GMB Leicester Learning Links: L3

Workplace Learner Representatives

TUC Learning Services: National

Briefing document (1,900 words) issued 19 Dec 2002

Negotiating Training and Learning:

Role of Union Learning Reps

This briefing includes a model agreement as well as an actual agreement

Lifelong learning is not a stand-alone concept; it is an integral part of the TUC and individual unions policies and strategies. Many Union Learning Reps (ULRs) will not only act as learning advocates but will also consult with employers about training and learning. Some unions will negotiate learning and development agreements with the employer. These could be national or workplace agreements. They should include arrangements for ULRs [glossary explanation] and union members as set out in the revised ACAS code on Paid Time off for Trade Union Duties and Activities as well as procedures for negotiating training and learning.

There is no statutory right yet for unions to negotiate over training in workplaces where there is statutory recognition over negotiation over pay and conditions. Although the union has rights to consultation over training with the employer. So it is important for unions to negotiate collective agreements which include training and learning.

Such agreements can have positive benefits for both unions and management. They can help to:

· Bring together the needs of the organisation with the needs of the individual.

· Promote a positive attitude to learning and skills at the workplace.

· Improve the skills and employability of members helping them to become more adaptable to change.

· Introduce and improve a learning culture within the workplace.

· Ensure equality of opportunity in the workplace.

Steps for organising lifelong learning:

· Union policy - you should ensure that you know what your union policies are around lifelong learning.

· Incorporate learning issues within your branch agenda.

· Identify what you want to achieve.

· Elect ULRs.

· Inform the employer of the ULRs

· Arrange for the training of ULRs.

· Decide on how you will work with employers.

· Decide on the scope of negotiations with the employer e.g. will negotiations include job- related training and development within the organisation or will they concentrate on topics members want to learn for their personal development and satisfaction, will they include the establishment of steering groups etc.

· Decide how learning surveys will be conducted.

· Decide who you will need assistance from - TUC Learning Services, own union, employer, providers, advice and guidance [glossary explanation] organisations.

· Inform members - leaflets, posters, meetings etc.

· Arrange promotional events.

· Negotiate a training/learning agreement with the employer.

Negotiating a learning agreement with the employer is as important as negotiating agreements on pay and conditions of service, health and safety, equal opportunities etc. As the ACAS code states that to take account of the variety of circumstances and problems which can arise, there can be positive advantages for unions and employers in establishing agreements on time off for ULRs and individuals which reflect their own situations. The agreement will form the basis of your organisations learning agenda and could include rights of access to training and learning. Union reps or ULRs depending on the union policy and practice could negotiate it. A learning/training agreement can include some or all of the following:

Access Time and Facilities

· A commitment from both parties to lifelong learning.

· The number of ULRs and how the union will appoint them.

· The amount of time off permitted paid time off for ULRs to carry out their duties, and undertake training.

· Type and form of ULR [glossary explanation] training.

· The amount of time off permitted time off for access time for union members to engage with their ULRs and when it could be paid time off..

· The procedure for requesting time off

· The procedure for resolving disputes concerning providing time off

· Arrangements for payment to be made for time off and whether payment might be made to shift and part-time employees undertaking trade union duties outside their normal working hours

· Facilities for ULRs such as a room to conduct interviews, use of telephone, electronic mail, Internet, notice boards etc.

· The establishment of a joint learning committee comprising of equal numbers of union and employer representatives.

· The undertaking of learning needs surveys.

· Regular promotional activities regarding learning.

· Regular dissemination of information on training and learning opportunities.

· Access to training provision

Model Framework Agreement.

This agreement is between (insert name of union) and (insert name of organisation).

Both (insert name of organisation) and (insert name of union) are committed to working in partnership to promote and support lifelong learning and ensure equal access to learning opportunities.

Both parties will encourage staff to take up learning activities.

The union will be responsible for recruiting ULRs and will inform management of the names and workplaces / departments of the ULRs.

The number of ULRs will be (insert number)

The functions of the ULRs should cover (insert functions based around ACAS code)

Paid time off will be granted to ULRs to enable them to carry out their duties effectively. (state an agreed minimum amount of time).

Paid time off will be granted to ULRs in order to undertake training. Initial training will take place as soon as possible after appointment.

Employees will also be entitled to time off (when and when not it will be paid) to participate in promotional events and to access their ULR.

A procedure will be established to resolve any disputes about the application of the ACAS code

Suitable facilities will be provided e.g. offices space, filing cabinets, stationery, telephone, access to electronic equipment including e-mail, notice boards etc.

A joint training/ learning committee will be established no later than (insert timescales for establishing the committee) from this agreement.

The training/ learning committee will comprise of equal numbers of union and employer representatives.

The training/learning committee will report progress to the (name the relevant negotiating committee).

The training/learning committee will be entitled to co-opt / invite person(s) to meetings when necessary.

The responsibilities of the committee will be agreed at the inaugural meeting and could include drawing up a training/learning plan which could cover:

· Equal access to training and learning for all employees.

· Learning needs analysis

· Paid time off for training

· Financial contributions to employee development schemes

· Access to workplace learning centres and online learning facilities

Any comments on this draft and example of agreements on ULRs are welcome and should be sent to Joe Fearnehough, TUC Learning Services at jfearnehough@tuc.org.uk

Learning Agreement between PCS MOD Liverpool Branch and Defence Bills Agency Aims

To build a partnership at the Defence Bills Agency, Liverpool (DBA).

To encourage the staff within the DBA to participate in Lifelong Learning

To provide access to Lifelong Learning

To recognise and develop the role of the Union Learning Representative

To establish a learning centre within the Workplace

To work towards the establishment of a DBA Collective Learning Fund

To build upon Government and Departmental learning initiatives

To work with organisations such as the TUC Learning Services and learning providers to ensure that the partnership is a success

Who the agreement covers

This agreement covers all full and part time employees in all grades at the DBA.

The employer will undertake to ensure that this agreement will not be used as an alternative to collective bargaining with the trade union side and agrees to maintain and use existing negotiating procedures and arrangements other than those specified in this agreement.

The partners agree that all individual grievances arising from any educational or learning initiative shall be subject to the existing grievance procedures.

The Establishment of a Joint Union/Employer Learning Partnership Committee (LPC)

The Partners agree to establish a joint Union/ Employer learning partnership committee, which will be responsible for introducing, implementing and monitoring learning initiatives.

The main responsibilities of the committee will include,

Identifying the learning needs of both the staff and the Employer

Prioritising learning needs

Identification of those groups and individuals who are to benefit from the various learning initiatives

Producing a realistic Learning Plan (LP), setting goals and targets for the learning provision within the Workplace, which will include establishing a learning centre

Establishing the standards for the learning to satisfy

Determination and monitoring of the provisions available

Maintenance of any contracts with outside education and training providers

Ensuring that the Learning Plan is effectively implemented so that the LPC meets the set goals and targets for learning provisions

The partners agree that any learning needs analysis is undertaken with the full co-operation of all partners, and that any such analysis will be solely for learning and educational purposes. The analysis will not be used in relation to other issues such as pay, performance appraisal, redundancy, disciplinary, procedures etc.

The partners commit to regularly updating the learning needs analysis of participants in any learning programme.

The LPC will comprise of equal numbers of Employer and Union representatives and the employer will place at least one senior member of its management team on the joint LPC, so that the committee is then able to take effective decisions.

The partners agree to ensure that all sectors of the workplace are represented equally on the joint LPC, and that members of the LPC are provided with all relevant information concerning the learning provision and their duties/responsibilities as members of the committee.

The LPC will have the right to co-opt onto the LPC representatives from relevant organisations that it considers will be able to contribute towards the aims and objectives of the partnership.

The partners will have the responsibility of disseminating all information on matters relating to learning in the workplace and will ensure that all employees and managers are made aware of the learning opportunities available and the work of the LPC.

The LPC will meet once a month (or as agreed by a meeting) to carry out the tasks as identified by this partnership agreement.

A Chairperson and Secretary will be appointed at the first meeting of the joint LPC, and once a year thereafter, to facilitate the future meetings of the committee.

Equal opportunities, Equal access

The partners recognise the importance of equal opportunities and equal access to enhance skill levels in order to meet both the business objectives of the employer as well as the individual learning and development needs of the employees.

The partners will ensure that training and development will be provided to all employees.

The LPC will:

Make every effort to ensure that when any learning takes place the specific needs of specific individual employees are taken into account.

Ensure that Union Learning Reps are given the opportunity to take suitable training enabling them to offer support, advice and guidance to their members and work with employer to introduce a learning culture into the workplace

Assist the individual employees/learning reps to make informed choices in regards to learning programmes giving those concerned the ability to secure the maximum benefits possible from the opportunities available.

Although participation by employees will be on a voluntary basis, the Trade union side agree to actively encourage their members to fully participate in all learning initiatives and opportunities.

GMB Leicester Learning Links: L3

Workplace Learner Representatives

TUC Learning Services: National

Briefing document (1,900 words) issued 19 Dec 2002

Negotiating Training and Learning:

Role of Union Learning Reps

Steps for organising lifelong learning:

Access Time and Facilities

Model Framework Agreement.

Who the agreement covers

Equal opportunities, Equal access

learning representatives

list of standards

1. Promoting learning

2. Developing a learning agenda and strategy for the promotion of learning

3. Supporting members in planning and managing their learning

4. Enabling learners to access learning opportunities and resources

5. Enhancing the role of the union learning representative

6. Assessing peoples’ progression towards, and achievement of, National Vocational Qualifications