When handling problems of any sort, it is wise to have a general strategy so that you can be systematic in your work, whether it is making an approach to school management on behalf of members or when involved in representing an individual member. The NASUWT favours using an approach called ‘PIPO’.
PIPO stands for Problem, Information, Plan and Organise. The headings indicate the stages of preparation.
Identify the PROBLEM
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What are the facts?
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Is it a grievance or disciplinary issue? [*]
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Is it an individual case or part of a wider problem?
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Can I settle it at school level?
Find the INFORMATION
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What do the agreements (if any) say?
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What are the agreed procedures?
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What does NASUWT policy say?
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Might any legal rights apply?
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Who should I ask for advice?
Work out a PLAN
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How should I involve the members?
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What are the NASUWT’s aims?
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How should I take up the problem (and with whom)?
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What arguments should I use?
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What pressure (if any) can the Union bring to bear?
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How can tackling this problem be used as a way of strengthening the Union?
Use the case to ORGANISE
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Is this a collective issue?
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Is it deeply and widely felt by the members?
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Is it an issue in which we can involve everyone in winning?
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Will it unite members and non-members?
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Is the issue winnable, or partly winnable?
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Will it result in a visible improvement?
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Will it give members a sense of their own strength?
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Will it raise the profile of the Union?
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Will it build Union solidarity?
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You can only represent members in disciplinary/grievance procedures if you have been accredited to do so and are acting on the advice of your Local Association Secretary. This accreditation is gained by attending the appropriate training.
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Always keep a careful record of what you do and of any meetings you attend.
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You must follow the NASUWT Code of Practice for Handling Members’ Casework (accessible to accredited caseworkers).
Problems come in many shapes and sizes. Sometimes it is not entirely clear, at first sight, what the problem actually is. You may need to carry out some investigation, including talking to the member(s) concerned, to make sure that you have the facts straight in your mind and are clear about the nature of the problem.
Some problems brought forward by members may fall into the category of grievances. Members may feel that they have been badly treated in some way and want you to take the matter up.
Sometimes you may have to advise members that it would be a mistake to take the matter up if there is little or no chance of success. Sometimes you will decide that, although the grievance is genuine, it is not something that the employer can solve and you may have to advise the member to seek further advice. Sometimes the complaint is about the behaviour of a fellow worker. Such problems are always difficult to resolve and you may want to discuss the matter with the parties involved rather than take up the issue with management. And, of course, some problems are both genuine and capable of being resolved by the employer or management. You may wish to take these up with your principal.
By law, every school must have a written grievance procedure that lays down the process by which problems of this sort can be dealt with.
There is, invariably, an informal stage to the procedure where you will have an opportunity to solve the problem in discussion with the member(s) and the school/college management. Where possible, problems are best dealt with at this informal level. Of course, the problem might be that the member has been accused by the management of some misconduct. In this case, the member may be subject to discipline.
By law, all schools must have a written disciplinary procedure that will lay down the ‘rules’ of procedure.
Finally, the problem, although raised by an individual member, may have implications for other staff in the school. In this case, it becomes a collective issue and may need to be the subject of consultation/negotiation between the NASUWT Representatives and the school/college management. Alternatively, it may be a collective issue that you can organise a campaign around. Once you have a clear idea of the problem, you can then begin to decide what information you need to gather in order to tackle it.
Information is crucial when handling members’ problems. Your first source of information will be from the members themselves. You may have to interview individuals to establish the facts or you may have to hold meetings of members to ascertain their views.
Much of the basic information you need can be gathered from documents (e.g. the Blue Book and the Burgundy Book). You need either to have copies of these in your file or easy access to them within your school.
Agreements (at school, local or national level) are another vital source of information. At school level, for example, there might be an agreement about the distribution of ‘duties’ amongst the staff and at local level there might be an agreement that improves upon national arrangements for sick leave.
Do not forget custom and practice. These are arrangements that may have continued for years without ever being written down. You can consider such arrangements as unwritten agreements that management should not change without prior negotiation with the trade unions.
Make sure you know what the problem is. You might also wish to consider whether the member has any legal employment rights covering the matter in dispute.
There are also legal rights relating to health and safety. In both individual and collective issues, union policies are an important source of information. Don’t worry if you do not have all of this information at your fingertips. You can turn to the NASUWT for detailed information and advice by contacting your National Centre.
Planning is the final stage of the process. Once you have understood the problem and gathered the necessary information, you should consider the following:
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Does the case have merit?
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Should the Union be supporting it?
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Is it an individual matter that needs tackling with grievance or disciplinary procedures or is it a collective matter that needs taking up through campaigning or existing consultation/negotiation machinery?
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Is it a case that needs the involvement of others within the Union (Health and Safety Representative, Local Secretary, etc.)?
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Is it a problem that can be sorted out at school level or does it need tackling at the Local Association or even national level?
A good guiding principle is that problems should be sorted out at the lowest possible level. Many simple, minor day-to-day problems can be sorted out by informal discussions with members of the management team and, if this can be done, it benefits everybody. It is better to be a troubleshooter where possible! If the problem is urgent, then there should be a way of raising it immediately with the principal.
Sometimes, it will not be possible to solve problems informally. In these cases, you may decide to embark on more formal solutions by invoking available procedures or raising the issue(s) through school-level consultation/negotiation procedures.
The way in which you decide to handle a problem may depend on circumstances other than the facts of the case. For example, if you have a large, determined NASUWT membership, you may be able to tackle problems in a way that is not possible if you have a very small membership or if members are not willing to give support.
Remember that when you are working out your plan of action, you are acting as a Representative of the NASUWT. Always be aware of Union objectives and of the attitude and views of your members at school. Never be afraid to take advice from your Local Association Secretary and never be afraid of passing the problem on to somebody more experienced or senior in the Union if you feel that you may be getting out of your depth. In such circumstances, the preliminary work you have done and the notes you have made will be invaluable.
Make sure you have a plan.