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USS Dispute FAQs for taking industrial action short of a strike

Introduction

The HEC calls upon all the members described below to take part in a comprehensive boycott of all setting and marking, coursework,assignments  with effect from Thursday,6 November,2014.

FAQ’s

Who is called to take action?

Full members (excluding clinical academics and heads of institutions), employed by institutions involved in the dispute, as set out in the list here.
Any members employed by subsidiary university companies, the Medical Research Council, or otherwise not directly employed by the higher education institution at which they are a UCU member are not included in this call to take action.
Boycott of assessment and examinations activity
This action short of a strike does not apply to any member whose designated role consists entirely or substantially of assessment and examinations work. This will usually affect only a small number of specialised administrative staff, for example, a registry examinations officer who centrally administers examinations.

When will the action finish?

There is no finish date at present. The union is determined to continue the action until its objectives are met. PLEASE REMEMBER that full support for the action from all members is the best way to force the USS employers to the negotiating table as quickly as possible.

What exactly does the boycott include?

The boycott is intended to be comprehensive and to include all formal student assessment, including the formal setting of assessed work. By ‘formal’ we mean any assessment, whether expressed numerically or in any other form, which contributes to the award or classification of any degree, certificate, diploma or any other academic or professional qualification.

It applies to all levels, sub-degree, undergraduate or postgraduate, and to all forms of higher education and professional training, full-time, part-time or distance learning.

As well as final awards at the end of courses, the boycott also covers assessment that contributes to decisions about the suitability of students to continue with their studies (eg at the end of the first year of a degree course) or to undertake particular options or modules (eg where they have prerequisites).

The assessment boycott is not restricted to final examinations, but includes any form of in-course continuous assessment. It will include traditional essay setting and marking, but also setting and assessment of any student work falling within the formal assessment defined above, including, for example, the setting or assessment of projects and dissertations, laboratory and other practical work, performance (eg in music or drama) and supervised practice (eg in teacher education).

Examination of dissertations and theses at postgraduate level, as well as vivas, are included in the action.

What does ‘assessment’ cover?

Assessment’ covers any form of student work which attracts a mark or score or other form of evaluation from the member of staff, and which formally contributes to the award or classification of any degree, certificate, diploma or any other formal qualification. As well as final awards or qualifications, the boycott also applies to assessments which determine or contribute to decisions relating to a student’s suitability to continue with their studies or to undertake particular courses or options, even where such assessments do not contribute to the final award.

Assessment, therefore, includes any assessed work on all courses, whether undergraduate or postgraduate, full-time or part-time and whether delivered on campus or by distance learning. It includes all forms of assessed student work, not only formal examinations. Thus, essays, project work, placements, practical work and performance are included, as well as undergraduate and postgraduate dissertations and theses, including research degrees.

Members should not:

  • set examinations or other assessable student work falling within the above description mark or examine any such work, including projects, dissertations or theses
  • provide informal guidance to students with regard to their mark, grade or assessed progress
  • process marks or assessments in any way – including those which originate before the beginning of the assessment boycott
  • attend or participate in any way in any meetings or parts of meetings in which student work is assessed or examined.

What about the administration associated with student assessment?

Yes, all administration associated with formal student assessment is included in the boycott. For example, members should not set examination papers or attend any meetings or parts of meetings at which student work is assessed or examined (including, of course, examination boards) or act as invigilators.

But what if my job is almost entirely devoted to the administration of examinations?

There are a small number of members, such as examination officers working in university registries, whose jobs are wholly or substantially devoted to examinations work. They are not covered by the action short of a strike and while they should refuse to take on the work of others who are participating in the action they should continue to work normally.

What about marks and assessments that were produced before the action started. Should I withhold them?

NO, you cannot withhold marks if requested to release them by your employer, and, in certain circumstances, by students. Our action is non-marking, not withholding of marks. It is therefore vitally important for members NOT to carry out any formal student assessment, thereby ensuring that they have no marks or any other records of assessment or outcomes in their possession. Of course, there will still be opportunities to prevent the processing of existing marks and assessments, for example, by boycotting exam boards.

Is external examining included in the action?

No. We have balloted members in relation to their principal employment. External examining involves a contract with a separate employer and was not covered by the ballot.

I have a separate contract for my internal examining duties; does that mean that I am exempt from the assessment boycott?

No. There are a few cases of institutions where internal examining duties attract additional payment and perhaps operate under a separate contract. However, so long as the contract is with the same employer (in contrast with external examining) the student examining and assessment duties are covered by the action.

Can we still give students feedback on their progress?

We are boycotting all forms of student assessment which contribute to the final award or grade, or relate to formal decisions about student progress through their courses. Members should not carry out any assessment that falls within those areas or use such assessments in student feedback. Any other form of feedback to students on their work and performance is part of teaching, and not included in the action.

What should I say if I am asked if I am taking part in the boycott?

You should not volunteer information about your participation unless you are asked to provide such information by a person in authority within your institution (eg head of department, HR etc). There are, at the current count, no less than twelve different approaches being followed by USS institutions to the issue of pay docking but many are saying that they will only dock pay either from a future moment when you start to take action or only on days when you participate in the boycott. For that reason it is difficult to provide a pro forma response to cover all eventualities but we recommend that you reply to any request from a person in authority using a version of the message below:

‘I intend to support the UCU assessment and marking boycott but will not be doing so until x date when I have scheduled work to do which is included in the boycott. I will not be engaged in marking every day after that date. Please note that I would have expected all the work I can currently anticipate and which is covered by the boycott to have been completed by x date.’

As stated above, you should be aware that while the policies of institutions vary considerably, the employer retains a legal right to deduct pay from day one of action so long as they are clear that they intend to do so irrespective of whether you are taking action on each day or not.

Can UCU members who are not currently members of USS take part in the boycott?

If you are employed by a USS institution you can participate in the action irrespective of whether you are currently a member. The union is fighting for future pension rights as well as those of current members and whatever your pension status you have an interest in that.

Can management take 100% of my salary off me even though I am performing most of my duties?

The law does provide a right for employers to refuse to accept partial performance and to deduct 100% pay should they choose to do so. However, given that for most staff, assessment related work is a small part of their overall duties while lawful this is clearly manifestly unfair. It is therefore no surprise therefore, especially given the likely long term effect on staff relations of behaving so unfairly, that most USS institutions have so far chosen a more proportionate response to the boycott

I am an external examiner at a USS institution. What should I do?

As an external examiner you should be on your guard against any attempts by universities to relax academic standards in order to circumvent the boycott. You should also make clear to staff in the host university that you support the dispute and that they may really any concerns to you about this. The union has produced a fact sheet for external examiners

Are there any exemptions from the boycott?

The boycott often lead to staff having to take very difficult decisions. That is why this sanction is used only very rarely and also why it is effective. In order to be fair on every member, the union is therefore unable to offer any exemptions from the boycott.

Will there be strike pay?

UCU’s national officers have agreed to pay up to a net £75 a day to members affected by punitive deductions once they have had three days (or equivalent) pay deducted. This is a considerable financial commitment and as usual we will seek to prioritise those in greatest financial need. As usual, payment will require proof of deduction.

I am a head of department/programme leader, can I take part in the action?

Yes. You have a crucial role in ensuring the effectiveness of the dispute. The union has produced a fact sheet which sets out what you should do to support the union.

Is the assessment of staff (eg internal CPD programmes) covered by the boycott?

If the member of staff is a ‘student’ for the purposes of the programme then they will be included in the boycott. Most internal CPD programmes would not meet this criteria.

I am a casualised member of staff – should I agree to take on others assessment duties during the boycott?

No. You should refuse to take on the assessment duties of others as described in this FAQ and cite your participation in the UCU industrial action as the reason. Any casualised staff who are victimised for doing this should immediately contact their local branch.

Is formative assessment covered by the boycott?

The distinction between formative and summative assessment can sometimes be difficult to define. The boycott is aimed at all formal student assessment, including the formal setting of assessed work. The assessment boycott is not restricted to final examinations, but includes any form of in-course continuous assessment. It will include traditional essay setting and marking, but also setting and assessment of any student work falling within the formal assessment defined above, including, for example, the setting or assessment of projects and dissertations, laboratory and other practical work, performance (eg in music or drama) and supervised practice (eg in teacher education). General feedback or exercises which are not marked and which cannot be used to enable a student to progress are part of teaching rather than assessment and are not covered by the boycott. In considering whether a piece of formative assessment is covered by the boycott, members should ask themselves whether documentation from the assessment could be used in your absence by a strike breaker to provide a mark or evidence of progress.

Are invigilation duties covered by the boycott?

Yes. These duties are part of the administration of assessment and academic and academic related or other professional staff should refuse to carry them out.

Is a one off performance (eg a degree show) covered by the boycott?

Yes. If you require detailed advice on this please contact Matt Waddup.

 

Open letter to the VC of the University of York

The following letter was sent today to the Vice-Chancellor of the University of York, who yesterday threatened to stop paying their staff if they participated in legitimate industrial action. If you agree with the sentiment of the letter, please do sign the petition.

Petition that condemns the decision of the University of York to stop paying staff who take part in legitimate industrial action

Please sign the petition if you agree with the sentiments expressed in this letter to the VC of the University of York
30 October 2014
Dear Professor Lamberts,
I recently learned that the University of York intends to withhold 100% of pay from members of the University and College Union (UCU) who participate in ‘Action Short of a Strike.’ As you know, this industrial action has been called in response to the proposed ‘reforms’ to the Universities Superannuation Scheme – proposals that, in their present form, constitute the most serious threat to academics’ pay and conditions in at least a generation, and which will leave thousands of academics many tens of thousands of pounds worse off in their retirement.
Your threat to dock 100% pay on a continuous basis – which amounts to nothing less than old-fashioned union-busting – might be expected of a nineteenth century mill owner, but it has absolutely no place in a university system which, quite rightly, values collegiality. The decision to define any work that unionised academics at York continue to do (including the preparation and delivery of lectures, the planning and running of seminar classes, the hosting of visiting speakers, research, the writing of journal articles, conference papers and books, the supervision of undergraduate, MA and PhD students, the provision of pastoral care, the writing of references and letters of recommendation, the preparation and evaluation of grant proposals, committee work, and the enthusiastic participation in a range of undergraduate admissions and recruitment activities, including open days) as merely “voluntary” is utterly shameful. The decision to calculate deductions in pay on a 1/260th basis – thereby ignoring the substantial amount of work that, as you know perfectly well, is undertaken by academics on weekends – only adds insult to injury. I note the University of York claims to apply “the best ethical standards” in all of its activities, while your latest strategic plan lauds York’s “informality”, “friendliness” and “flat management structure” – all part of a distinctive “ethos”, we are told, that is designed to help “promote a sense of belonging and worth” among your employees (an approach, furthermore, that you claim will be “protect[ed] and develop[ed]” because “it contributes to the dynamic intellectual environment on which our future success depends”). I am very keen to know how your proposed actions in response to the UCU’s action short of a strike tally with these values, and eagerly await your response.
With very best wishes,
Dr Simon Hall Senior Lecturer in American History School of History University of Leeds
P.S. I should like to make it clear that the views expressed in this letter are mine, and do not represent an official stance taken by my department or institution.
PLEASE SIGN HERE IF YOU AGREE WITH THIS LETTER. ADD YOUR OWN THOUGHTS.

Assessment boycott: 5 reasons to join the action

Dear colleague,

On Thursday the union will be asking you to join a comprehensive boycott of assessment and marking. I understand that is a big decision for any educator and I wanted to write to set out why the union believes it is so important that you join this action.

First, without significant industrial action there will be no further movement from the employers and all our pensions will be lower, with losses for some career academic and professional staff running into tens of thousands of pounds. I say this not in a defeatist way nor because I have anything but the highest regard for our negotiators, but because I believe it is true that without considerable external pressure, the employers will not budge.

Second, the democratic ballot conducted by UCU delivered an overwhelming mandate for action with 85% of those voting supporting an assessment and marking boycott. That strength of feeling now needs to be carried through into the action if we are to show the employers we mean business.

Third, because while the boycott will cause you and colleagues considerable difficulties and anguish, if we carry it out effectively it will hurt our employers’ business and reputation more.

Fourth, because despite the disruption they will face our students support us. This is true not just of the National Union of Students, although their solidarity with you is clear, but also of an ever increasing number of local student unions who understand that the downward pressure on pay and pensions within higher education will impact upon the quality of education we provide.

Fifth and finally, the most important reason is that the employers’ proposals are unjust and unnecessary. On the one hand, the scale of the problem with the USS deficit is multiplied because of the unsound methodology used. On the other the employers seek to use this exaggerated crisis to push through radical changes which will be impossible to undo. The result will be that staff working in the richest universities in the UK will have by far the lowest pensions – that simply cannot be right.

I have read like you about the many institutions who now say they are unhappy with the proposals made by Universities UK on their behalf. However, polite ‘behind the scenes’ criticism is not enough. Those institutions who share our concerns must now call upon their negotiators to think again and engage properly with your union.

Those employers, so far few in number, who are seeking to bully staff through threats of punitive pay docking need to think again too. The legacy of this dispute will last for years if employers make a difficult situation worse. No deduction of salary is easy to bear for staff but when major institutions like Imperial College choose to levy a sum of 25% of pay or less for participating in the boycott that just makes the decision of York University to threaten 100% pay deductions all the more obscene. 

The union will support members faced with punitive deductions both industrially and financially and institutions who bully their staff will face sector wide isolation, but there is no point in me being anything other than point blank honest with you. If we cannot resolve this dispute quickly, there is little doubt that members will face significant pay docking and that this will hurt financially. However, doing nothing will be costlier still given the cumulative losses to your annual pension income if the employers get their way.

Many members have already been in touch to ask practical questions about what they should and should not do during the boycott. A list of the questions so far can be found here. If you have questions that are not covered here please let me know and I will add your answered query so others will benefit.

I do not pretend that winning this dispute will be easy. Our first task is  to persuade the employers to negotiate seriously and that will be a challenge in itself. However, I can say that the union is with you 100% and we will do everything we can alongside your branch officers to defend your pensions.

Thank you for your support of the union.

Sally Hunt
UCU general secretary

PS If you know someone not yet in the union please pass this message on. If they join the union here, they can join the boycott.

Bullying & Harassment Awareness Day this Friday

The campus unions will be holding a stall on the concourse on Friday 31 October between 12 and 2pm to raise awareness around bullying and harassment in the workplace and how to tackle these serious issues. We are working with the HR team to develop new policies for the University on this theme and welcome your input. Please get in touch by email or drop by the stall. We welcome volunteers to help staff the stall on the day!

Useful resources: