'Bullying' claims at NWRC Derry

Management at Derry’s North West Regional College (NWRC) have been accused of “bullying and harassing” teaching staff in an attempt to “break” ongoing strike action.

The claim, from a lecturer who contacted Derry Now, followed receipt of a “threatening” letter signed by Principal and Chief Executive, Leo Murphy.

In his letter, Mr Murphy referenced the ‘Action Short of Strike’ being undertaken by members of the University and College Union (UCU) in the college.

Lecturers are taking the action, which may escalate to withholding assessment and examination marks from college systems and awarding bodies, in pursuit of their 2023/24 pay claim.

The lecturer said: “I was shocked when I received this letter last week. However, on reflection, maybe I shouldn’t have been.

“Our ongoing strike action for decent pay and conditions is legally mandated by our union, which is why I consider the closing paragraphs of Mr Murphy’s letter to be extremely threatening.

“Essentially, management at NWRC is bullying and harassing us in an attempt to break our more than justified strike action. It will not work.”

Concluding the letter to lecturing staff, Mr Murphy wrote: “We are of the view that withholding assessment and examination marks, non-participation in open days and other recruitment activity and the ongoing action regarding continuous non-use of EBS [Educational Business System], constitutes a breach of the employment contract.

“As a result, if we cannot resolve matters with UCU and the LRA [Labour Relations Agency], the College will write again to explain what we propose to do about that breach of contract.”

Derry News understands lecturers at all further education colleges across the North, members of UCU and other unions, have subsequently received similar letters from their principals.

Martina Donald, who is the UCU Branch Secretary in NWRC described Mr Murphy’s letter as a deliberate action to undermine the escalation of ‘Action Short of Strike’.

She said: “It is a scaremongering tactic aimed at newer members of staff in particular who fear for their employment. They are uncertain as to what could happen.

“They may have the mistaken idea pay can be deducted immediately, without any information going to UCU. The letter has caused great concern among the newly appointed, younger members of staff.

“It is also of concern to the substantial number of part-time staff we have in the college, who feel that their jobs are in jeopardy if they participate in the escalation of ‘Action Short of Strike’.

“However, the letter has just angered many of our members. Effectively it has strengthened their resolve to ensure this action is going to be participated in fully. In fact, at the minute, a lot of the progress boards don’t have any results because lecturers have made the statement they are withholding marks on the basis of the escalation of the industrial action.”

Ms Donald said she wanted to reassure lecturers their ongoing industrial action was legal.

“Lecturers can’t be penalised on the basis of their union asking them to participate in legal industrial action,” she added. “Yes, it is a breach of contract and the college can do ‘partial performance’ however, UCU has to be notified prior to that.

“I would also encourage members to attend the information sessions I am delivering on the whole subject.

“Supporting the union is paramount. It shows the strength within our union at NWRC. Traditionally that is something we have always had. Whether it is in the Derry water or not I don’t know.”

According to Ms Donald, government legislation protects members participating in UCU’s lawfully balloted industrial action.

She said: “The letter stipulates management can’t negotiate on the basis of pay. We have already advised them on terms and conditions and they have refused to engage with it.

“Therefore they are putting the cart before the horse even mentioning a conciliation process. To embark on a conciliation process, they need to have an offer on the table.

“In addition, we haven’t had any public statements from any of the principals of the further education colleges in support of our action. If you look at the post-primary schools, their principals are on their picket lines. Our principals are audibly silent despite the fact they are saying they are in support of our action.

“I am also aware the NEU [National Executive Union], which represents managers and principals, has advised its members not to undermine the industrial action.”

The UCU Branch Secretary said Further Education managers and principals need to take a “proactive” stance.

“They need to be more vocal. They need to be lobbying the politicians,” she said, “although politicians have refused to speak to them to be quite honest, on the basis they are not being proactive in support of lecturers.”

Ms Donald said she found it ironic the Chair of the NWRC Board of Governors had sanctioned Mr Murphy’s letter.

“The chairperson took exactly the same ‘Action Short of Strike’ at Ulster University, Magee, when their dispute was ongoing, yet, he was not threatened with ‘breach of employment contract’ by his employers.

She added: “It is all a threat and it is despicable. Any time there is a deficit or there are ‘efficiencies’ to be made, it is always the lecturing staff who are targeted. 

“Management tells us: ‘We can’t afford to pay you’, ‘We want to change your local agreement’, ‘We want to change your terms and conditions’, ‘We want you to teach more’, ‘We want to change your sickness pay’.

“Our members are very angry. In fact, one member in particular said to me he was ‘delighted’ to get such a letter because it clearly revealed how management treated staff.

“I would go as far as to say, the mood among UCU members at NWRC, as a result of this letter, is, ‘Bring it on.’”

Derry News also contacted North West Regional College regarding Mr Murphy’s letter to UCU staff.

We asked: “How does NWRC management and Board of Governors respond to allegations of bullying and harassing staff?

“What action is NWRC management and Board of Governors proposing to take against UCU members engaged in legally sanctioned UCU action?

“In terms of a 'conciliation process', what offer is NWRC management and Board of Governors bringing to such a process for UCU staff to consider?

“Why has NWRC management and board of governors not supported its UCU lecturers in their demands?”

Derry News received the following reply from Brown/O’Connor communications consultancy.

A spokesperson for the college said: “At NWRC we value our staff and their commitment to our students. We also fully recognise their need for a pay increase.

“Further Education Colleges, however, like many public bodies in Northern Ireland, are now operating in some of the most challenging circumstances we have ever faced. It is against these difficult fiscal challenges, and the limiting current NI public pay policy guidelines, that colleges must currently operate.

“The College respects the right of any union to take action. Where students are impacted, however, we have a right and responsibility to speak out. Should this proposed action go ahead, we believe it will have a detrimental impact on our students.

“Both teaching and assessment are core parts of a lecturer's contract and large parts of assessment are conducted by college staff in the first instance. Student grades must pass through exam bodies and their formal quality assurance mechanisms to be validated.

“We are asking that no student has their future studies or career put at risk by the withholding of grades as part of any such action short of strike. 

“We remain committed to working with Trade Unions to find a resolution and hope that potential movement in the broader Northern Ireland context will provide a breakthrough to this unfortunate impasse that has gone on much too long.”