Local Negotiating Committee for Teaching Staff (LNCT)
Introduction
Local Recognition and Procedure Agreement between East Dunbartonshire Council and
- Educational Institute of Scotland (EIS)
- Scottish Secondary Teachers Association (SSTA)
- National Association of Schoolmasters Union of Women Teachers (NASUWT)
- Association of Headteachers and Deputes in Scotland (AHDS)
- School Leaders Scotland (SLS)
East Dunbartonshire Council hereby recognises the EIS, SSTA, NASUWT, AHDS, and SLS as the sole representatives of the teaching staff, music instructors, Quality Improvement Officers, Quality Improvement Managers and educational psychologists employed by the Council on all matters relating to conditions of service as defined in paragraph 3 of this recognition and procedure agreement and any other matters not subject to national bargaining.
The Council and the recognised unions jointly affirm their commitment to the maintenance of good industrial relations and accept that this Recognition and Procedure Agreement will be binding on the signatory parties.
All agreements, orders, settlements and determinations of the Scottish Negotiating Committee for Teaching Staff in School Education dealing with:
- Cover agreements
- Appointment procedures
- Particulars of employment
- Expenses of candidates for appointment
- Transfer of temporary teachers to permanent staff
- Promotion procedures
- Staff development arrangements
- Specific duties and job remits
- Arrangements for school based consultation
- Other leave and absence arrangements
- Notice periods
- Housing
- Indemnification procedures
- Other allowances
- Discipline and grievance procedures
shall be adopted as the base for negotiations under the procedures established by this Recognition and Procedure Agreement.
The purpose of this Recognition and Procedure Agreement is to establish local bargaining machinery and a negotiating procedure between the Council and the signatory unions whereby relevant conditions of service can be determined for all teaching staff, music instructors, educational advisers and educational psychologists.
The Council hereby recognises the unions who are signatories to this Recognition and Procedure Agreement as the sole bargaining agents for the matters covered by this Recognition and Procedure Agreement.
The Council will negotiate through a Management side appointed by itself. The recognised unions will negotiate through a joint union side appointed by them collectively which will reflect, on a pro-rata basis, the respective membership strengths of each organisation. The Management Side and the Joint Union Side will each appoint a Secretary for their respective sides.
Negotiations between the two sides shall be conducted within a Committee to be known as the East Dunbartonshire Council Local Negotiating Committee for Teaching Staff (LNCT). Meetings of the LNCT shall be held as and when requested by either side with the proviso that there will be at least 4 meetings in each calendar year. One of the meetings of the LNCT shall be designated the Annual General Meeting for the purpose of approving the membership of the LNCT and reviewing any standing sub committees or working groups as appropriate. The Joint Secretaries shall be responsible for making the arrangements for meetings which shall be arranged within 10 working days of a request being lodged, or otherwise by mutual agreement.
The composition of each side of the LNCT shall be determined by the sides separately, but shall not exceed 8 members on each side. The LNCT may, from time to time, appoint from among its own members sub committees or working groups to discharge such of the functions of the LNCT as the LNCT may specify.
The quorum for a meeting of the LNCT shall be 4 from the Management Side and 4 from the Joint Union Side. In the case of a sub committee, the quorum shall be determined by the LNCT when sub committees are first established.
When agreements reached by the LNCT are within the terms of the delegated authority of the Chief Education Officer, such agreements shall be binding on the Council and on the signatory trade unions.
Agreements reached on other matters shall become binding on the Council and on the signatory trade unions subject to homologation by the Education Committee. Where any matter is deemed urgent, it may be referred immediately to the East Dunbartonshire Council.
Agreements reached at the LNCT shall be set out in a text jointly approved by both sides and the text will be subscribed by the Joint Secretaries. (The Chief Education Officer - may subscribe on behalf of the Management Side Joint Secretary.) All local agreements under paragraph 3 above shall be reported to the SNCT.
The Joint Secretaries will be available to advise their respective sides on matters relating to agreements reached by the LNCT. In formulating such advice the Joint Secretaries may consult with each other whenever they think it appropriate.
The Recognition and Procedure Agreement shall take effect as soon as it has been signed on behalf of the Council and on behalf of the Teachers side.
No variation to this Recognition and Procedure Agreement may be made except with the consent of both sides to this agreement.
The Council hereby agrees that adequate paid time off work shall be granted to all union representatives on the LNCT and particular consideration shall be given to the amount of paid time off work required by the person appointed as union side Joint Secretary, as well as the necessary facilities covered by ACAS Code of Practice No.3.
The signatory parties to this Recognition and Procedure Agreement acknowledge the importance of establishing and maintaining confidence in the negotiating arrangements established under this Agreement and recognise the need to negotiate in good faith.
In the event of any dispute being declared between the two sides or where there is a failure to agree at school level on any relevant matter, relating to collective bargaining, the Council and the signatory unions should seek to resolve the matter, without delay through discussion in the LNCT. The Council further agrees not to implement any change which is the subject of dispute until the matter has been considered by the LNCT. The signatory unions, likewise, further agree not to implement any form of industrial action unless and until the LNCT has failed to achieve a resolution of the matter in dispute and that any such action will be conducted in accordance with relevant legislation.
Where agreement between the two sides of the LNCT is not possible, either side may refer the failure to agree to the Joint Chairs of the SNCT for conciliation. If the conciliation is unsuccessful the Joint Chairs of the SNCT may recommend to the LNCT further procedures for resolution of the difference, including external conciliation, mediation or binding arbitration.