THE SOUTHERN BARGAINING PROCEDURES
Introduction
Southern give a number of key commitments:
Collective Bargaining
Southern reaffirmed its recognition of trades unions and of the principle of collective bargaining for its staff covered by procedure agreements.
Existing Contracts
Southern confirmed that the introduction of these procedure agreements would not, of itself, bring about any change to the substantive agreements upon which employees’ contracts of employment are based. Substantive agreements will continue to operate unless or until they are changed by agreement.
Southern has not, however, given an absolute commitment that any such variations would only be agreed within the Company Council. Agreements may be varied by agreement at whatever level and in whatever forum is appropriate to the particular question.
In line with this, Procedure Agreement 1 specifies that nominations for the appointment of representatives at company level shall be submitted by the relevant trades unions and that, at the local level, nominees and nominators for election as local representatives shall be members of a relevant trade union. Voters must be members of a relevant trade union also.
Southern emphasised that circumstances could arise in the future which might cause it to reconsider its position on recognition. However, if such circumstances were to arise, Southern would first raise the matter with the relevant trade union.
Statutory Obligations
Southern confirmed that it would continue to meet its statutory obligations in areas such as health and safety and time off for trade union duties and activities.
General Collective Bargaining
Procedure Agreement 1:
Parties
1The parties to this Agreement are Southern on the first part and the trade unions (the Associated Society of Locomotive Engineers and Firemen, the National Union of Rail, Maritime and Transport Workers, and the Transport Salaried Staffs’ Association) on the second part.
Object
2The object of this Agreement is to provide a procedural framework for collective bargaining and joint consultation in the interest of Southern and employees in partnership, through a representative system.
Scope
3Excepting executive and management staff, all employees of Southern whose terms and conditions are regulated by joint agreements with trade unions shall be within the scope of the collective bargaining procedure established by this Agreement.
General Principles
4The collective bargaining procedure established by this Agreement is founded upon the following principles:
The processes of collective bargaining and joint consultation must add value to
Southern; they must contribute to the achievement of business objectives;
The collective procedure must support Southern’s efforts to instil in its people an emphasis on the customer, both internal and external and be aligned to the Company’s Mission, Values and Objectives;
Decision-making authority must rest at the lowest level appropriate to the subject matter in question;
Staff are to be treated first and foremost as people with individual needs and expectations. Southern’s objective is to become known as a good employer that values its people for the contribution that they make to the well-being and future progress of its business. Collective procedures must allow the development of practices which are in line with the value which the businesses place on their staff;
The processes of collective bargaining and joint consultation rest upon the concept of mutuality. Within the procedure established by this Agreement, mutuality will be underpinned by joint regulation of those questions appropriate for discussion and resolution, and by co-operation through discussion on those matters appropriate for consultation. The aim is to develop mutual trust between Southern and its employees;
The collective procedure is an important channel through which staff have an opportunity to participate in and be consulted upon questions and matters concerning their employment. In order that the dialogue within the procedure can be both representative and effective, Southern recognises the right of the individual to join an appropriate trade union of their choice.
5In pursuance of these principles and as a contribution to employee involvement and participation through the process of collective bargaining and joint consultation, the general collective bargaining procedure established by this Agreement:
Provides for representation at appropriate management levels, at Joint Remuneration Group, Company Council and Local level
Deals with collective questions only. Issues involving individual members of staff will be dealt with under the separate individual grievance procedure
Provides the means for questions to be resolved as speedily as possible at the lowest level possible.
6The parties to this Agreement accept that they have a joint responsibility to ensure that the acceptance of proposals is not unreasonably withheld and, once questions or matters have been settled, to take all reasonable steps to ensure their successful implementation. They further accept that differences and disputes will be dealt with by way of the appropriate agreed procedures. No form of industrial action will be undertaken until procedures have been exhausted. No trade union party to this Agreement will afford any form of support for unofficial industrial action, either contemplated or initiated, by any of its members, every endeavour will be made by the relevant trade union to resolve the matter with Southern through the procedures contained in this Agreement.
The Collective Bargaining Procedure
7The collective bargaining procedure established by this Agreement shall be
comprised of the following bodies, the constitutions of which are set out in the specified Annexes to this Agreement:
Joint Remuneration GroupAnnex A
Company CouncilAnnex B
Local representationAnnex C
8The Company Council may by joint agreement vary its constitution, provided that the varied constitutional arrangements are based upon the general principles of this Agreement.
Interpretation
9Questions of interpretation of substantive agreements reached within the collective bargaining procedure established by this Agreement shall be dealt with by the parties to the substantive agreement in question within the body at which the agreement was reached.
Duration
10This revised Agreement shall take effect on 1st December 2009.
11The parties to this Agreement may amend it by agreement in such ways as they think fit at any time. Either party may terminate this Agreement by giving twelve months notice in writing to the other party.
General Collective Bargaining
Annex B to Procedure Agreement 1
Constitution: Company Council
Scope
1BExcepting executive and management staff, all employees of Southern, whose terms and conditions are regulated by joint agreements with trade unions shall be within the scope of the Company Council.
Membership
2BThe employer’s representatives shall be appointed by the Managing Director.
3BThe Company Council shall be appointed by the arrangements specified in paragraph 5B for the constituency namely Southern, on the basis of normally no more than two representatives for each grade group. Details of representation are contained in annex 1 to these procedures.
4BEach staff representative shall be an employee of Southern and shall have not less than twelve months’ service with Southern and shall be a member of a relevant trade union.
5BNominations for appointment to be a staff representative shall be submitted by the relevant trade unions to the employer’s representative of the Company Council. Where the number of nominations submitted by the trade unions exceeds the number of vacancies, an election will be conducted jointly by representatives nominated by the Managing Director and by the trade unions. Such elections will be by secret ballot of all the employees in the constituency who are members of trade unions party to this Procedure.
6BThe period of office of staff representatives will be three years, but they may
be re-elected.
7BCasual vacancies will be filled under the arrangements specified in paragraph
5B.A representative appointed to fill a casual vacancy will hold office for the remainder of the period for which his/her predecessor was appointed. In the event of the long term absence of a representative, the office may be covered by co-option, the person co-opted shall not hold office for longer than the remainder of the period for which the office holder was appointed. Those appointed or co-opted under these provisions shall meet the requirements set out in paragraph 4B.
General Collective Bargaining
Annex C to Procedure Agreement 1
Arrangements for Local Representation
General Principle
1CThe general principle underlying the procedure is that matters and questions
should be discussed and decided at the lowest appropriate level.
Representation
2CLocal representatives will be elected for constituencies based on groupings as agreed with the Full Time Officers and Company Council.
3CThe boundary of a particular constituency at local level will be related to local circumstances and will normally be based on groups of grades and match the area of responsibility of the local manager.
4CRepresentation will normally be on the basis of:-
one representative for each constituency between 1-19 employees
two representatives for each constituency between 20 -99 employees
three representatives for each constituency over 100 employees.
Elections
5CCandidates For Election As Local Representatives Must:
(i)Have a minimum of twelve months’ service
(ii)Be currently working within the constituency in question
(iii)Be a member of a relevant trade union party to this Procedure
(iv)Be supported by not less than six qualified nominators from within the constituency in question. In the event of there being fewer than six qualified nominators within a constituency, the arrangements for nomination shall be determined by the Company Council.
6CAny employee who satisfies the requirements of 5C(i), (ii) and (iii) will be
qualified to nominate a candidate for election as a local representative.
7CElections will be by secret ballot of all the employees within the constituency in question who are members of trade unions party to this Procedure.
8CThe period of office of local representatives will be three years, but they may
be re-elected.
Annex B
Company Council Representation
Grade GroupNo of Representatives
Drivers3
Conductors2
Station Staff (TSSA)2
Station Staff (RMT)2
Revenue Protection (TSSA)1
Revenue Protection (RMT)1
Train Environment2
Train Hosts/Welcome Hosts (RMT)1
Train Hosts/Welcome Hosts (TSSA)1
Engineering (Salaried)1
Engineering (workshop)2
Engineering Shunters1
HQ Administration1
1
Bargaining Procedures December 2005 – Agreement 1 updated and agreed December 2009