The National Chairman

ISSUE 54, 29th June 2009

MARKET TESTING


Dear Colleagues

MARKET TESTING

The result of the workplace ballot as to whether or not POA officials should engage in the Market Test process, voted “in favour” of participation.

Remember the effects of this process and the changes being proposed can affect the terms and conditions of many POA members.

Colin Moses National Chairman



In accordance with that democratic decision, the NEC will expect local and national officials to engage in the process, where it is necessary and appropriate and the employer allows them to.

However, this does not mean that the Union or the NEC, are in favour of Market Testing. Market Testing and the processes are corrupt and will be used to sell off the Public Sector Prison Service, whether we engage or not. The Government, NOMS and the Prison Service are using our participation to justify the process, to minimise the risk of our legal challenges.

Market Testing is only one of the strands being introduced by Government, NOMS and the Prison Service to effect change.

To this end, it will only be the NEC who will endorse a Public Sector Market Test Bid. We must not allow change to be affected by stealth or threats.

It is the role of the Public Sector Bid Unit (PSBU) to compile any bid and ensure that it passes the six quality assurance tests. Ultimately, it will then be for the Champion of the Prison Service Robin Wilkinson to determine if that final bid is put forward to the awarding authority.

  • Is this Right and Proper?
  • The POA’s involvement in the process will have no influence on the final decision.
  • There is NO APPEAL on the outcome.
  • Phil Wheatley and members of the NOMS Board will award the new SLA’s to the successful bid.
  • This is the same Board that has attacked the POA, NAPO and other Unions in the past.
  • This is the same Board that has supported Privatisation and Government cuts.

So it is no wonder that the NEC has serious concerns over the Market Test process and is looking at all available avenues to legally challenge the process.

The Union can not force the employer to submit a bid and we do not know if a bid will be put forward when a Private Prison or Contract is due for renewal.

  • How, can this be Fair or Just in the world of Competition?

We are currently witnessing Governors threatening local committees, stating that they may not be allowed to engage because they are standing up for their rights.

  • Will local committees be forced to accept WfM or elements of it, under the process, or even sign up to a no strike/disruption agreement?

It is for these reasons that only the nationally elected officials of the POA will endorse any Public Sector Bid.

  • We will not allow elements of WfM to be used to undermine this Union, or put at risk the Terms and Conditions of the membership to support any bid.

The NEC will continue to ask the membership to support the policies of the Union, some of these policies, were only established in May this year.

  • The NEC is aware of the concerns of those branches that face Market Testing, but this is not new to the Union.
  • Conference determined to conduct a ballot and the ballot has determined we engage.
  • So what has changed all of a sudden?

We are looking at legal challenges to the process for Market Testing and methodology to select and award contracts as well as any options open to the Union in respect of changes proposed to our Terms and Conditions.

To this end, I would ask you all to be patient; follow the decisions of Conference and the policies of this Union.

Colin Moses
National Chairman


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