Subject: |
City Clean Dispute Resolution |
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Date of Meeting: |
19 October 2021 |
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Report of: |
Chief Executive |
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Contact Officer: |
Name: |
Geoff Raw |
Tel: |
291132 |
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Email: |
geoff.raw@brighton-hove.gov.uk |
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Ward(s) affected: |
All |
FOR GENERAL RELEASE
Note: Urgency
By reason of the special circumstances below, and in accordance with section 100B(4)(b) of the 1972 Act, the Chair of the meeting has been consulted and is of the opinion that this item should be considered at the meeting as a matter of urgency.
Note: Reasons for urgency
The special circumstances for non-compliance with Council Procedure Rule 3, Access to Information Procedure Rule 5 and Section 100B(4) of the Local Government Act 1972 (as amended), (items not considered unless the agenda is open to inspection at least five days in advance of the meeting) are that the report relates to an ongoing trade dispute which has been the subject of ongoing negotiations and the up to date position and information set out in the report was not available at an earlier stage.
That the committee:
Resolution of 13th October Special Policy & Resources Committee
(1) That the Chief Executive as Head of Paid Service and his management team be instructed to urgently seek agreement with the GMB based on the steer provided in part II of the meeting as a framework, with the objective of getting best value for council taxpayers and addressing low pay; taking into account legal and financial advice, and report back to a future meeting of the Policy & Resources Committee once negotiations have been concluded;
(2) That it be noted that any resulting financial commitments would need to be factored into the sequence of reports leading up to and including Budget Council and will be considered by the cross-party Budget Review Group as part of the process;
(3) That the negotiating team be instructed to immediately seek a dispensation specifically to urgently address fire safety issues on behalf of residents, namely relating to bin stores, if the request to suspend strike in (4) below is not agreed by the GMB;
(4) That the Chief Executive be instructed to immediately engage additional third-party support (as outlined in section 4 of the report) to advise the negotiating teams in swiftly resolving the dispute in the interest of residents and businesses and ask the GMB to suspend strike action on this basis, so that an agreed negotiator can be found; and
(5) That it be noted that during the debate a Conservative Group Councillor used the words “we cannot negotiate with terrorists” in relation to the GMB - 2- Union. The committee completely condemns these totally unacceptable remarks
Steps taken by officers to implement the 13th October Special Policy & Resources Committee Resolution
· Independent Industrial Relations Advisor, Officers had arranged for an industrial relations advisor to be immediately available to provide support both virtually and face to face.
· ACAS. Officers had contacted ACAS about their conciliation services, and can access this support at any time
· National employers dispute resolution. Officers had spoken to the LGA, and explained to GMB in the letter the option to use the dispute resolution mechanisms as outlined in the NJC terms and conditions
· Officers also invited GMB to let officers know if there were other options that they wanted to explore.
4.1
The GMB have confirmed that industrial action will be suspended if
the committee approve, without amendment, the offers set out in the
part 2 report and therefore alternative options risk the
continuation of industrial action, or an increase in the financial
implications and legal risks.
4.2 Given the framework outlined in 3.7, the agreement in principle with GMB reduces as far as is possible, the legal and financial risks. The financial and legal implications are outlined in the part 2 report.
8. FINANCIAL & OTHER IMPLICATIONS:
Financial Implications:
8.1 The financial implications are set out in the part 2 report
Lead Finance Officer: Nigel Manvell Date: 18 October 2021
9. Legal Implications:
9.1 The legal implications are set out in the part 2 report
Lawyer: Elizabeth Culbert Date 18 October 2021
10. Equalities Implications:
11. Sustainability Implications:
No specific sustainability implications arise from this report.
SUPPORTING DOCUMENTATION
Appendices:
Appendix 1: Letters to GMB dates 16th October 2021
Documents in Members’ Rooms
None
APPENDIX 1.
Letters dated 16th October 2021
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Date: E-mail: |
16th October 2021 Geoff.raw@brighton-hove.gov.uk
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Dear Gary
Exemptions Request - City Clean Industrial Action consisting of strike action
Following the recommendation agreed at Policy & Resources Committee on 14th October 2021, the Council requests exemption from strike action to enable the collection of waste from bin stores. This request is made in order to urgently address fire safety issues on behalf of residents.
The exemption request is detailed below in terms of risk to the public and health and safety.
Bin Stores: increased fire risk of overloaded internal bin stores in housing blocks and residential care premises
The information below has been supplied by the council’s Fire Safety Officer:
When a normal waste collection service is in place, fires occur in bin stores with reasonable regularity. The causes of the fires vary from deliberate ignition to accidental fires caused by smoking materials and hot items being disposed of. The severity of these fires also varies depending on the location within the space of the seat of the fire and what materials are burning.
Regular collections from bin stores keep the risk from fire to a tolerable level. Similarly, the regular monitoring of the material and removal of potentially hazardous substances, such as gas cylinders, contribute to reducing the risk outcomes.
When bin stores are not emptied, the increase of rubbish can lead to increased arson and more accidental fires. The Police and East Sussex Fire and Rescue Service have notified the Council of five incidents of arson in relation to waste on Saturday 15th October 2021. We are also aware of three earlier fire incidents.
The impact of a fire, should one break out, is also likely to be greater because of the increased volume of material within the bin stores. There is an increased the risk to life and property due to the accumulation of waste in the bin stores. Although most bin stores have fire resisting materials separating them from the common ways, they are still part of the building and a severe fire will potentially affect residents. Similarly, the likelihood of increased deposits of hazardous materials will raise the potential severity outcomes.
When bin stores are full there will be increased fly tipping and dumping in inappropriate locations within buildings, which also carries risk to health and safety, potentially blocking fire exists or creating further fire risks within the buildings.
There is also an added risk to public health through malodour, flies and a food and harbourage source for vermin.
Exemption request
The Council is therefore requesting an exemption for staff on the dates set out below to enable the clearance of waste from bin stores on those days when striking is taking place. Please confirm by Monday 18th October at 5pm whether this exemption request is agreed.
Alongside the work to be undertaken by City Clean staff as set out in the table below, the Council will use contractors on Sunday 17th October to pick up some of the worst of the side waste and waste in bin rooms that has built up and which is now causing a health & safety and fire risk. As well as addressing the health & safety and fire risk, this will also enable the communal bin drivers to work as normally as possible on Monday to Wednesday next week. We are considering whether there may also be a need for contractors to undertake this work on Monday 18th – Wednesday 20th October 2021.
Kind regards
Geoff Raw
Chief Executive
Brighton & Hove City Council
Bin stores exemption request |
|
Monday 18/10/2021 |
No strike action |
Tuesday 19/10/2021 |
No strike action |
Wednesday 20/10/2021 |
No strike action |
Thursday 21/10/2021 |
Three drivers (Six loaders) |
Friday 22/10/2021 |
Three drivers (Six loaders) |
Saturday 23/10/2021 |
Three Drivers (Six Loaders) |
Sunday 24/10/2021 |
Three Drivers (Six Loaders) |
Monday 25/10/2021 |
Three drivers (Six loaders) |
Tuesday 26/10/2021 |
Three drivers (Six loaders) |
Wednesday 27/10/2021 |
Three drivers (Six loaders) |
Thursday 28/10/2021 |
Three drivers (Six loaders) |
Friday 29/10/2021 |
Three drivers (Six loaders) |
Saturday 30/10/2021 |
Three drivers (Six Loaders) |
Sunday 31/10/2021 |
Three drivers (Six Loaders) |
Monday 01/11//2021 |
Three drivers (Six loaders) |
Tuesday 02/11/2021 |
Three drivers (Six loaders) |
Wednesday 03/11/2021 |
Three drivers (Six loaders) |
Thursday 04/11/2021 |
Three drivers (Six loaders) |
Friday 05/11/2021 |
Three drivers (Six loaders) |
Saturday 06/11/2021 |
Three drivers (Six Loaders) |
Sunday 07/11/2021 |
Three drivers (Six Loaders) |
Monday 08/11/2021 |
Three drivers (Six loaders) |
Tuesday 09/1/2021 |
Three drivers (Six loaders) |
Wednesday 10/11/2021 |
Three drivers (Six loaders) |
Thursday 11/11/2021 |
Three drivers (Six loaders) |
Friday 12/11/2021 |
Three drivers (Six loaders) |
Saturday 13/11/2021 |
Three drivers (Six Loaders) |
Sunday 14/11/2021 |
Three drivers (Six Loaders) |
Monday 15/11/2021 |
Three drivers (Six loaders) |
Tuesday 16/1/2021 |
Three drivers (Six loaders) |
Wednesday 17/11/2021 |
Three drivers (Six loaders) |
Thursday 18/11/2021 |
Three drivers (Six loaders) |
Friday 19/11/2021 |
Three drivers (Six loaders) |
Saturday 20/11/2021 |
Three drivers (Six Loaders) |
Sunday 21/11/2021 |
Three Drivers (Six Loaders) |
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Date: E-mail:
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16th October 2021 Geoff.raw@brighton-hove.gov.uk
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Dear Gary
Exemptions Request City Clean Industrial Action consisting of strike action.
The Council is requesting an exemption in relation to the ongoing industrial action to enable the collection of waste accumulating around communal bins and recycling points across the city. The exemption request is detailed below in terms of the health and safety risk to the public.
Side waste: increased fire and health and safety risk of side waste on the city’s highways and pavements
The following information has been supplied by the council’s Health & Safety and Environmental Health Teams:
Following 12 days of non-collection of communal refuse, recycling and glass, a considerable amount of side waste and fly-tips have built up around communal bins, as well as at recycling points across the whole city.
There are approximately 680 communal refuse bins, 1,500 communal recycling bins and 150 glass communal bins across the city. In addition to this, there are over 60 recycling points offering recycling and glass collections. These bins are in high density areas, attracting a lot of traffic and footfall.
Waste around communal bins and recycling sites is starting to intrude onto the road and pavement. This presents a health and safety risk not only for traffic using the road, but also prevents pedestrians from using the pavements, forcing them into the road. It is particularly problematic for disabled people and those pushing prams.
In addition, the build-up of side waste has increased the fire risk. The causes of the fires vary from deliberate ignition to accidental causes, such as smoking materials and hot items being disposed of. Regular removal of waste from communal bins and recycling points keeps the risk from fire to a tolerable level. Similarly, the regular removal of potentially hazardous substances, such as gas cylinders, contribute to reducing the risk outcomes. When there is more rubbish, there can be more fires. This may present a risk to life, property and the environment, depending on the location of the bin. It is noticeable that there are increased fly-tips of bulky waste, alongside black bag waste, and this may also include hazardous materials which raises the potential severity outcomes.
There have been eight reported incidents of fires relating to excess waste in recent days:
· A bin on the corner of Springfield Road and Beaconsfield Road
· A bin at Preston Circus
· A bin on Western Road
In relation to one fire on 16th October, at the junction of Morley Street and Grand Parade, a block of flats was scorched and therefore this has been recorded as an arson with intent.
Exemption request
Alongside the work to be undertaken by City Clean staff as set out in the table below, the Council will use contractors on Sunday 17th October to pick up some of the worst of the side waste and waste in bin rooms that has built up and which is now causing a health & safety and fire risk. As well as addressing the health & safety and fire risk, this will also enable the communal bin drivers to work as normally as possible on Monday to Wednesday next week. We are considering whether there may also be a need for contractors to undertake this work on Monday 18th – Wednesday 20th October 2021.
Kind regards
Geoff Raw
Chief Executive
Brighton & Hove City Council
Date |
Bin stores exemption request |
Monday 18/10/2021 |
No strike action |
Tuesday 19/10/2021 |
No strike action |
Wednesday 20/10/2021 |
No strike action |
Thursday 21/10/2021 |
Three drivers (Six loaders) |
Friday 22/10/2021 |
Three drivers (Six loaders) |
Saturday 23/10/2021 |
Three Drivers (Six Loaders) |
Sunday 24/10/2021 |
Three Drivers (Six Loaders) |
Monday 25/10/2021 |
Three drivers (Six loaders) |
Tuesday 26/10/2021 |
Three drivers (Six loaders) |
Wednesday 27/10/2021 |
Three drivers (Six loaders) |
Thursday 28/10/2021 |
Three drivers (Six loaders) |
Friday 29/10/2021 |
Three drivers (Six loaders) |
Saturday 30/10/2021 |
Three drivers (Six Loaders) |
Sunday 31/10/2021 |
Three drivers (Six Loaders) |
Monday 01/11//2021 |
Three drivers (Six loaders) |
Tuesday 02/11/2021 |
Three drivers (Six loaders) |
Wednesday 03/11/2021 |
Three drivers (Six loaders) |
Thursday 04/11/2021 |
Three drivers (Six loaders) |
Friday 05/11/2021 |
Three drivers (Six loaders) |
Saturday 06/11/2021 |
Three drivers (Six Loaders) |
Sunday 07/11/2021 |
Three drivers (Six Loaders) |
Monday 08/11/2021 |
Three drivers (Six loaders) |
Tuesday 09/1/2021 |
Three drivers (Six loaders) |
Wednesday 10/11/2021 |
Three drivers (Six loaders) |
Thursday 11/11/2021 |
Three drivers (Six loaders) |
Friday 12/11/2021 |
Three drivers (Six loaders) |
Saturday 13/11/2021 |
Three drivers (Six Loaders) |
Sunday 14/11/2021 |
Three drivers (Six Loaders) |
Monday 15/11/2021 |
Three drivers (Six loaders) |
Tuesday 16/1/2021 |
Three drivers (Six loaders) |
Wednesday 17/11/2021 |
Three drivers (Six loaders) |
Thursday 18/11/2021 |
Three drivers (Six loaders) |
Friday 19/11/2021 |
Three drivers (Six loaders) |
Saturday 20/11/2021 |
Three drivers (Six Loaders) |
Sunday 21/11/2021 |
Three Drivers (Six Loaders) |