Special General Meeting re Smoking on - Thursday 27 Apr 06

held at County Hall, Exeter

Minutes

Apologies: Colin Lomax

The Chair addressed the meeting giving the background to how smoking issues have affected UNISON. History of Branch position on smoking.

(subject to voting in particular workplaces previously not banned in every establishment)

A motion similar to this went to the Annual General Meeting and was clearly thrown out. The Branch has not been able to vote for anything else.

Explained the role of Staff Side. Said Residential Homes could be a place to smoke.

Please let us know your concerns so that we can see what can be done locally.

Lilach Head - asked for date / time to be changed. Clients still allowed to smoke and they cannot. People off sick with stress because of the smoking ban.

Unit Manager concerned about her staff. All we are asking for is a few minutes on a shift to have a smoke; we cannot do our job properly because of withdrawal.

Devon County Council is not being consistent. Local agreement gives managers the right to smoke.

Paul Cousins email did not reach all homes.

Had to pay for patches and inhalers themselves. Affects our mental condition. Working conditions very high stress level.

People in County Hall saying this policy is not being thought of properly.

Even in the Devon County Council call-centre they are allowed to smoke - discrimination.

Richard - When was the decision made about not smoking on campus grounds.

RF - made by previous Chief Executive. We never contemplated a total ban. They pointed out through their lawyers and made a unilateral decision.

Sian - Learning Disability in Exeter. Unit Manager over 50% of staff smoke. We have always 2 staff on duty. The 2 staff have to remain in the building. Explained shift. 24 / 25 hours where they are within the building. Too expensive to provide a break because it would need more staff. Individuals who have to not smoke for all this time. They are dealing with people with high support needs. Used to have a courtyard where public cannot see them.

It has never been an issue as a team with people doing this.

Staff will be at the end of their tether – will have withdrawal symptoms and this might put the service users at risk. Frustrated and lose patience with challenging individuals. Health & Safety issue and human right issue.

Darienne Flemington: 2004 the previous Chief Executive did say there would be no smoking – Staff Side obtained an extension to this year.

a) Authority recognises that there is a right to smoke. We know that stress/withdrawal occurs POLAR

c) We need to have breaks at work. Local agreements paid breaks / unpaid breaks.

e) Risk assessments re clients who smoke in their homes. Can ask for clients not to smoke.

d) To progress on places in work to go.

Because Social Services Stewards pushed for more discussion. As of May no more service users can come in who smoke. This is not a good outcome. Widely agreed.

K Pearson: important to recognise some of the things going on.

Human Rights Act 1992 passive smoking evidence came to the fore Tribunal in a health service

Section 2 of the Health & Safety Work Act

Constructive dismissal? Some people tried it on but lost. Costs were awarded against them.

The employer is entitled to say no smoking on the premises.

Human Rights issue. The Health Service 4 years ago brought in a no smoking policy for staff, patients and visitors. Those who took the case on lost. Have a right to claim constructive dismissal if people do smoke around you and won’t stop.

Protections for smokers. There have to be ways found locally to smoke on site.

Where does that leave you? Local arrangements and or ways to be supported in coming off smoking. You need to satisfy yourselves that local arrangements are agreed.

Have a way to overcome stress that does not rely on smoking. Legislation is on the side of employers.

LH: smoking clients ban was on in January 06 so nothing she had done. Local agreements only work if managers listen. When will they stop drinking alcohol at County Hall as well.

The Chair brought meeting to a close. Heard both sides. He thanked members for attending.

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This meeting has been called for by members who work for Devon County Council and who feel the Branch's Devon County Staff Side is not properly representing their interests

They have requisitioned by collecting over 50 signatures calling attention to smokers' issues in a workplace which operates a total ban. This meeting is on 27 Apr 06 at 6 pm in the Council Chamber at County Hall.

A Special General Meeting has been requisitioned in accordance with the Branch rules:

Smokers needs should be respected too

The petition below was signed by 51 members of the Branch. The Branch rules state that a Special General Meeting must be held within 2 weeks of 50 or more signatures being received.

Accordingly the Council Chamber at County Hall has been booked for 6pm on 27th April, 2006. A quorum for a Special General Meeting is 50 members. If fewer than 50 members arrive then there cannot be a vote.

The text follows.

Smokers needs should be respected too.

We are signing this because we feel that members' voices are being ignored

The Staff Side that negotiates with Devon County Council says it cannot negotiate on the issues below because ten years ago their discussions ended in a ballot which resulted in an agreement to ban workplace smoking, including help and funding to assist smokers to quit.

We are not asking for a reversal of that ballot. We want these specific rights to be negotiated as follows:

• a. to have recognition of individuals' right to choose to continue smoking, as it is a legal activity, even though it has restrictions about where it may take place, including workplace bans.
• b. recognition that this legal activity is habit-forming and that prevention of access to it results in physical and psychological stress that is distressing and interferes with people's ability to work at their best.
• c. acceptance that this means the opportunity must be available during working hours for smokers to be able to smoke
• d. provision of specific areas in every workplace where smokers can go that does not affect other workers.
• e. assurance that employees shall be entitled to ask any client not to smoke in their presence, including clients in their own homes or in residential homes

Because of their refusal to negotiate on these things we have no confidence in the Devon County Council Staff Side and we call for a special general meeting to be held so that a vote can be taken on the above issues which will make it clear to that Staff Side what members want them to do.