FAQ’s Action Short of Strike.

Note: These questions are about the position whilst participating in the industrial action short of a strike. References to what a member can/cannot do etc concern what is covered by the industrial action and what is not.

Ban on new temporary promotion/acting up:

1. I have been doing temporary promotion/acting up for one shift or longer do I need to revert to my substantive role?

1. No, this is not classed as new temporary promotion/acting up provided you are started or are still in that higher role as at 0900hrs on the 13th August 2009.

2. I have been doing temporary promotion/acting up but this finishes on the 13th August, but I have also been informed that I will be offered further temporary promotion/acting up after this date; therefore can I undertake the higher role when offered?

1. No, this would be considered new temporary promotion/acting up.

3. I am a Crew Manager (CM) Star, if I am told to deputise do I need to refuse?

1. No, not at this stage, the issue of Cm star may be the subject of further action short of strike should the need arise and you will be informed accordingly.

4. I am a CM star and have been told by others that I should remove my star is this true?

1. No, a request to do so may be the subject of further action short of strike should the need arise, if an individual chooses to do so, then that is their decision to make.

5. I have been offered long term temporary promotion/acting up which commences at 0900hrs on the 13th August 2009 or later can I undertake the offer?

1. No, this would be considered new temporary promotion/acting up.

6. My substantive role is FF and I have been undertaking the higher role of CM for a time but I have now been offered the chance to undertake a further higher role of Watch Manager (WM) in training after 0900hrs 13th August 2009, can I accept the offer?

1. No, this would be considered new temporary promotion/acting up.

7. I am a FF or CM without a star and have been asked to act up for the shift or longer can I do this after the 0900hrs 13th August 2009?

1. No, this would be considered new temporary promotion/acting up.

8. I am due to be acting up or doing temporary promotion but not until after the 13th August as I am proceeding on annual leave. I will not be paid the higher role whilst on leave therefore on my return would my starting acting up or temporary promotion then be considered as new acting/temporary promotion?

1. Yes, if you do not receive the earnings of the higher role whilst on annual, sick leave or any other absence then this would be considered as new acting/temporary on your return.

Ban on Pre-arranged overtime:

1. I have been asked to do pre-arranged overtime either at my own station or elsewhere in the brigade on the 13th August 2009 or later can I do it?

1. No, all pre-arranged overtime is the subject of the industrial action short of strike as from 0900hrs 13th August 2009.

2. I was offered pre-arranged before the 13th August 2009 for a date after the 13th August 2009, can I still do it?

1. No, the ban on pre-arranged overtime is effective from 0900hrs on the 13th August 2009.

3. I have been on annual or sick leave and had agreed to do pre-arranged overtime before I commenced my leave, can I still do it?

1. No, it makes no difference when the offer was made, if the overtime is to be carried out after 0900hrs on the 13th August 2009, it is subject to the action short of strike and is part of the Ban on pre-arranged overtime.

4. I am currently doing a LIFE, JFS, cycle project or outreach work or some other voluntary activity does this constitute pre-arranged overtime?

1. No, however if you work in excess of your contractual 42hr week and be rewarded either with EDL, TOIL, Overtime payments or any other financial incentive then this would fall foul of the ban.

5. Should I refuse to volunteer to undertake LIFE, JFS, cycle project, outreach etc hours for which is not outside of my contractual 42hrs and which is not rewarded as above.

1. No. at this stage of the industrial action you are not being asked to refuse in such circumstances, should an individual choose to remove themselves from such activities now then that remains a decision for them to make.

6. I am USAR qualified and required to respond to my pager is this pre-arranged overtime?

1. Responding to pagers is a contractual obligation under the secondary contract and therefore not subject to the pre-arranged overtime ban for responding.

7. I am USAR qualified and under my secondary contract I am required to carryout 160hrs training on PAO do I need to refuse to carryout such training.

1. At this stage only PAO etc above contractual obligations is banned, however this may be action that will be considered should the need arise.

Converting Positive Hours to Stand/by call out Hours:

1. How do I determine the hours to be converted when I have worked positive hours during my standby call out period?

1. As per the Grey book conditions of service and the national agreement on FDS:- Any positive hours worked during the stand by call out period for urgent managerial business i.e. fire calls, urgent accident investigations MUST be recovered immediately following those events, but only during normal managerial hours. Those additional Positive hours will be transferred to stand by call out hours, thus not exceeding the working time directive of more than an average 48 positive managerial hours in an 8 week FDS period. For example, five hours involved with monitoring, attending and returning from an incident: pager sounds at 00:01 during a 24 duty on a Thursday night, officer returns to call out base at 05:01.  Officer should stay at their call out base (unless mobilised to further urgent managerial business) from 0800 hours the next morning not doing any positive hours till 13:01 Friday.  They should not leave their call out base now for their place of work until 13:01 that afternoon.  They should also leave their place of work in time to return to their call out base by 17:00 hours, as driving in negative hours would be deemed positive hours.

2. Do I need to record any additional positive hours worked?

1. Yes, Managers should record all additional positive hours worked and when taken back.

3. Although I have been on 24s I am required to attend a meeting at 0900hrs and the only way to ensure my attendance and parking capability is to leave my standby call out base by 0630hrs, is this acceptable?

1. No, Managers on 24s should only be leaving their call out base at 0800hrs (unless recovering additional positive hours), you should seek the re-scheduling of the meeting to a later or alternative time.

4. During my standby call out hours should I be using my vehicle?

1. No, Managers should not be driving in standby call out hours unless requested to attend urgent managerial business for the authority i.e. fire calls, urgent accident investigations.  Note also  that the authority may not recognise any travel during the standby/callout periods unless in the execution of urgent managerial business’

5. Can I undertake additional duties whilst on my rota days if requested?

1. Any extra duties requested by the authority during Rota leave should not  be attended such as Ward, local council meetings etc.

6. I have undertaken the new group manager interim process can I now act up or take on the temporary role?

1. If the acting up commences after 0900hrs on 13th Aug 2009, then this would constitute new acting/temporary which is banned under the industrial action.

Nine day fortnight working:

1. Do I need to take a rota day if I have worked 9 days?

1. Yes, you should only be working 9 days out of ten. Working ten would be considered as overtime, whether rewarded with TOIL, EDL, overtime payments or any other financial incentive and therefore falls within the industrial action short of strike.

2. I am a trainer and when carrying some courses we volunteered to start an hour earlier and finish an hour later so as to prepare for the course is this consider as overtime, etc?

1. Yes, working any additional hours over and above your contracted hours would be considered as overtime whether rewarded with TOIL, EDL, overtime payments or any other financial incentive.

3. As a trainer I am required to attend real fire training with trainees at moreton-in-marsh are we still permitted to attend under the industrial action?

1. Yes at this stage of the dispute you can still attend moreton.