Univ of Sunderland APT&C Staff Handbook: ch09 Consultation and negotiation procedures

9. CONSULTATION AND NEGOTIATION PROCEDURES (including Disputes Procedure)

1. Introduction

The following procedures outline the formal processes whereby consultation and negotiation take place within the University of Sunderland. Nothing that follows is seen as preventing informal discussions between representatives of management and representatives of the recognised Trade Unions. Consultation will be encouraged at all levels throughout the organisation to ensure that Union representatives are fully informed and consulted on all appropriate issues.

2. Consultative Procedure

Consultation is defined as a process by which Management regularly seeks the views, ideas and feelings of staff before decisions are made. Consultation with staff through recognised staff representatives is seen as a major issue in the development and promotion of a good industrial relations climate within the University.

Consultation with the University of Sunderland will take three main forms:-

i. Corporate Consultation - Joint Consultative Committee

The formal forum for consultation with recognised staff representatives on issues relating to the general corporate aims and objectives of the University of Sunderland is the Joint Consultative Committee.

The Joint Consultative Committee will meet at least once each term. The items which could be discussed would include:-

a. The development and implementation of the Corporate Plan;

b. Matters relating to the general organisation and management of the Corporation;

c. Other issues which cannot be dealt with either through informal consultation or the departmental consultative process.

The terms of reference, constitution and conduct of the JCC is attached as Appendix 1

ii. Departmental

Representatives of Management of the Schools/Services will meet informally with staff representatives to discuss issues relating to departmental organisation and change and other relevant matters.

iii. Safety Consultative Machinery

The Safety Joint Consultative Committee will continue in its present form to ensure trade union representatives are fully involved in the implementation of and adherence to the University's Policy on Safety, Health and the Environment.

3. Negotiation

Negotiation is the process by which two or more parties with different objectives seek to achieve a mutually acceptable outcome. the procedure for negotiation within the University of Sunderland recognises that National Bargaining Machinery exists for the HEFCE Sector and nothing in these procedures should prejudice or impede National Bargaining Machinery.

The following Trade Unions are recognised by the University of Sunderland for negotiating purposes:-

	Academic Staff		-	NATFHE
				-	AUCL
	Administrative & Technical	-	UNISON 
	Manual Workers		-	UNISON
a. Negotiation Procedure

The main forums for negotiations between the University and the recognised Trade Unions will be three Negotiating Panels. The terms of reference, constitution and conduct of the APT & C Negotiating Panel is outlined in Appendix 1(a).

b. Joint Negotiation

It is recognised that there may be occasions when there will be a need to negotiate with all recognised staff representatives simultaneously. Such special joint meetings, would take place in the forum of a Joint Negotiating Committee.

4. Disputes Procedure

In an instance where agreements are not reached and either side believes it will not be possible to reach an agreement then a meeting will be arranged with the Vice Chancellor within 7 working days. The issues of the dispute will be presented to the Vice Chancellor by a representative of management and representatives of the trade unions or employees concerned.

After considering the matter, the Vice Chancellor will confirm the decision in writing within 3 working days. The Vice Chancellor's decision is the final stage of the Internal Disputes Procedure.

The parties to the dispute will be mindful of the need to avoid unnecessary inflammatory action and no form of industrial action will be taken or balloted on by Management or Union, in relation to the matter under dispute until the Internal Disputes Procedure has been exhausted.

If no resolution is possible through these procedures, either side may refer the dispute to ACAS for advice or conciliation.

5. Reviews

The parties to this agreement accept that it needs to be kept under careful review in the light of changing circumstances. Either party may propose amendments in writing upon three months notice to the other party. Any variation may be introduced by agreement between the parties. APPENDIX 1

JOINT CONSULTATIVE COMMITTEE

i. Constitution

4 Representatives of Management }
3 Representatives of NATFHE }
1 Representative of AUCL } Branch Officers Only
3 Representatives of UNISON APT & C Staff }
1 Representatives of UNISON Manual Staff }

*Advisors may be present from either side and participate fully in meetings.

ii. Terms of Reference

The Joint Consultative Committee will be the formal forum for consultation with recognised staff representatives on issues relating to the general corporate aims and objectives of the University of Sunderland.

iii. Conduct of Meetings

a. The meetings will be convened once per term. Management will be responsible for agreeing the Agenda with the Staff Side Secretary, convening the meeting and circulating papers 7 days prior to the meeting taking place. The first item on the agenda would be to agree minutes of the last meeting and then consider any matters arising out of the minutes.

b. Joint Secretaries will be appointed for both the Staff Side and Management Side. Either side will be empowered to call additional meetings in exceptional circumstances.

c. The quorum for the J.C.C. will be six with 3 representatives from Management and 3 representatives from the Staff Side.

d. Management will chair meetings of the J.C.C.

APPENDIX 1 (a)

UNIVERSITY OF SUNDERLAND ADMINISTRATIVE, PROFESSIONAL CLERICAL AND TECHNICAL STAFF NEGOTIATING PANEL

i. Constitution

3 representatives of Management

3 representatives of UNISON APT & C Staff

Representatives will be appointed annually.

* Advisors may be present from either side and participate fully in meetings. ii. Terms of Reference The Panel is authorised to negotiate and reach agreement on any matter within the national framework, including local interpretation and implementation of national agreements. Other areas requiring discussion within the panel will be jointly determined and agreed. iii. Procedure a. The panel will meet at least once per term and as required by both parties. b. A representative of the Management side and Trade Union side shall chair meetings of the panel for alternating periods of 12 months. A quorum shall be 4 members of the panel with a least 2 named representatives from each side. c. Secretarial services will be provided by Management. d. Each meeting will commence with approval of the minutes of the previous meeting as an accurate record. APT & C NEGOTIATING PANEL CONDUCT OF MEETINGS 1. The meeting will be convened once per term. The Employers Side will be responsible for agreeing the Agenda with the Staff Side Secretary convening the meeting and circulating all papers 7 days prior to the meeting taking place. 2. Joint Secretaries will be appointed for both the Staff Side and Employers Side. Either side will be empowered to call additional meetings in exceptional circumstances. 3. The quorum for the Panel will be 4 with not less than 2 representatives from the Employers Side and 2 representatives from the Staff Side. 4. The Chair of the meeting will rotate annually between the Staff Side and Employers Side. 5. Agreements reached collectively at the meeting will be binding on both sides and where necessary recommended for Governing Body approval.


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