IMPLEMENTATION AGREEMENT
1. This provides for the implementation of the agreement between the Scottish Employers and the trade unions (a) to introduce a new Scottish agreement in place of the APT & C handbook (Blue Book) and the Manual handbook (Green Book) and (b) to merge the existing negotiating machinery for APT & C and Manual Workers.
2. From 1 April 1999 the Scottish agreement for former APT & C and Manual employees will consist of a new handbook to be known as the Red Book. It will comprise the following four parts:
Part 1 - Principles
Part 2 - Key National Provisions
Part 3 - Other National Provisions
Part 4 - Joint Advice3. The status of the provisions in Parts 2 and 3 is explained in Part 1. Part 2 contains key Scottish provisions while Part 3 contains other Scottish provisions which may be modified locally, by negotiation between the council and the unions. A procedure is set out in Part 1 for dealing with local failures to agree over proposals to modify a Part 3 provision. However, the Scottish negotiators urge the local parties to approach such local negotiations with an open mind not determined from the outset either to veto or impose change but instead to negotiate with a view to reaching agreement.
4. Employees within scope of the Red Book are all employees of all Scottish Councils except those for whom other national negotiating machinery exists. The new Scottish agreement no longer refers to APT & C staff or officers or to Manual Workers. All those within scope are referred to as "employees".
5. Where contracts of employment incorporate Scottish agreements, references to the former APT & C or Manual Worker agreements will now be to the new Red Book. Employees need to be notified accordingly, on an individual basis at a suitable opportunity.
6. The new Scottish agreement does not in itself alter existing local arrangements.
7. Single-table bargaining will operate nationally from 1 April 1999 or an earlier agreed date as part of the Single Status agreement to wind up the former APT & C and Manual Worker Scottish Councils and to establish a new Scottish Joint Council for Local Government Services (SJC). The constitution of the new SJC is attached as an appendix to Part 1 of the Red Book. The principle of single table bargaining is recommended for adoption by councils at local level.
8. The remainder of this circular deals with detailed transitional arrangements on:
Pay and Grading
Working Time arrangements
Method and Frequency of Payment
Bonus
PAY AND GRADING
9. Assimilation of existing employees to the new spinal column will be in accordance with the agreements reached in the Scottish Joint Council. (See para 1.3 of Part 3) The existing spinal column is shown in the Annex to this section.
10. Employees on former APT & C scales shall be entitled to progress to the top of their pay scale in accordance with existing arrangements for incremental progression, until superseded by job evaluation and assimilation to the new spinal column.
11. The grading structures for former Manual Workers and former APT & C staff will remain in effect until superseded by local arrangements following job evaluation. Allowances protected under this arrangement, for example nursery staff special education needs allowance and social workers' standby allowance, will be uprated in line with Scottish pay settlements.
12.
12.1 To fulfil a key objective of single status employment, fair and non-discriminatory grading structures are needed at local level to integrate former APT & C staff and former Manual Workers. A job evaluation scheme is being jointly developed which will be recommended to authorities for their use.
12.2 Councils should review their local grading structures, including whether or not to operate a system of pay scales as opposed to single pay points. In conducting such a review, representatives of the recognised trade unions will be fully involved. Once such a review has been completed, the local grades, using Scottish spinal column points, will supersede the existing Scottish grading provisions. A standard protection against loss of remuneration, following job evaluation, has been agreed by the Scottish Joint Council.
13. For former APT & C employees grading appeals registered before the Job Evaluation exercise is completed will be processed under the provisions of the former APT & C agreement. Similarly, for Manual Workers any local Job Outlines registered up to that date will be evaluated under the arrangements applying to the former Manual Worker scheme.
14. For the duration of the job evaluation exercise, an Appeals Panel will be established comprising representatives from the Employers and Trade Unions. Thereafter there will be no general right of appeal to Scottish level, but it is agreed by both sides that a mechanism will exist under the authority of the Scottish Council where matters of dispute regarding an individual's rights under the scheme, including the job evaluation scheme, will be dealt with. This mechanism will be encompassed within the new scheme.
WORKING TIME ARRANGEMENTS
15. The standard working week will be 37 hours for all full-time employees. However, the Scottish Joint Council has agreed that the reduction from 39 to 37 hours should be introduced on a phased basis. Accordingly, as an indication of the Scottish Joint Council's commitment to the principles of Single Status a one hour reduction in the working week for employees working more than 37 hours per week will apply from 1 April 2000. The subsequent reduction to 37 hours will take effect at the point when they assimilate to the new pay spine or by April 2002 at the latest.
16. In implementing the provisions of the agreement the local parties should endeavour to minimise costs whilst ensuring service delivery standards are maintained. It is the view of the SJC that it is in the interests of both local parties that employees will maintain existing output levels where the working hours are reduced. It is the view of the Scottish Joint Council that for part-time employees existing contractual hours should be maintained. The SJC advises the local parties to co-operate in minimising the costs of reducing the working hours in order to protect jobs and services.
17. From 1 April 1999 the Conditions of Service for new and exsisting employees wil be as set out in the Red Book but, as stated in paragraph 11, intil the job evaluation exercise has been completed the exsiting grading provisions and pay rates for Apt & C Staff and Manual Workers will be the rates applying , on an intrim basis to those employees commencing employment after 1 April, 1999
18. Between the date of this circular and 1 April 1999 the status quo will apply on standard hours and premium rates, except where it is agreed to introduce the new arrangements earlier.
METHODS AND PERIODS OF PAYMENT
19. Any changes to existing arrangements should be by local agreement.
PROTECTION
20. Protection at assimilation on to the new spinal column for all employees including bonus earners will be for three years on a cash conserved basis. This timescale has regard to the increased potential for equal pay claims should protection be allowed to extend beyond that period.
BONUS
21. It is important to emphasise that bonus schemes may not in themselves be discriminatory provided they meet real business objectives and access is available to all. Councils should therefore be free to introduce council-wide reward strategies where this is considered desirable (see Part 4) and following the full involvement of the trade unions.
CONTINUOUS SERVICE
22. Employees in post at 31 March 1999 will retain entitlement based on their continuous service as set out in the former APT & C and Manual Worker Scottish agreements operative at that date.
NURSERY NURSES AND RESIDENTIAL CARE STAFF
23. The SJC recognises that nursery nurses and residential care staff are entirely within scope of the new single status agreement. However, given the distinctive features of the conditions of service for both groups the SJC recognises that further detailed negotiations are required before existing agreements can be replaced by the new Scottish single status agreement.
SICKNESS ALLOWANCES
24. The new sickness provisions as detailed in paragraph 10 of Part 2 will apply to employees commencing employment after 1 April 1999.
Annex: Current APT & C Spine and Manual Grade
Current APT & C Spine Current Manual Grades w.e.f. 1.4.98
Spinal Column Point Salaries w.e.f. 1.4.98
SCP £ £ per week £ per annum 1 [7,512] Manual Grade 1 160.65 8,376 2 [8,040] 2 166.46 8,679 3 8,376 3 172.27 8,982 4 8,679 4 178.08 9,285 5 8,982 5 183.89 9,588 6 9,285 6 189.70 9,891 7 9,588 7 196.44 10,242 8 9,891 8 206.39 10,761 9 10,242 10 10,761 11 11,043 Foreman – Lower 213.32 11,122 12 11,313 - Higher 222.51 11,602 13 11,517 14 11,733 15 12,009 16 12,294 17 12,537 18 12,879 19 13,215 20 13,581 21 13,971 22 14,337 23 14,754 24 15,240 25 15,723 26 16,233 27 16,770 28 17,319 29 18,006 30 18,609 31 19,194 32 19,770 33 20,358 34 20,946 35 21,378 36 21,939 37 22,575 38 23,241 39 23,997 40 24,612 41 25,257 Current APT & C Spine
Spinal Column Point /Salaries w.e.f. 1.4.98
£
42 25,914
43 26,550
44 27,207
45 27,828
46 28,485
47 29,133
48 29,853
49 30,549
50 31,239
51 31,959
52 32,733
53 33,474
54 34,260
55 35,088
56 35,919
57 36,777
59 37,683
59 35,589
60 39,495
61 40,398
62 41,307
63 42,276
64 43,269
65 44,319
66 45,399
67 46,464
68 47,622
69 48,786
70 49,926
71 51,120
72 52,341
73 53,562Notes:
It was agreed that the first three [ ] points were only applicable to employees in post at the time and assimilated to those points under the assimilation arrangements in Circular SO/215. Since all those who were assimilated to the first [ ] point will now have progressed to at least the second [ ] point the first [ ] point has been deleted from the spine with effect from 1 April 1998. The second [ ] point will be deleted next year and the third [ ] point in the year 2000. Locally determined rates will apply for 16 and 17 year olds not fulfilling the full duties of substantive posts.
PART 1 - PRINCIPLES
1. The Scottish Joint Council represents councils in Scotland and their employees (other than those for whom other national negotiating machinery exists). We are jointly committed to the local democratic control of services to the community as the primary role of local government. Our principal role is to reach agreement, based on our shared values on a national scheme of pay and conditions for local application in Scotland. The Constitution of the Scottish Joint Council is annexed to this Part.2. The Scottish Joint Council's guiding principles are to support and encourage:
(a) high quality services delivered by a well trained, motivated workforce with security of employment. To this end councils are encouraged to provide training and development opportunities for their employees;
(b) equal opportunities in employment; equality as a core principle which underpins service delivery and employment relations; and the removal of all discrimination and promotion of positive action;
(c) a flexible approach to providing services to the communities while meeting the needs of employees as well as employers; and
(d) stable industrial relations, negotiation and consultation between councils as employers and recognised trade unions.
3. The SJC has a strong commitment to joint negotiation and consultation at all levels, and to this end encourages employees to join and remain in recognised unions. Co-operation between employers, employees and unions will help ensure the successful delivery of services. Councils are therefore encouraged to provide facilities to allow recognised Trade Unions to organise effectively for individual and collective representation.
4. In addition to this Part, the Scottish agreement consists of:
PART 2 Key Scottish provisions which are for application by all Councils to all employees covered by the SJC. They are basic provisions which constitute a standard throughout Scotland.
PART 3 Other Scottish provisions which may be modified by local negotiation. The party proposing change must state in writing what changes are sought and why and the parties must then seek to reach agreement, normally within three months. Where agreement is not possible, either party may refer the failure to agree to the joint secretaries (or other mutually agreed persons) for conciliation.
If the conciliation is unsuccessful, the joint secretaries may recommend further procedures for resolution of the difference, including external conciliation, mediation or binding ACAS arbitration. The above procedures should, if possible, be completed normally within a further three months.
PART 4 JOINT ADVICE
This covers agreed guidance on good practice on a number of issues.
IndexANNEX - CONSTITUTION
1. NAME OF ORGANISATION
The Council will be known as the Scottish Joint Council for Local Government Employees .
2. AREA OF OPERATION
The Council will operate in Scotland.
3. SCOPE
The Council will cover all employees of local government in Scotland, other than those employees covered by other national negotiating machinery.
4. MEMBERSHIP
(a) The Council will have 65 members. 32 will be appointed,one per council, to represent the employers and 33 to represent the employees.
(b) The 32 employers' representatives will be appointed by the Convention of Scottish Local Authorities.
(c) The 33 employees' representatives shall be appointed as follows:-
UNISON 18 representatives GMB 9 representatives TGWU 6 representatives (d) If any of the bodies referred to in paragraphs (b) and (c) do not appoint the number of their representatives provided for by the constitution, failure to appoint will not invalidate the decisions of the Council.
(e) In the event of a member of the Council or any of its sub-groups being unable to attend any meeting, the body represented by the member will be entitled to appoint a substitute to attend the meeting. A substitute for a member of a sub-group will be appointed only from amongst the remaining members of the Council.
(f) The members of the Council shall retire on 30 September, in each year, and be eligible for re-appointment.
(g) If a vacancy arises, a new member will be appointed by the body who the previous member represented and will be a member until the end of the period for which the previous member was appointed.
5. FUNCTIONS OF COUNCIL
Scottish local government employers and trade unions plan to develop a fair and progressive employment agenda to support innovative quality service delivery. This principle will underpin all of the Council's agreements and activities.
The functions of the Council are as follows:-
* To support and develop a national framework which will contribute to the development of a highly skilled and motivated workforce.
* To negotiate sustainable collective agreements on employment related matters.
* To promote and support the application of such agreements for local government and its employees.
* To promote co-operation between employers and recognised unions throughout local government.
* To support the promotion of equality and the elimination of discriminatory practices in employment.
* To support the development and adoption of local codes of practice to cover the conduct and obligations of employees and employers.
* To support the development and implementation of training and development initiatives and to ensure their integration into broader employee development strategies.
* To provide advice and assistance to councils, recognised unions and employees on employment related issues.
* To settle differences of interpretation and/or application of the national agreement that cannot be resolved locally.
* To provide a national conciliation service for the resolution of disputes that cannot be resolved locally.
* To undertake any activity incidental to the above.
6. SUB-GROUPS
The Council may establish, from its own membership sub-groups as it considers necessary. Reports from the sub-groups will be submitted to the Council. The Council when establishing a sub-group may delegate special powers to the sub-group, in such cases reports to the Council will be submitted for information.
7. OTHERS INVITED TO ATTEND MEETINGS
The Council or a Sub-Group may invite any persons whose special knowledge would be of assistance to attend and speak at its meetings. Such persons will not have the power to vote.
8. CONVENER AND VICE CONVENER
The Council will appoint from amongst its membership a convener and vice convener who will retire in the same manner as provided for members in Clause 4.
Convenership of the Council will be held in alternative years by a member of the Employers' Side and a member of the Employees' Side.
In the absence of the convener, the vice convener shall preside at the meetings of the Council. If neither the convener nor the vice convener is present, a chair will be elected for the meeting.
The convener will have a vote but not a casting vote.
The convener and vice convener will be members of all sub-groups established by the Council.
9. OFFICERS
The Council will appoint joint secretaries, and any other officers as it thinks fit. These officers will retire in the same manner as is provided for members in Clause 4 and will be eligible for re-appointment.
10. MEETINGS
The annual meeting of the Council will be held during the month of October.
Ordinary meetings of the Council will be held as often as may be necessary.
The convener will call a special meeting of the Council if so requested by either side. The notice summoning the meeting will state the nature of the business to be transacted and other matters shall be discussed. The meeting will take place within 14 days of a requisition being received by one of the Joint Secretaries.
11. VOTING
Voting at Council and Sub-Group meetings will be by show of hands or otherwise as the Council or Sub-Group determines. No resolution will be carried unless it is approved by the majority of the members present and voting on each side of the Council or sub-group.
12. NOT ENOUGH MEMBERS PRESENT
If fewer than one third of the members of the Council divided equally between the two sides are present at the start of the meeting, the convener will declare the meeting closed and the business then under discussion shall be the first business to be discussed at the next meeting of the Council. The required number of members to be present at a meeting of a Sub-Group will be determined by the Council.
13. NOTICE OF MEETINGS
All notices of meetings of the Council and of sub-groups will be sent by post to the respective members at least seven days before the meeting.
14. FINANCE
The administrative expenses of the Council (excluding expenses of representatives which shall be met by the respective Sides) and its Sub-Groups shall be borne equally by the two Sides.
15. AMENDING THE CONSTITUTION
The constitution may only be amended with the agreement of the Convention of Scottish Local Authorities, and the three unions referred to in paragraph 4(c).
16. ARBITRATION
In the event of a dispute over terms and conditions of employment arising between the two Sides of the Council the dispute will, if requested by either Side, be referred for settlement by arbitration to ACAS. The arbitration award will be accepted by both Sides and be treated as though it were an agreement between the two Sides.
17. RELATIONSHIP WITH OTHER ORGANISATIONS
Arrangements will exist to ensure strong links between the Scottish Joint Council and the National Joint Council for Local Government Services in England and Wales.
More. Part 2 Key Scottish Provisions
Index
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