although we have seen a flourishing of online meetings and conferences since 2020, the return of an in-person conference therefore represented new opportunities and challenges for delegates.

There were sharp disagreements which were generally handled well, but there was also a very large amount of unity across Congress delegates.

Further Education Sector Conference

On Sunday, the Further Education Sector Conference heard the Head of FE launch the campaign in preparation of ballots in the new academic term involving at least 150 branches. He said this would be the biggest and the best resourced campaign that FE had ever seen. 

Delegates voted to outline how the already agreed nationally-coordinated campaign over pay, workload and an England-wide binding bargaining agreement should be conducted. 

They supported calls for a demonstration in London on one of the first days of strike action, an England-wide strike committee, and to prepare for an aggregated ballot of all FE branches from January if the coordinated campaign had not succeeded in moving the employers. 

Delegates also supported a raft of other important motions on maternity/paternity rights, parity with sixth form colleges, the impact of the cost of living crisis on Black members’ mental health, which resolved to campaign for the government to publish data on the disproportionate impact it has had on Black people, and motions in support of trans and non binary people in FE.

The Yorkshire and Humberside motion on attendance monitoring in colleges was well supported after delegates explained the corrosive impact on staff and students on punitive attendance chasing policies, which are rife within the sector.

A late motion brought by Trafford college on the negative impact of Ofsted in the wake of the tragic death of Ruth Perry was unanimously supported.

Higher Education Sector Conference

Meanwhile at the Higher Education Sector Conference, delegates voted for a long reballot over the summer in both the Four Fights and USS disputes. Our existing mandate runs out in September and without the ability to threaten further action in the autumn term the employers will be tempted to harden their stance against the MAB and may renege on promises on pensions. 

HE delegates also voted to encourage branches to call strike committees if they had not done so already, and to call a national strike committee in HE disputes. Such a committee would have a coordinating role to ‘increase members’ involvement and participation in building disputes and [shape] their direction.’ Delegates should be elected from every striking (or MABbing) branch and meet regularly while action is being taken. (The meeting would be advisory, but they should be run by union members rather than officials. A rule change motion which would have created rules and standing orders for a national strike/‘dispute’ committee with decision-making powers was not heard on Saturday due to lack of time.)

The responsibility for calling a national strike committee now falls to the incoming President. Given that the UK-wide MAB is now at an acute point, one should be called urgently in the Four Fights dispute.

Motions calling for further exploration of Conditional Indexation in USS and a ‘student distribution system’ were also passed. UCU Left opposed CI because it risks becoming a way that USS reintroduces stock market uncertainty into members’ pensions just as we are close to a victory. 

We also questioned the wisdom of focusing on balancing student numbers rather than opposing the entire market system, in which Universities UK is lobbying for £12K undergraduate fees in England and next year’s undergraduates are signed up to 40 year RPI-based loans. This is not opposition in principle but concerns the practical implications of such a stance. The risk is that this opens the door to advocates of high tuition fees, dividing members and branches, and staff from students and parents. The motion called for both exploration of student redistribution models and the immediate advocacy of the idea – which seems premature!

Accountability of the General Secretary

One of the most difficult debates also relates to democracy.

On Saturday, Congress voted to censure the General Secretary over her role in the HE dispute. (Censure means formally criticise.) A motion of ‘no confidence’, which is more serious, fell by only 27 votes. Before Congress met, eleven HE branches had submitted motions of either censure or no confidence.

Delegates criticised the continual undermining of the HE disputes through pausing strikes at key moments, ignoring HEC decisions and blocking democratically elected national negotiators from key decisions.

FE delegates shared these concerns. As one put it, ‘We in FE are heading into a dispute on a national level next year. We do not want a long-drawn-out dispute which is paused at key moments when we should be escalating to win.’ 

The General Secretary was allowed a 15-minute right to reply after the debate but before the voting took place. She admitted mistakes had been made and spoke about how we need unity if the union is to move forward to beat the employers. 

At the end of the debate, Congress voted to censure her. The fact that the ‘no confidence’ motion fell indicates that delegates were prepared to give the General Secretary a chance to rectify the way she has handled the disputes. 

Congress has made a decision. It is not one that UCU Left agrees with, but we need to draw a line under this debate and move on to winning the ballots in FE, and pursuing the MAB. We will also need to reballot in HE to maintain our mandate. This raises the prospect that we could see a united post-16 strike over pay and conditions in the autumn. 

But on her part the General Secretary must make good on her promise to learn from the mistakes that have been made. Any recurrence of attempts to undermine democratic decisions will lead to members calling our elected leadership to account again.

Worryingly, on the last day of Congress the outgoing President said that some of the speeches in Saturday’s debate had been misogynistic, i.e., sexist and abusive. This is a surprising claim, firstly because the debate was witnessed by over 300 members, and secondly because if the chair (the President) felt this, she should have intervened at the time! In fact, the debate was characterised by a high level of care by all delegates. Delegates were very careful to focus on the actions of the General Secretary rather than making remarks directed to her personally. 

The debate is not about personalities, but who controls the disputes. Members are putting themselves on the line when they strike or MAB, and they expect their union leadership not to leave them high and dry. 

The best solution is to organise. Members in disputes need to continue to strengthen union democracy, and in particular to organise real, functioning strike committees – regular decision-making meetings open to every striker or MABber – in every institution participating in the dispute. 

What kind of democracy do we need?

The other big debate about democracy, which was reflected in both the HE Conference and the full Congress, concerned e-ballots versus deliberative democracy. 

Some delegates argued that electronic surveys and polls reached more members than branch meetings or strike committees, and therefore were either superior, or should be used in addition to other forms of decision-making. These arguments were voted down, primarily because delegates have witnessed how such e-polls can be misused in the HE disputes. If they run in parallel with branch meetings, how do you integrate possibly different results? If they run as a separate step, do they lead to delay and inaction?

Changes to union rules

Congress 2022 last year had established a committee to review Rule 13, the UCU procedure for dealing with complaints against union members, in response to concerns about the fairness of the procedure. This year, Congress voted to bring in a new procedure, which establishes a new body, the Conduct of Members Committee, to deal with these complaints. This body will be comprised of members elected by Congress, increasing lay member involvement in internal processes that were previously highly centralised. Congress’s wish to democratise union procedures should be seen as part of a more general will to improve democracy and accountability within our union, also seen, for example, in motions such as those to establish strike committees. 

UCU Left supported the proposals from the Rule 13 Commission and opposed an Open University amendment, which was passed, which established a different panel for gender-based violence and bullying which would have only a single UCU member and two external members ‘qualified in survivor-centred complaint investigation and resolution.’ We consider that these are very serious issues, but opposed the creation of a separate procedure. We also believe that UCU needs to be accountable for the behaviour of its members and take responsibility for sanctioning them when required.

Having a separate procedure for gender-based violence raises the issue of separate procedures for racially-motivated violence, and violence against disabled and LGBT+ people. It is also not clear whether any citation of bullying in a complaint would cause this alternative procedure to be selected. This is a debate we will have to return to.

In an historic vote, Congress also agreed to rule changes that permit postgraduate research students (‘PGRs’) to become UCU members on an equal basis to staff, even if they were not employed at the time. Although delegates were made aware of some issues of implementation – primarily, access to legal support and industrial action ballots (like retired members, student members can’t lawfully vote in statutory ballots) – these were not considered insurmountable, and the principle of inclusion was paramount.

Another rule change clarified the role of national negotiators and their reporting responsibilities.

International motions

After a thorough debate, delegates voted for two motions on Ukraine. Both motions took a clear position of opposition to the Russian invasion, demanded Russian troops leave, condemned all manifestations of imperialism, and called for peace. The first motion called for the British government to stop sending arms to Ukraine, opposed NATO expansionism and called on UCU to support demonstrations called by the Stop the War Coalition and CND. The second motion called for UCU to campaign for safe routes for all refugees and asylum speakers, for the cancellation of Ukraine’s national debt, and tasked the UCU with developing programmes of practical solidarity work.

Congress was persuaded by those who argued that the war was escalating in violence and weaponry, with an arms race of ever more high-tech weapons being deployed on both sides, risking prolonging the war, killing tens of thousands of working-class Ukrainians and Russian soldiers, and increasing the likelihood of a nuclear conflagration. 

Congress also voted to support the ‘Right to Boycott’ campaign, a new campaign being set up to oppose Government plans to make Boycott Divestment and Sanctions policies of public bodies illegal. Already this topic has caused the union to become legally defensive, despite the union winning the famous Fraser vs. UCU legal case. Congress voted to reinstate, and then support, an amendment to the motion which reminded members of existing policy towards academic boycott of Israeli institutions and their academic freedom right to decide who to collaborate with.

Along with other motions in support of the Palestinian struggle and in solidarity with the people of Sudan, these motions were overwhelmingly supported.

Equality

In a series of debates, Congress reaffirmed its commitment to trans and non-binary solidarity and LGBT+ rights. It also took forward proposals on sex workers’ rights, and sexual and gender based violence training, including in the internal UCU complaints procedure. A range of motions on disability advocacy and support were passed, including supporting disabled students and campaigning against Cost of Living and cuts in disability entitlements. 

A motion on reparations for slavery that had fallen off the agenda last year was brought forward in the agenda and supported overwhelmingly.

Finally UCU voted to campaign against the various new far right extremist groups who have been given a platform to attack refugees by the Government’s brazen scapegoating. 

Solidarity with UEA and Brighton branches

Congress unanimously passed motions of solidarity with two branches suffering serious redundancy threats at the moment – University of East Anglia and University of Brighton.

Delegates heard that the attack at Brighton University, involving the threat to over 100 academic jobs, was also a deliberate assault on the UCU branch there with the aim of driving through further changes in breach of the post-92 national contract. Four members of the branch committee are on the ‘at risk’ list, including the Chair, who was also recently re-elected to the union’s NEC. 

Congress agreed that the struggle at Brighton should be declared ‘a local dispute of national significance’ and the branch should be provided with the resources it needs to resist this serious attack.

Branches in London and the South East, and some from further afield, committed to sending delegations with their branch banners to the ‘Save Brighton University – No to mass redundancies’ demonstration called by Brighton UCU for Saturday 10th June.

Democracy Now! How can members control our disputes?

The issue of union democracy has again become important in the context of UCU’s higher education disputes.

Many members are wondering how the Higher Education Committee (HEC) could blatantly ignore the views expressed at the previous Branch Delegate Meeting (BDM) when they took decisions about our forthcoming industrial action.

No delegate argued for decoupling the two disputes, and no delegate made the case for rolling regional one-day strikes. And yet that is what HEC voted for.

Fury at this democratic deficit has led to branches passing motions for an emergency Special HE Sector Conference and to a demand for a further Branch Delegate Meeting, with voting powers, before the next HEC meeting.

Democracy is the life-blood

Democracy is central to fighting industrial disputes effectively. This is because unlike an army, those making sacrifices to fight cannot simply be ordered around. Union members need to feel that we have a stake in the battle and a say in how it is conducted. If members believe that the strategy will be ineffective, or that their leaders will settle for less than they should, support for the dispute will quickly erode.

Democratic involvement is not an optional extra. It is essential to being able to win.

The last time a row about democracy exploded in UCU was in the USS dispute in 2018. The famous #NoCapitulation revolt by members stopped the the then General Secretary signing a shoddy deal. To avoid motions critical of the GS being debated at Congress later that year, the leadership unplugged the microphones and turned out the lights. Congress ended early, but not before it had set up a Democracy Commission comprising elected union members to propose ways to enhance democracy in the union.

Dispute committees

One of the proposals drawn up by the Democracy Commission was for dispute committees to be set up in every dispute, composed of delegates from each of the branches involved. The dispute committee would debate the strategy and tactics of the dispute and no decision about the conduct of the dispute could be taken without its approval. Dispute committees would ensure that control of disputes was in the hands of the members fighting them and prevent settlements that the majority of branches opposed.

Unfortunately, at the Democracy Congress in December 2019, this proposal narrowly failed to gain the two-thirds majority required to bring it in. Opponents argued that it undermined the authority of the HEC and the Further Education Committee (FEC) — which was precisely the point — and that holding such meetings would be impractical and expensive. The pandemic has taught us otherwise.

Nevertheless, it is already constitutionally the case that the National Executive Committee’s (NEC) role is to enact the policy set by members, not to determine it. What mechanisms do we have to ensure that it, and its two subcommittees, HEC and FEC, behave democratically? Continue reading “Democracy Now! How can members control our disputes?”

Democracy Congress – Two steps forward, one step back?

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Saturday’s Democracy Congress saw a mobilisation by the right-wing ‘Independent Broad Left’ (IBL) to block rule changes proposed by the UCU’s Democracy Commission intended to improve accountability of the union’s leadership.

The Democracy Commission – and this Congress – were called to address the causes of the crisis in the union that was triggered in the 2018 USS strike, when first, the will of branch delegates was ignored by the union’s Higher Education Committee (then-IBL-dominated) and by the then-General Secretary Sally Hunt. Infamously, criticism of the General Secretary at Congress was averted by a walkout of officials.

Two key questions arising from this crisis remain unresolved:

  • can a sitting General Secretary be removed promptly by members when they act contrary to their interests (i.e. how are they accountable to members)? and
  • by what democratic mechanism may multi-institution strikes be run, on a day-to-day basis, by striking members themselves?

Democracy and accountability will become obvious and dominant questions as members in HE in particular take further strike action in the new year. First, our members need to have confidence that their General Secretary will negotiate hard from a position of knowing she is accountable to active striking members. Second, members themselves must be able to make important decisions to coordinate and focus strike action effectively.

Indeed the day before the Democracy Congress, a special Higher Education Sector Conference, led by striking branches themselves, took bold steps to plan escalating action for the Spring and Summer Terms.

A majority, but rarely two-thirds

Although nearly all of the proposals were supported by a majority of delegates, very few achieved the two-thirds majority they required for rule changes to bring them into effect.

A procedure regulating how Congress can be curtailed and a three-term limit for General Secretaries were agreed, but important measures to enhance members’ control over the leadership by creating elected Deputy General Secretary posts, and allowing branches or regions to trigger an investigation of the actions of the General Secretary, did not get the necessary majority. Also shelved was a proposal to put strikers in control of their disputes through the creation of multi-institution Dispute Committees made up of striking branches and those in dispute.

This was a setback for anyone who invested in the Democracy Commission when it was established in response to the shut-down of the 2018 Congress. It was clear from the outset that the IBL had mobilised heavily for this Congress, and used their votes consistently against every change designed to give members more control over the decision-making structures of the union and those who make them. This faction of the UCU is opposed to a member-led union and is committed to blocking changes to the existing structures and procedures which would give members more control.

Although they have been routed in the big HE pre-92 branches – which is why Manchester, Oxford, and Cambridge have grown, democratised and got over 50% in the last HE ballots – the IBL still have influence elsewhere. The title of their handout ‘UCU Agenda’ (UCU Bureaucratic Control) could not be more apposite.

With left activists in many branches busy mobilising for a Labour vote in the General Election, many did not send delegates. Compared to a Labour victory, this Congress might not have seemed important. But in 2018 we learned the hard way that structures and accountability matter immensely.

Other delegates who voted with the IBL against some of the proposals may have believed that since we now have a new rank-and-file General Secretary, the changes proposed by the Democracy Commission were unnecessary. It is true that Jo Grady has shown exemplary support for members when they want to fight. She put her shoulder behind the HE balloting effort and spent the eight days of strikes touring the country visiting picket lines and speaking at rallies.

It is also the case that compared to two years ago we now have a left-led HEC (with a large number of UCU Left members and supporters elected) which is more committed to action by members and has consistently put forward a strategy that can win.

Democracy and accountability for the future

#NoCapitulationHowever, the potential for a split between a full-time leadership and ordinary union members remains. This is not about individual personalities. Anyone who is in an elected position and has led strikes knows the pressure they are under to resolve a dispute. This pressure is even more powerful in the case of a national dispute. There is also pressure from unelected full-time officials whose focus on finding ‘exit’ strategies can often lead to outcomes short of what continued action can achieve.

These pressures can only get stronger as the current HE disputes escalate. There is only one force capable of stopping a repeat of 2018 and a compromise deal far short of what is possible – the active, mobilised membership. This is why it was a serious mistake to for some who quite rightly were angered about the outcome of the USS dispute two years ago to oppose the proposal for setting up multi-institution strike or dispute committees. We need structures which ensure that it is always the members who are taking action, picketing and losing money – not standing committees or Carlow Street – who can take the crucial decisions on the direction of their dispute. This happens in practice at a local level – but strikes at a national level are currently handed over to HEC, FEC and the officials.

Nevertheless, healthy democracy is not conjured up by perfect rules and structures. A democratic deficit will not be corrected by technical fixes. As last year’s events around the USS dispute showed, the desire for greater democratic control over the union arises out of members’ activity. So while rule changes that enhance members’ control over the union are important, it is ultimately the level of membership involvement in the union’s struggles that really counts.

There was hardly any mention of the current USS and Four Fights disputes at Saturday’s Congress, although this dispute had been discussed at length the previous day. But the question of democracy cannot be separated from the battles in which we are currently engaged. During the eight days of strike action in HE, many branches had regular open strike committee meetings (sometimes called “strike assemblies”) to discuss and plan their action. It is through such mechanisms that the ideas and creativity of members to solve problems, plan initiatives and make their action more effective come to the fore.

But it is also those meetings that allow members and reps to evaluate the potential for further action. Thus it was strike meetings at UCL, Liverpool and Dundee that debated motions about strike days which were then formally voted on by branch committees and proposed to Friday’s HE sector conference as amendments. Already we are seeing a nascent member-led democracy in the disputes, pushing existing structures into action.

Existing structures and moving forward

UCL Strike CommitteeWhat are the existing mechanisms for members to assert democratic control in disputes? They depend on the calling of a special Sector Conference like the USS HE Sector Conference (HESC) on Friday. Calling such conferences is slow, and conferences are expensive. A multi-institution strike committee could be much more flexible, quickly called and streamlined to key questions not lengthy motions.

An obvious question concerns who gets to vote. According to convention, striking post-92 branch reps were not supposed to vote on Friday, because the HESC was called over the USS disputes. However, on many issues, like the calling of further action, it is obviously reasonable for post-92 reps to have a vote. This is because the union is committed to joint action, and therefore post-92 reps with ballot mandates would reasonably expect to take the action voted on! Meanwhile, at that same meeting, branch reps in USS branches that were neither reballoting nor striking were allowed to have a vote! There is a mismatch between striking branches and the democratic delegate structures.

This is not an HE-only problem. The same issue would apply to the Further Education strikes of 2018, when some branches were striking but others not. Our democratic structures are imperfect, but we need to use them.

But we cannot afford to wait for formal structures to be set up. We will need to create our own rank-and-file delegate body to link up local strike committees if we are to win the HE disputes. If we cannot do this through official means, we must create our own unofficial, mechanisms. The moral authority of strikers is not to be ignored, as the #NoCapitulation moment identified. Woe betide any HEC member or General Secretary who refuses to accept the will of mobilised strikers! So if we cannot make our reps accountable in rule, let us make them accountable in practice!

So the outcome of the Democracy Conference is: we need more democracy! In Higher Education, striking members and those reballoting need to get organised.

First, colleagues will need to work hard to win the next round of reballots in HE branches. Solidarity, twinning and branch-to-branch support across regions are crucial to getting the vote out.

Second, in early February we will know the outcome of the reballots and we need a national strike coordinating meeting. We can plan creatively towards fostering joint collective organising, from branch-to-branch Skype linkups to joint physical meetings in cities during the next round of strikes.

Margot Hill (Croydon College)
London Region Secretary
– standing for UCU Vice President

Brief report from the UCU Higher Education Sector Conference on USS, Manchester 21 June

This sector conference was called after at least 28 branches passed motions requisitioning a special meeting (20 branches’ motions were officially accepted). This is nearly half the branches involved in the USS dispute.

The original aim of the conference call was to pin down the Joint Expert Panel (JEP) and ensure that it was, in a real sense, transparent and accountable to members.

However due to the delay in accepting that the 20-branch threshold had been passed at UCU head office, the meeting eventually took place on 21 June, three weeks after UCU’s “ordinary” sector conference at Congress. Nonetheless the meeting was packed out by delegates from across the country. The same spirit that took the union through 14 days of strike action was evident in the room.

Disturbingly, a set of motions on JEP transparency (and in particular demanding UCU panel members do not sign non-disclosure agreements, or “NDAs”) were ruled out of order because “the decision had been made by members in the ballot”. Yet confidentiality was not even mentioned in Sally Hunt’s lengthy UCU ballot letters asking members to vote Yes. Sector Conference voted to overturn CBC and hear those motions, most of which were passed.

In addition to demanding JEP transparency, the conference also demanded answers from the JEP. The conference passed motions to demand that the JEP model alternative valuations relaxing the various constraints that USS had imposed (the infamous ‘Test 1’ and ‘de-risking’ among them) to publish the results, and to publish any additional assumptions. Similarly a motion from Warwick listed questions that the JEP needed to answer.

Sector Conference voted against any consideration of ‘Collective Defined Contribution’ schemes either by negotiators or by the JEP. These are Defined Contribution schemes available in other countries but where the investment risk is shared by all scheme members. Like individual DC schemes they still involve the transfer of risk to pensioners. Currently in the UK there is no legal framework for these schemes. For both these reasons UCU should not pursue them.

Other motions passed included planning bi-annual delegate meetings to review JEP progress at sector conferences during the dispute (with a consultative ballot of members to relaunch a dispute triggered if progress was deemed inadequate or problematic), and further refining the terms of reference of the USS Dispute Committee (essentially, the same principle).

Notably, UCU agreed a carefully-worded motion from Brighton that allowed branches in post-92 universities with USS members to have a say and involvement in campaigning over USS. The current voting policy (‘convention’) of pre-92 university delegates voting in a USS dispute with Universities UK is maintained, but the motion encouraged ways for UCU to consult with members through other means. Following intervention from the floor, and in an important moment of unity, both pre- and post-92 delegates were allowed to vote on this motion.

There was some considerable discontent that only 2.5 hours had been allocated for the event, to which 27 motions had been submitted. Inevitably, five motions fell off the agenda due to time constraints. These were all remitted to the HEC.*

This meeting built on the successful Sector Conference at Congress and further strengthened union members’ ability to hold the JEP and our negotiators to account while they make crucial decisions which will determine the future of our pensions. The stakes could not be higher and delegates recognised the seriousness of the task ahead.

The situation could not be clearer. If the JEP is unable to present a solution to the USS JNC that reduces the projected deficit, and thereby eliminates the cuts in benefits or increases in contributions planned, UCU now has all necessary mechanisms to restart the dispute.

*Motions 1-12, 14 and 15 were passed, and motions 16, 17, 18, 19, 20, 21 were remitted to the Higher Education Committee. The delegates from Strathclyde representing motion 19 sought its withdrawal but was prevented from doing so, and this will need to be addressed at HEC. Motions A, C, D, and E were voted back onto the agenda and passed with some amendment.