Model Recognition Agreement
Appendix 3: Recognition agreement
The Code of Practice makes it clear that once a union is recognised, the employer and the union should agree a method for conducting collective bargaining on pay, hours and holidays as a minimum, since otherwise recognition is virtually meaningless.
The agreement should set out sufficient detail to ensure that effective collective bargaining can take place. The agreement should provide that meetings will take place at regular intervals in the run up to a regular date of pay review, which is specified in the agreement.
The agreement should include provision for the union to be provided with sufficient information about the state of the employer’s business to allow meaningful negotiations to take place. It should also provide that the employer will be represented at the meetings by sufficiently senior managers to ensure that discussions are meaningful.
It is strongly recommended that a recognition agreement provides a mechanism by which any failure to agree or other collective dispute that arises can be resolved through negotiation or conciliation before any industrial action takes place. The parties may also wish to provide for independent arbitration in relation to any dispute.
A model Recognition Agreement is given below:
AGREEMENT BETWEEN
(NAME OF THE EMPLOYER)
AND
(NAME OF THE TRADE UNION)
IN RESPECT OF (NAME OF BARGAINING UNIT)
Section 1: THE AGREEMENT
This agreement between (Name of Employer) (the Company) and (Name of Trade Union) (the Union) is effective from (date).
The Company and the Union both accept that future mutual success depends on a successful business and the key to this is the commitment and involvement of the staff.
The Agreement builds on the best aspects of our relationship and it depends on mutual trust. It is based on our commitment to the objectives, principles and practices set out below.
·
A commitment to building a better, healthy working environment as part of a better business environment.
·
To work together to further the success of the business by enabling a flexible approach in a time of rapid and continuous change.
·
To work together in a spirit of mutual confidence and co-operation, both formally and informally.
·
To achieve fairness and equality in the treatment of staff, including transparent pay systems, contractual provisions that encourage equal treatment regardless of age, creed, disability, race or sex, and access to good vocational training and career development.
PRINCIPLES AND PRACTICES
·
Management recognises the Union’s right to represent staff and to consult with Management on behalf of all its members across a range of issues including those listed below, details of which are set out in Section 3:
Rates of pay
Hours of work
Annual and public/bank holidays
Etc
Etc
·
Each party recognises and respects the other’s different and shared interests;
·
Both parties seek to avoid conflict, which will result in damage to the business; should a dispute arise it shall be dealt with in accordance with the dispute resolution procedures set out below and during such dispute resolution, neither party will take any action to the detriment of the other party.
·
The union recognises management’s right and duty to manage.
·
Management undertakes to support the union’s recruitment efforts within the group of staff covered by this agreement, where appropriate.
·
The relationship will be based on transparency. The Company will provide to the union information about the state of the Company’s business, so as to allow meaningful negotiations to take place.
·
Not only will the minimum requirements of the law be adhered to but also the spirit of social legislation.
·
Respecting confidentiality and sensitivity of information is paramount.
·
The union recognises its responsibility to ensure representatives receive appropriate training to successfully undertake their duties. Similarly, management recognises its obligation to support and provide release for such training.
·
Unresolved conflict is a sign of mutual failure. Any conflict that may arise will be
managed in accordance with the agreed dispute resolution procedure as detailed
in section 2.
Section 2: DISPUTE RESOLUTION PROCEDURE
1.
The issue giving rise to concern to either party to this agreement will be discussed between Management Representatives, authorised by the Company to act on its behalf, and Staff Representatives (including Shop Stewards) at a regular or specially convened meeting, such discussions to be undertaken in the spirit of this agreement. Notes of the outcome of discussions will be taken and circulated to those present.
2.
If there is a failure to resolve the issue to the mutual satisfaction of both parties, then reference shall be made to a Director of the Company and to the full-time Officer of the Union or in his/her absence to his/her nominee. A meeting of the Director and Officer (or nominee), in the presence of Staff Representatives/Shop stewards if agreed by both parties, specifically focused on the issue of concern will be held within 15 working days. Notes of the outcome of discussions will be taken and circulated to those present.
3.
If there is a continued failure to agree, within a period of 15 working days from the date of the above meeting both Parties will jointly seek third party conciliation facilities via the Jersey Advisory & Conciliation Service, (JACS) in order to ensure that every effort is made to resolve the conflict within the spirit and procedures contained within this agreement.
4.
The union is committed to a procedure requiring an independently monitored, secret postal ballot on all issues amending pay & conditions of employment.
5.
Non-resolution of the issue will be recognised by both parties as a mutual failure to achieve the principles and practices set out above. If the issue is not resolved by third party conciliation, both parties will give full and proper consideration to a reference to a mutually acceptable Arbitrator, whose decision shall be binding on both Parties. In the event that the Parties do not agree to refer the issue to an Arbitrator, it is recognised that some form of action may take place.
6.
In the event that the parties wish to seek arbitration, JACS are able to appoint an arbitrator from the Acas Panel of Arbitrators after consultation with the parties.
7.
No industrial action will be taken by employees of the Employer, who are members of the Union, in furtherance of or in connection with any dispute or grievance with their Employer without a majority of those employees having voted in a secret ballot to take that industrial action. In any such circumstance, the Union will give the Employer at least 7 days notice in writing of such action (or such greater period as is agreed – note that a minimum of 20 days notice is regarded as reasonable in essential services).
Both Parties undertake to maintain the Status Quo as far as normal business and trade union relationships are concerned and neither Party will take any action to the detriment of the other Party until a properly conducted secret ballot has taken place, all other attempts at dispute resolution having failed.
Status Quo
: In the event of any difference arising that cannot be resolved, then whatever practice or agreement existed prior to the difference shall continue to operate pending a settlement under the Dispute Resolution Procedure. It shall be the spirit and intention of both Parties that there will be no undue or unreasonable delay in progressing issues through the agreed procedure.
Section 3.
Pay review date:
(date)
Rates will be reviewed annually at each pay review date. A pay review meeting with staff representatives/shop stewards will be held at least (number) weeks before each annual review.
Rates of pay effective from the date of this agreement
(List of job categories and rates of pay expressed as hourly, weekly or annual sum.)
(Statement concerning any agreed overtime or shift rate)
Normal hours
of work
(Detail the normal working hours/commencement and finish time and the days of the week over which the hours will be spread e.g. 40 hours per week, 8 a.m. to 5 p.m. Monday to Friday with an unpaid 1 hour lunch break between the hours of 12 noon and 2 p.m.)
Annual holiday
Holiday
pay for new starters will be based on (number) working days per annum (see Holiday Year below) and will be calculated on a pro-rata basis from the date of commencement until the end of the Holiday Year. In the first year of employment holidays will, therefore, be earned on a month-by- month basis but may only be taken during the probationary period (as set out in the written terms of employment) at the discretion of Management.
After 1 year’s service, holiday entitlement will be (number) of working days/weeks (delete as applicable) per annum. (List any increased holidays that accrue with increased service).
The Holiday Year commences on January 1st (or such date as is agreed) and finishes on December 31st (or such other date 12 months after commencement of Holiday Year). Holiday periods exceeding two (2) weeks may only be taken by prior agreement in special circumstances, at the discretion of management. Holidays not taken during the Holiday Year may only be carried forward to the next year with the written permission of your manager.
Holidays shall be allocated (state how holidays are allocated e.g. "first come, first served" or on a length of service seniority basis up to the last working day of January).
State any specific period in the year when a certain amount of holiday must be taken e.g. one week of holiday entitlement must be taken in the period January to March or October to December, excluding Easter and Christmas periods, or periods of the year when holidays may not be taken.
Public and bank holidays
An employee shall also be entitled to leave with a normal day’s pay on Public and Bank Holidays or, if required to work will be paid (state the rate of pay for such working e.g. basic pay, time and a half etc) and will receive compensatory time off in lieu to be taken at a mutually convenient time.
Note 1:
The employer and union may agree that the scope of the collective agreement will include specific provision to cover the following areas, and any other terms that the parties agree will be appropriate. If so, sufficient detail should be included under each heading to describe adequately the negotiated provision.
Examples of such provisions could include:
Sickness and injury terms
Maternity/paternity leave
Redundancy terms
Note 2:
In addition to the terms as set out in this agreement, each employee must be given Written Terms of Employment, at the latest within 4 weeks of commencing work. Details of matters to be included in the Written Terms can be obtained from JACS in hard copy or electronic format on www.jacs.org.je
Section 4: Review of pay and conditions
This Agreement shall continue to be in place unless (6) months notice to terminate is given in writing by either party. Rates of pay and or other conditions as set out in section 3 will be reviewed with representatives of the trade union on (date) each year in line with usual negotiation methods or in line with long-term agreements. This commitment to review does not necessarily mean that pay or conditions will be increased.
If either party seeks to amend any aspect of the agreement or working methods currently in place, then that party shall give (period of time e.g. one calendar month) written notice of their requirement to discuss such change(s) to the other party.
In the event that such notice is given or received, a consultative meeting between authorised company representatives and staff representatives/shop stewards will be arranged by the company. The full-time officer of the union may request that he/she is present at any such meeting and the company shall not unreasonably refuse such a request.
Signed for and on behalf of Signed for and on behalf of
(Company name) (Trade union name)
................................... ...................................
Date of signature:
JACS/February 2008