Manual Workers' Joint Council Constitution - amendment

STATES OF JERSEY

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MANUAL WORKERS' JOINT COUNCIL CONSTITUTION: AMENDMENT

Lodged au Greffe on 30th June 2006 by the Chief Minister

STATES GREFFE

PROPOSITION

THE STATES are asked to decide whether they are of opinion

to re f er to their Act of 9th November 1961, approving the constitution of a Manual Workers' Joint Council

on the basis set out in ANNEX B to that Act, and to approve the following amendments –

In S e c ti o n 3 – Membership of the constitution –

(a ) in   th  e  first line of paragraph 3(a), delete the number "16" and insert the number "10";

(b ) i n   t h e second line of paragraph 3(a), delete the number "8" and insert the number "5";

(c ) in   th  e  fifth line of paragraph 3(a), delete the number "8" and insert the number 5';

(d ) i n   t h e third line of paragraph 3(b), delete the number "6" and insert the number "4";

(e ) in   th  e  fourth line of paragraph 3(b), delete the words "St. Helier Parish – 1 representative". In A p p e n d i x B of ANNEX B – Rules for the Conduct of Business –

(a ) I n   t h e first line of paragraph 7, delete the word "eight" and insert the word "four";

(b ) i n   t h e second line of paragraph 7, delete the word "four" in both cases and insert the word

"two" in both cases.

CHIEF MINISTER

REPORT

In November 1961, the States made an Act establishing a Manual Workers' Joint Council whose main function was to determine pay and conditions of service for manual workers employed in States departments and in the Parishes (Appendix). The Council has continued to meet on a regular basis since that time.

Under the Act of 1961, the membership of the Council consists of 16 members, of whom 8 represent the States and Parishes, and 8 represent the manual workers employed by the States and Parishes.

Of the 8 members representing the States and Parishes, 6 are representatives of the States; 1 a representative of St. Helier Parish; and 1 a representative of the Constables of Jersey. All 8 representatives of the employees are appointed by the Transport and General Workers' Union.

The States Employment Board, which is the employer for all manual workers employed in States departments, has agreed with the Transport and General Workers' Union that 16 members on the Council is too large a number and that a more realistic number would be 10. Of these 10, 5 would represent the States and Parishes and 5 would represent the employees.

Of the 5 members representing the Employers 4 would represent the States and 1 the Constables of Jersey. This has been agreed with the Comité and the Constable of St.  Helier, with the former confirming that it would normally expect its representative to be the latter.

It is also intended that the quorum for Council meetings will be reduced from eight to four, with a minimum of two from each Side.

It is also intended to reduce the composition of the Disputes Committee from 4 members from each side to 2 members from each side, but the Act does not need to be amended to achieve this. In moving to this position, the States Employment Board has given an undertaking to the Transport and General Workers' Union that at a meeting of the Disputes Committee at least one member of the Employer's Side will be a States member, unless agreement is reached to the contrary on any occasion.

There are no financial or manpower consequences arising from this proposition.

APPENDIX

ANNEX B

1961 ACT OF THE STATES – MANUAL WORKERS' JOINT COUNCIL

1. T i tle

T h e Council shall be known as the Jersey Manual Workers' Joint Council, hereinafter referred to as "the

Council".

2. Scope and function

T h e functions of the Council shall be as set out in Appendix A and shall relate to manual workers in the

employment of the States and other local services in Jersey except such workers as are already covered by separate agreement with any other representative organisations.

3. Membership

(a )  T he Council shall be constituted of 16 members, of whom eight members shall represent the States,

and other local services (hereinafter called "the employers") and eight members the workers employed by the States and other local services (hereinafter called "the employees").

(b ) T he Employers' representatives shall be appointed as follows –

S t a te s o f Jersey – 6 re p r esentatives S t . H e l ie r Parish – 1 r e p resentative T h e C o n n étables of Jersey – 1 re p resentative.

(c )  T he representatives of the employees be appointed by the Transport and General Workers' Union.

( d ) E ach side shall have power to appoint advisers to assist generally or on particular matters. The

advisers shall be entitled to take part in discussions, but shall have no power to vote.

4. R e tirementofmembers

T h e members of the Council shall retire on 30th day of June in each year and shall be eligible for re-

appointment.

5. C o nduct of business

T h e rules for the conduct of the Council's business shall be set out in Appendix  B hereto.

6. Amendmentof constitution

A m  endment of this constitution may be proposed only after notice thereof has been given to the Secretary

or Joint Secretaries and circulated to the members of the Council and to each of the organisations referred to in paragraph 3 hereof at least three months before the meeting at which the proposal is to be removed.

A n y proposal to amend this constitution must be approved by the majority of at least two-thirds of the

members on each side present and voting at the meeting at which it is moved; and any amendment of paragraphs 2 and 3 hereof must receive the assent of all the organisations referred to in paragraph 3 hereof.

APPENDIX A FUNCTIONS

The functions of the Council shall be to determine the terms and conditions of employment of the workers within its scope.

It shall be permissible for the Council to take any action that fails within the scope of the foregoing general definition. Amongst the more specific objects are –

(i ) T he consideration of wages, hours and working conditions.

( ii ) T he establishment of machinery with the object of preventing disputes and securing the speedy

settlement of differences. For this purpose the Council shall appoint a Disputes Committee consisting of an equal number of representatives of the employers' and employees' sides. For this purpose the members of both sides shall constitute a panel from which the representatives will be selected to sit as and when a dispute has to be dealt with. The decision of such Committee shall not require confirmation by the Council. The procedure for the reference and settlement of disputes shall be in accordance with Appendix C. The establishment of this machinery implies that there shall be no lock-out' by the Employers nor withdrawal of labour or refusal to work normally by the workers and that the decisions of the Disputes Committee shall be binding on the parties.

(i ii )  T he collection and publication of such statistics and information as may be required.

(i v )  T he consideration of the safety, health and welfare of the workers.

(v )  T he consideration of education and training.

(v i )  T he consideration of measures for the maintenance of and improvement in working methods.

RULES FOR THE CONDUCT OF BUSINESS

1. C o mmittees

T h e Council may appoint from its own members such Committees as may be considered necessary.

S a v e in the case of the Disputes Committee the proceedings of which shall not require confirmation by the

Council, the Council may refer particular matters to any such committee and the reports of all such committees shall be submitted to the Council for approval. Such approval may be given with or without modification.

2. C o -optedmembers

T h e Council or any committee thereof may invite the attendance of any person whose special knowledge

would be of assistance, but such person shall not have the power to vote.

3. C h airmanandVice-Chairman

A t i ts annual general meeting the Council shall appoint a Chairman and Vice-Chairman.

4. O  fficers

T h e Council shall appoint a Secretary or Joint Secretaries and may appoint a Treasurer, Auditor and such

other staff, if any, as it thinks fit.

5. M  eetings

T h e Council shall meet annually in the month of July and at such other times as may be necessary. The

Chairman shall call a special meeting, if so requested by members of either Side of the Council. The requisition and notice summoning any special meeting shall state the nature of the business proposed to be transacted thereat and no other matters shall be discussed. A special meeting shall take place within 14 days after receipt of the requisition by the Chairman.

6. V o ting

T h e voting on the Council and on all committees, including the Disputes Committee, shall be by show of

hands or otherwise as he Council or committee, as the case may be, shall determine. No resolution shall be regarded as carried unless it has been approved by a majority of the members present on each Side of the Council or committee as the case may be.

7. Q  uorum

T h e quorum of the Council shall be namely eight, namely four representatives of the Employers and four

representatives of the Employees. In the absence of a quorum the Chairman shall vacate the chair, and the business then under consideration shall be the first business to be discussed either at the next ordinary meeting or, if the meeting was a special meeting, at a further special meeting to be held within fourteen days after the date fixed for the first special meeting.

T h e quorum of a committee shall, subject to any directions given by the Council, be determined by the

committee.

8. N o tices of meetings

A l l notices of meetings of the Council and of any committee therefore shall provide full particulars of the

business to be transacted thereat and shall be sent to the respective members at least seven days before the date of

the meeting. Such notices shall also be sent simultaneously to each of the organisations referred to in paragraph 3 of the Constitution.

9. S e ttlement ofdifferences

I n t he event of the Council failing to reach agreement on any matter, such matter shall be referred to

arbitration by the Industrial Disputes Tribunal or to such other form of arbitration as the parties may determine.

10. F inance

C o m mon expenses of the Council which shall be deemed to include the expenses of any committee thereof,

but not any expenses incurred by members in attending meetings, shall be shared equally by the two Sides of the Council. Each Side shall bear its own expenses.

PROCEDURE FOR THE SETTLEMENT OF DIFFERENCES

Introduction

1. W hen it is apprehended that circumstances have arisen which may lead to a dispute over terms and conditions of employment between a department and its employees or a section of its employees the following procedure shall apply with a view to the consideration and settlement of the matterin dispute. The procedureshall lie through the followingstages –

(a )  i nitially, at the departmental level, between the chief officer and the departmental representative of

the employees, and thereafter the employing committee level if the first stage has failed to produce agreement;

(b )  t hereafter, on continued failure to reach agreement, at Joint Secretary level, in consultation with the

employing committee and the chief officer and the departmental representative of the employees;

(c )  t hereafter in the event of still further failure to agree, before the Disputes Committee of the Council. T h e procedure is set out in further detail in the following paragraphs.

Departmental level

2. T h e departmental representative of the employees will report the existence of the difference or dispute to the chief officer andrequest an interview for consultation. The report will normally be in writing with a full indication of the circumstances and the questionat issue. Thisprocedure shall not however, soactasto prevent an oral reportif the matter is ofurgency.
3. T h e chief officer will, after examination of the representations, consult with the departmental representative with a view to resolving the matter. If, in the opinionof the chief officer, the matter is one for reference to the EmployingCommitteein the first place, hewill, after consultation with the departmental representative, so inform them and refer the matter to the EmployingCommittee.

Departmental Committee level

4. I f the consultation between the chief officer and the departmental representative fails to settle the matter in dispute, or if the chief officer decides that the matteris one for consideration by the Employing Committee, the matter will be referred to the Employing Committee for consideration at the next appropriate meetingor at a special meeting if the circumstances justify. Atsuchmeeting the employees shall be entitled to be represented by the Jersey Official of the Union accompanied, if desired,by the Union'sdepartmental representative.

Disputes Committee

5. W  here reference to the EmployingCommittee fails toproduce a settlement the matter shallbe referred to the JointSecretaries for reference to the Disputes Committeeof the Council.TheJoint Secretaries shall first consider the circumstancesas reported and if they deemitappropriateendeavourto use their good offices to secure a settlement.
6. I f the Joint Secretaries are unable to secure a settlementthematter shall be considered by the Disputes Committee whose decisionshallbe final and binding.
7. I n theevent of the Disputes Committee failing toreachagreement the mattermaybyagreementbetween the Employers andtheEmployees' Sides of the Council be referred to the Industrial Disputes Tribunal or such other form of arbitration as they may determine, ontermsof reference tobeagreedby the twoSides.

8. T  he proceedings of the Disputes Committee shall be reported to the next appropriate meeting of the Council.

Strikes, lock-outs, working to rule or other unauthorised action

9. I n consideration of the foregoingprocedure the EmployersandEmployees' Sides agree that thereshall be no strike, lock-out, working to rule orotherunauthorisedactions, either before or atany stage of the procedure for the settlement ofdisputesand that they shall use their best endeavours to prevent such action or to bring it to an endifit occurs.