We have received a number of calls and emails on the proposed cuts to terms and conditions of OCA employees on BP operations. In response, I set out the position of OILC/RMT on the issue.
Firstly I’d like to assure you all; you will have the full support of the union in fighting these unfair and unjust proposals. Why should the UK workforce have to suffer this injustice, this isn’t happening in Norway! I hope your colleagues across all of the BP contracts are up for a fight, as it’s the only way you're going to beat this. If there is no resistance on the ground, the changes will be driven through.
On the legal front, as we see it at this stage; the day rate provisions form part of your individual contracts of employment. This being the case, your contracts of employment cannot be altered without your specific agreement. If changes were forced through without your agreement this could be deemed a "breach of contract" and could be challenged through the Employment Tribunal system. Changing a contract without agreement is termed in employment law terms as - "unilateral variation".
Of course BP and their contractors all use employment law advisors, so they will try to avoid exposure to any legal challenge. A ploy which is regularly used by employers in situations like this is the "notice" route. This is where the employer serves notice on employees stating their current contract is coming to an end. However, coupled to the notice is the offer of 'alternative employment', which is in fact the same job for less money. Employers use this to intimidate people into accepting cuts while at the same time preventing workers from pursuing a challenge at the Employment Tribunal.
Eg. The employer writes to individual employees and says something like -
‘we are issuing you with notice of termination of employment under the current contract of employment. However we are able to offer you alternative employment and details of this offer can be sent to you on request. In the event you choose not to accept our offer of alternative employment, you will be considered to have resigned from your post.’
Employers see this as a way to split the ranks, by intimidating workers into thinking it’s better to be in a job on a lower rate than being out of work. And this is a crucial point, because if the ranks are split the fight becomes all the more difficult. However, in my opinion the troops are in a pretty strong position to fight this; let’s face it, if everyone rejects the changes will BP stand by and let you all resign? I don’t think so!
As I see it contract staff are essential to daily operations as many have vital emergency response and safety critical roles. A number possess certain competencies specific to their respective installations which cannot be easily replaced. In short, if the contract staff are not on site then the operator could be forced to shut down, and at $70 a barrel this is not something they would want to happen. Think about it, a few days of lost production would probably cost more than leaving your current terms and conditions in place, so what would be the best option for BP in those circumstances?
Of course these are just potential outcomes, there are others. For union officials, constructive dialogue with BP might convince them this is an error. We suspect this may not be an option however, given the effort BP has already put into this push for change. For the workforce, failure to agree is another option which could lead to ballots for industrial action and while nobody really wants to go there, it cannot be ruled out. Communication is vital here people and we strongly advise you to put good lines of communication in place across the installations and with your union/s. We are here to support and advise you, it’s for you to tell us what you need.
Remember, unity is strength and the troops will have to be strong right across the North Sea to counter this outrageous attack on their long established terms and conditions. The ‘union’ is only as strong as the membership and it is for the members to decide what course of action should be adopted. As an organisation OILC/RMT are here to support you in this and we are prepared to work not only with our own members, but also with other organisations and their members. And for those of you not in a union – its decision time people!
Regards,
Jake Molloy.
OILC/RMT Regional Organiser