LEAD MEMBER:Councillor Rodney Skelland

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AGENDA ITEM NO. 14

REPORT TO: / Executive Board
REPORT NO: / CLDSO/61/10
DATE: / 1June2010

LEAD MEMBER:Councillor Rodney Skelland

(Regeneration and Corporate Governance)

LEAD OFFICER: / Chief Legal and Democratic Services Officer
CONTACT OFFICER: / Trevor Coxon, Chief Legal and Democratic Services Officer (Tel: 292202)
SUBJECT: / Revision to Terms of Reference
Non-Teaching Joint Consultative Committee
WARD: / N/A

1PURPOSE OF THE REPORT

To consider a revised Terms of Reference for the Non-Teaching JCC in accordance with a request made by the Unions at the JCC meeting on 10 December 2009.

2.EXECUTIVE SUMMARY

2.1Following a request from the Trade Union Representatives on the existing Non-Teaching JCC, the terms of reference and constitution of the JCC have been reviewed and revised taking into account current provision in neighbouring authorities.

2.2Attached as Appendix 1 is a revised constitution for consideration by the Board with expanded terms of reference giving more clarity; streamlined membership provisions; and giving clear guidance as to how issues from JCC are dealt with in the Council’s executive arrangements.

2.3At its meeting on 11 March the Non-Teaching JCC considered the revised constitution and with one addition which is reflected in Appendix 1, recommended that the Executive Board approve it as drafted.

3RECOMMENDATION

3.1That Members approve the revised Terms of Reference for the Non-Teaching Joint Consultative Committee attached at Appendix 1 to this report.

3.2That, subject to Members approving the revised Terms of Reference, 7 Members be appointed to the Non-Teaching Joint Consultative Committee, in accordance with the wishes of the Political Groups, on the following political balance basis:

Liberal Democrat/Independent Alliance Group - 2 seats

Labour Group - 1 seat

Wrexham Independent Group -1 seat

West Wrexham Independents Group - 1 seat

Conservative Group - 1 seat

Independent Group - 0.54 of 1 seat

Plaid Cymru - 0.54 of 1 seat

REASONS FOR THE RECOMMENDATION

To provide an up to date constitution for the Non-Teaching JCC and to provide clarity of reporting relationships with Members.

Trevor Coxon

Chief Legal and Democratic Services Officer

4BACKGROUND

4.1The current Terms of Reference for the Non-Teaching JCC have been in existence since approximately 1996. The Chief Legal and Democratic Services Officer (CLDSO) was asked to attend a JCC meeting on 10 December 2009 to respond to a number of issues clarifying the role of JCC and its connection with the Council’s democratic procedures. At that meeting, the CLDSO was asked to review the current Terms of Reference and Constitution of the JCC in light of some comparative documents sourced from other neighbouring authorities who had revised their terms of reference somewhat more recently.

4.2Having reviewed these alternative constitutions it was apparent that despite its age, the Council’s existing JCC Constitution was not far out of phase with those of other authorities. Having said this what has become apparent is that the major discrepancies are:

(i)This Council’s JCC membership is far greater than other authorities whose total memberships range from 14 to 18 Members split equally between employer and employee representatives. The attached proposal therefore suggests a membership of 7 Elected Members and 7 Union representatives.

(ii)In other constitutions there is greater clarity as to what is and what is not an issue for the JCC. For example, National issues are generally excluded from JCC consideration as are issues relating to individuals or a single group of individuals. A number of changes are therefore included to give that clarity to Wrexham’s JCC constitution.

(iii)Although raised as an issue by the Union representatives there was no precedent which the CLDSO could find of a JCC dealing with formal grievance proceedings and so this is not contained in the draft attached. Indeed this has now been the subject of other procedures prepared by the interim Chief Human Resources Officer and approved by this Board in April.

(iv)One significant area of clarification which is now included is the relationship between this JCC and other democratic machinery of Wrexham Council. Effectively the reporting relationship is to the Executive Board and it is proposed that such items from the minutes as are agreed by the JCC membership can be referred to the Board for consideration. An additional provision has been included following consideration at the JCC meeting in March to permit Union representatives to attend and speak at the Executive Board when a matter is referred in this way.

4.3The draft attached as Appendix 1 to this report is a document which subject to the change referred to in paragraph 4.2 (iv) can be recommended to the Executive Board for approval.

5.CONSULTATION

The attached has been prepared at the behest of and in full consultation with the non-teaching trade unions and members of the non-teaching JCC. Subject to the minor amendment to paragraph 8 of Appendix 1 as referred to in para. 4.2 (iv) above, the Non-Teaching JCC recommends this revised constitution to the Board for approval.

6.SCRUTINY COMMITTEE COMMENTS

This report has not been considered by a Scrutiny Committee.

7.IMPLICATIONS

7.1Policy Framework – The JCCs are an important component within the overall suite of HR policies and strategies to maintain a constructive dialogue between the Council as employer and its employees to foster good labour relations; facilitate good communications and permit consultation on corporate issues with HR implications.

7.2Budget – There are no direct budget implications as a result of adopting these revised terms of reference for the Non-Teaching JCC.

7.3Legal – Any legal implications are dealt with in the main body of the report.

7.4Staffing – The whole report deals with staffing issues but there are no direct staffing implications arising from the change of terms of reference of the JCC

7.5Equalities/Diversity – There are no more equality implications than already apply to the existing constitution.

BACKGROUND PAPERS
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APPENDIX

NON-TEACHING UNIONS

WREXHAM COUNTY BOROUGH AND NON-TEACHING UNIONS JOINT CONSULTATIVE COMMITTEE

CONSTITUTION AND FUNCTIONS

1.TITLE

This forum shall be called “The Joint Consultative Committee For Local Government Employees and Elected Members (Non-Teaching)” ( The Non-Teaching JCC).

2.Terms of Reference

2.1The purpose of the Committee is to foster good industrial relations and facilitate communications within the Council through a forum for consultation on corporate issues between representatives of Elected Members of the Council and Trade Union representatives from each of the main recognised Trade Unions for NJC local government staff represented at Wrexham County Borough Council such Unions specified more particularly in sub paragraph 3.3 below.

2.2To provide an opportunity for discussion between elected Members, Council Officers and Trade Union representatives regarding local terms and conditions of employment, local practices, corporate initiatives, and matters relating to the clarification of National or provincial agreements where their application in the Council is a cause of confusion or conflict. This may include issues where a major dispute is in evidence or emerging.

Collective departmental issues which have exhausted all other avenues for resolution internally may be placed on the agenda subject to the Chair’s approval.

Issues which are excluded are:-

2.2.1any matter which conflicts with the principles of any appropriate National or provincial agreement on the same matter.

2.2.2matters relating solely to the affairs of a single individual or of a single group of individuals (which should be dealt with through the grievance procedure, disciplinary procedure or other appropriate formal procedure).

2.2.3matters solely the function of another body.

2.2.4matters which are subject to national or provincial negotiation.

2.3To provide opportunities for employees to have a wider interest in, and greater responsibility for, the conditions under which their work is performed;

2.4To consider any relevant matter referred to it by the Executive Board, the Council or a Committee of the Authority or by a recognised Trade Union.

3.REPRESENTATION

3.1The Non-Teaching JCC shall comprise 14 Members in total. (Members shall retire annually and be eligible for re-appointment.)

3.27 Members (the “Employer Representatives”) shall be elected Members of the Council (including the Executive Member with the Lead Role for HR)

3.37 Members (the “Employee Representatives”) shall be employees of Wrexham County Borough Council and be appointed by the Trades Unions side, comprised of the following Unions:

UNISON

UNITE

GMB

3.4If an Employer Representative ceases to be a Member of Wrexham County Borough Council or an Employee Representative ceases to be an employee of the Council, then he/she shall thereupon cease to be a member of the Non-Teaching JCC. The vacancy thereupon arising being filled in the case of an Employer Representative through the usual nomination process operated by the Council and in the case of an Employee Representative by the relevant Trade Union. In addition at any one time, there may be two observers from the Teaching Unions recognised by the Council if any matter of concern to the Teaching Unions is being discussed.

3.5Where another recognised Union representing employees of the Authority wishes to have an item raised at the Non-Teaching JCC, which comes within the Non-Teaching JCC’s terms of reference, then with the consent of the Employee Representatives this may be done. The item will then be put forward for the agenda in the normal way, through the Employee Representatives’ Secretary.

The Union in question may be represented at such a meeting for the duration of that item only, but will not be a full member or have a right to vote.

3.6Both sides of the Non-Teaching JCC will be allowed named substitutes from their membership to allow full membership of the Non-Teaching JCC at any time. During such attendance a substitute will have the same powers as a full member of the Committee.

3.7Where the Employer Representatives wish to discuss a matter which may affect members of a recognised Union other than those participating in this Committee, then a representative of that Union may be invited to attend with the consent of the Employee Representatives.

4.CHAIR AND VICE CHAIR

A Chair and Vice Chair shall be appointed by the JCC at its first meeting after the Annual Meeting of the County Borough Council and hold office for the duration of the municipal year.

If the Chair appointed in any year is from the “Employer Representatives” the Vice Chair shall be appointed from the “Employee Representatives” and vice versa. The Chair will alternate annually.

If both the Chair and Vice Chair are absent from a meeting, the Members present shall elect from among their number, a person to take the chair for the meeting. The Chair of a meeting shall not have a second or casting vote.

5.COMMITTEE SECRETARY

The Council’s Chief Legal and Democratic Services Officer shall act as Secretary to the Committee

6.ADVISERS

6.1The Chief Executive, Chief Human Resources Offcier, Chief Legal & Democratic Services Officer and Chief Finance and Performance Officer of the Council or their nominated substitutes, shall be entitled to attend all meetings and fully participate in meetings but not be entitled to vote.

6.2In addition, each side shall have the right to request the attendance, in a consultative capacity, of:-

6.2.1No more than two officers of a particular Department with respect to a particular item under consideration. Such officer(s) may only attend for the period during which the particular item is under consideration and provided notice of the request is made no less than ten working days in advance of the meeting to the Secretary.

6.3The full-time officials of the Unions from which the Employee Representatives are selected shall be entitled to attend and fully participate at meetings of the Non-Teaching JCC but shall not be entitled to vote thereat.

6.4Where under items 3.5 or 3.7 an item is raised by a Union not represented on the Committee then the full-time official of that Union may attend as an adviser for the relevant item(s).

7.MEETINGS

7.1The Non-Teaching JCC shall meet as and when required but shall be scheduled to meet at least four times per year. The Chair and/or Vice Chair may direct the Secretary to call a meeting at any time.

7.2A special meeting shall normally be called within 10 working days of the receipt by the Secretary of a requisition signed by not less than four members of either side. This period may be extended by mutual consent. Those matters which are to be discussed shall, following joint agreement of both the Officers advising the Employers’ representatives and the Employees’ Representatives, be stated on the notice summoning the meeting.

7.3The venue for meetings of the Non-Teaching JCC shall be the Guildhall in Wrexham

7.4Meetings of the JCC shall normally take place during the working day. Reasonable paid time off work will be allowed by the Authority to enable each side to hold a preliminary meeting of members in advance of a formal committee meeting.

7.5Notice and an Agenda shall be circulated to all members of the Committee at least 5 working days prior to meetings by the Secretary. The Notice and Agenda will also be sent to the Chief Executive, Directors, Chief Officers and the local Officers of the Trades Unions recognised by the Authority

7.6No matter shall be raised in the JCC without it first having been considered by the appropriate Officer of the Council and Trade Union representative and until/unless all appropriate internal mechanisms have been exhausted.

7.7No item shall be included on the agenda unless relevant background documentation has been provided at least 10 working days before the date of the relevant meeting with a sufficiently detailed written report from the relevant side. The background documentation to enable parties fully to understand the issues and respond at the meeting. . Any report dealing with a “failure to agree” (or difference) with the Unions at Officer level (which may be a joint report) shall specify the detail of the difference.

7.8Questions to Officers of the Council or Trades Unions may be included as an Agenda item so long as they are submitted in writing to the Secretary as in sub-paragraph 7.7 above. Where it is agreed that a question can be dealt with by an Officer and progress made outside this Committee, then the item will be excluded from the Agenda

7.10Any other urgent items of business not previously included on the agenda for the meeting may, with the express consent of both sides, be discussed at the meeting. No urgent items will be considered unless they are so urgent that they could not genuinely have been notified to the Secretary in accordance with the procedure in sub-paragraph 7.7 above

7.11The quorum for the Non-Teaching JCC shall be 3 representatives of each side. The participating Unions shall, at the start of the meeting, record with the Secretary, the composition of the Employee representatives at the meeting.

7.12No recommendation shall be regarded as carried unless it has been approved by a majority of the members of each side of the Committee present at the meeting. In the event of a “failure to agree” by the Non Teaching JCC or the Authority disagreeing with the recommendations of the Committee, the matter in dispute may, in accordance with the Constitution of the Joint Council for Wales, be referred to the Joint Secretaries by the Committee or by either side as an ex parte reference.

7.13No meeting shall exceed two hours in length and shall start at 3.00pm unless otherwise agreed by both sides.

7.14At the close of any Committee meeting the date of the next meeting may be proposed and confirmed if accepted by a majority of members of each side present.

8.REPORTING

The minutes of any meeting shall be agreed at the next meeting of the Committee and signed as a correct record by the Chair and Vice Chair. Items requiring a decision or requesting actions shall be forwarded to the Executive Board for inclusion on its agenda at the earliest opportunity. An Employer Representative and an Employee Representative (normally the Chair and Vice Chair of this Committee) will be entitled to speak on the item at the relevant Executive Board meeting. The outcome of the item will be reported to the next meeting of the Committee.

1. GENERAL

9.1The establishment of this Non-Teaching JCC does not lessen the need for regular contact between line management in the Council and employees. Employees who have a grievance must follow the agreed grievance procedure issued to every employee.

9.2Membership of the Committee shall not preclude an Employee Representative form exercising the rights, duties and functions conferred on him or her by any relevant statutory provisions.

1. AMENDMENTS TO THE CONSTITUTION

Proposals to amend this Constitution/Terms of Reference may only be made when there are at least five representatives of either side present at the meeting voting in favour of the proposed amendments. No amendments shall take effect unless and until approved by the Council’s Executive Board