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Introduction

NYCC supports the principle of collective bargaining and believes in the value of resolution through discussion and agreement. This Agreement outlines the Council’s Employee Relations framework and defines reasonable time off arrangements to enable Trade Union representatives to carry out trade union duties and undertake training. Reference to Trade Unions in this Agreement will cover NYCC recognised Trade Unions and Professional Associations.

This Agreement complies with and is bound by the relevant legislation and guidance: [Sections 119, 168, 168A, 169, 170, 173(1) and 178 (1-3)] Trade Union and Labour Relations (Consolidation) Act 1992; ACAS Code of Practice [3] Time off for trade union duties and activities, January 2010; and DfE Advice on trade union facility time for school leaders governing bodies, employers and employees in schools January 2014.

Scope

This scheme relates to employees of North Yorkshire County Council employed in participating Schools and Academies who buy into this Agreement through the Professional Association Facilities arrangement and also through charging arrangements to Special Schools. The recognised Trade Unions covered are: ASCL; ATL, NAHT; NASUWT; NUT; VOICE; and UNISON.

Negotiations or consultations relating to School Support Staff terms and conditions do not fall under this scheme.

What is Covered

Employees who are County Secretaries or Local representatives of a recognised Trade Union listed above are entitled to reasonable time off during working hours primarily to attend union meetings, negotiations or consultations. This will usually be paid and includes:

  1. matters arising out of the use of grievance and disputes procedures which have been agreed between the teachers’ associations at authority level and the Local Authority and governing bodies;
  1. responsibilities of the teacher representatives to their unions.
  2. responsibilities of the teacher representatives in connection with the interests of their members in the schools;
  3. functions connected with the training of teacher representatives, including attendance at training courses arranged by the recognised teacher organisations at national, regional or authority level for this purpose.
  4. in these respects consultation with the authority will be part of those functions

It is expected that (b) above will include the involvement of members of the local committee of recognised teacher organisations in attendance at the meetings of those committees, which will not be expected to meet earlier than 4:00 p.m. on any school day, other than in exceptional circumstances. Item (c) is likely to include, without interfering with the normal functioning of the school, the convening of meetings of newly appointed teachers for the purpose of meeting them and explaining the advantages of membership of a recognised organisation.

Reasonable time off during working hours to take part in union activities will be granted and is likely to be unpaid. Activities include:

• meetings with full time officials, or branch, area, regional or national meetings of the union where the business of the union is under discussion.

• meetings of official policy making bodies such as the national executive or annual conference.

• workplace meetings to discuss and vote on the outcome of negotiations with the employer.

• voting in union elections.

Requests for Time Off

Before taking time off, accredited representatives and officials will obtain the approval of their Manager. The request will include the date, duration, general purpose and intended location and will be submitted with as much prior notice as possible.

Trade unions will have regard to the operational need to maintain staffing levels. Meetings with employees will not normally be in working hours except with the prior acceptance of management.

Disputes

Every effort will be made by the Council/schools and Trade Unions to resolve any disputes or grievances in relation to time off. In the first instance, the matter should aim to be resolved between the appropriate Manager and representative.

In the event that the representative is dissatisfied with the decision, the matter will be referred to the Head of HR, CYPS. If the matter is unable to be resolved at this stage, the Collective Disputes Procedure will be followed.

In the event that a manager suspects abuse of the Agreement or inaccurate requests for leave, the leave will be refused and the matter will be raised with the Trade Union Branch Secretary who will inform the Head of HR, CYPS. If disciplinary action is to be taken against any representative the Head of HR will be informed and will in turn inform the Regional Office.

Payments

Payments for approved time off with pay will be made at the contractual rate of pay. Payments include any contractual allowances or enhancements.

Payment for County/Branch Secretary and Convenor duties will be paid from the Facilities budget. Payment for time off for school duties will be paid from the school budget.

No payment will be made for duties carried out at a time when the union representative would not otherwise have been at work; with the exception of part-time workers who will be entitled to payment if their duties are undertaken outside their working hours but at a time when a full-time worker would have received payment.

Travelling expenses incurred by trade union representatives and officials will be reimbursed at the appropriate car mileage or public transport rates along with other appropriate expenses as set out in the terms and conditions of their substantive post. Expenses will be appropriate and must be connected with representing the interests of members. Expenses cannot be claimed for attending meetings where the representative has no members or in the pursuance of recruiting members. Expenses will be claimed on Form T6B and forwarded to Head of HR CYPS for approval and processing. Where permitted through appropriate conditions of service, applications for the green car lease scheme will be considered for union convenors.

Facilities

It is anticipated that the following will be provided:

  • notice board facilities to be provided by the LA or governing body without charge and the titles of the organisations to be inscribed on the board or boards. Multi-association boards should be used wherever possible;
  • use of telephone with reasonable privacy (if available), with payment for outgoing calls;
  • provision of a room for a meeting with the organisation’s members as required, providing reasonable notice is given;
  • use of school typing, duplicating and photocopying equipment, where available, for essential union work within the school providing this does not interfere with the work of the school and on a basis of repayment by the organisation concerned for the materials used.

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Funding

The cost of union representative release time is funded by delegation of funds from school budgets and from Academies opting into the arrangement; this is to cover salary costs and expenses. The total budget made available is determined by the Education Partnership and is de-delegated to the Local Authority. The Head of HR, CYPS, has budget responsibility and will monitor time off provisions.

Monitoring

Each representative will complete a quarterly return of activity to the Head of HR, CYPS. The Head of HR CYPS will, in turn, report activity to the Schools Forum on a quarterly basis.

Last reviewed: September 2015

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