Trade union recognition and facilities agreement

Agreement overview

This agreement ensures that we have proper arrangements for the recognition of trade unions. It also provides arrangements for the accreditation of trade union representatives. The terms of this agreement are binding in honour and are not legally enforceable.

Trade Unions recognise our right to be responsible for our management, organisation and policy to achieve our aims and objectives. We, and the trade unions, have common goals to: 

• maintain acceptable employment practices and industrial relations
• encourage communication with employees
• ensure that we treat all workers fairly and equally

National agreements state that each local authority should determine which unions it recognises. This includes what facilities we provide to unions and how we work together to support effective industrial relations. The nationally recognised unions for employees in local government are confirmed in the relevant conditions of service.

Definitions

We use the following terms in this agreement.  They reflect the terms used in the ACAS code of practice 'Time off for trade union duties and activities'.  This code of practice is issued under section 199 of the Trade Union and Labour Relations (Consolidation) Act 1992.

• recognised trade union - an independent trade union recognised by us for collective bargaining purposes 
• accredited representative or union representative - an employee elected or appointed by a recognised trade union. They must be elected as per the rules of the trade union. They represent all or some of the members within the workplace
• union member - a member of a recognised trade union
• other facilities include:
  • payroll deduction of subscriptions 
  • printing 
  • telephones 
  • meeting rooms 
  • notice-board 
  • internal post or courier services 
• ULR - accredited Union Learning Representative with appropriate training 

Scope

The recognised trade unions may conduct collective bargaining, on behalf of employees, on: 

• pay 
• terms and conditions

Trade unions we recognise for collective bargaining

Employees should refer to HR for current names and contact details. 

Trade union membership

All workers have the right to join a trade union and to benefit from union representation. They also have the right to hold office with a trade union. Particular rights exist when the trade union is recognised for collective bargaining purposes by the employer. 

Appointment of trade union representatives (accreditation) 

The recognised trade unions agree to appoint representatives through an annual democratic election process. Where someone nominates a new representative during the election cycle, the same procedure will apply. 

Employees must inform their line manager if they intend to stand as a candidate for a trade union representative post. Early notification will help us to plan.  This should, in most cases, avoid objection to accreditation once the person has been elected.  

The trade union will provide the names of newly elected representatives, in writing, to the head of human resources (HR). 

In some rare cases, we may object to the accreditation of an elected representative. If this happens, the head of HR will meet with an officer of the relevant trade union to discuss the reasons. The director of resources may also be involved. We will try to find a way forward that satisfies both parties. If we cannot reach an agreement, the individual may request the matter is dealt with through our grievance procedure. 

The trade union will inform the head of HR when an accredited representative leaves office or their employment with us. The employee's accreditation will then cease. Accreditation is not automatically transferable. It may also cease if a representative transfers to a different post within the organisation. We will consider the matter if this occurs and adopt a reasonable and fair approach. 

Responsibilities and duties of trade union representatives: 

• they shall be subject to the control of the trade union for their trade union duties 
• they will operate within the agreed procedural arrangements set out within this agreement 
• they will represent the interests of the trade union and their members within the area they represent 
• any action taken by representatives in good faith whilst carrying out their union duties, shall not affect their employment or career prospects with us 
• they will undertake their duties diligently and as per this agreement 
• they will conform to the same working conditions and responsibilities of their colleagues

Administration and communications 

We will provide facilities to enable union representatives to communicate with their members. We will also support the promotion of good industrial relations. 

Trade unions will obtain permission, in advance, from the head of HR to hold union meetings on our premises. Union members must get prior agreement from their manager to leave work to meet with their union representative. 

Union representatives may use computers, email and telephones for union business, in line with our email and internet policy. 

We acknowledge that trade unions have a right to communicate in private with their members. 

Union subscriptions 

Employees generally pay their union subscriptions directly to their trade union. Employees may have their union subscriptions paid via payroll.  

Facilities and time off

We will consider requests for time off from any employee who is an official or member of a recognised trade union. We commit to comply with our statutory duties to allow such time off.

The purpose of this agreement is to set out:

• time off and facilities that we will provide to recognised unions
• time off provided for members of these trade unions

Time off for trade union activities 

We will give union members reasonable time off during working hours to: 

• take part in union activities 
• access the services of a union learning representative.

The organisation will permit reasonable time off for the following activities: 

• attending meetings at work to discuss and vote on matters that have been discussed between us and the union 
• meeting to discuss issues relevant to the workplace that cannot be dealt with effectively outside of normal working hours and there is a direct benefit to both parties 
• voting in union elections 

Approved time-off for a trade union activity will be without pay. This will also apply to lay members who have time-off to participate in an authorised activity during regular working hours. 

Time off for trade union duties 

We will grant reasonable time off during working hours to undertake the following responsibilities: 

• negotiation in connection with collective bargaining matters for which the union is recognised 
• obtaining information from, and consulting with us, on redundancy  
• getting information from, and consulting with, any prospective transferee in a relevant transfer to which the Transfer of Undertakings (Protection of Employment) Regulations (TUPE) 2006 apply 
• receiving information from, and consulting with, the organisation under the TUPE regulations 
• negotiating with the organisation to enter an agreement, or performing activities relating to an agreement, under Regulation 9 of TUPE 
• accompanying an employee at hearings and meetings held under appropriate procedures, including: 
  • disciplinary 
  • capability 
  • absence 
  • grievance 
  • appeals  

At least annually, managers will provide employees with time off to prepare for these meetings. They will agree the amount of time off they can take in the following year depending on: 

• the representative's duties 
• the operational needs of the organisation 
• the amount of time-off taken in the previous year 
• the minimum amount of notice for specific types of absence 

Managers will discuss and agree on the provision of other facilities. 

Time off for training 

We will grant reasonable time off during working hours to undertake relevant training. This training needs to be relevant to the carrying out of their duties as a union representative in accordance with this agreement.  The TUC or appropriate union must approve any training. 

Time off for union learning representatives 

We will grant reasonable time off for training and undertake their duties. We will allow time off for the following duties: 

• analysing learning or training needs 
• providing information, advice and guidance on learning and training 
• preparing for and promoting learning and training 
• consulting us about such activities or preparing to undertake any such activities 

Payment 

We will pay for time off to carry out their duties and for training in accordance with this agreement. We will pay the amount they would have earned had they worked during the time off taken. If their earnings vary, we calculate the payment by using their average pay over the previous 12 weeks. 

We usually give paid time off for duties within and outside of the organisation. 

For duties outside the authority, examples are: 

• representing the trade union at joint meetings to recommend terms and conditions of employees of local authorities 
• attending conferences which are of value in relation to our services 
• undertaking basic and further training relevant to carrying out their duties. The Trade Union Congress or the official’s union must approve this training
• carrying out duties of an appointed or elected member of a national executive or national or regional governing body of a union. This duty is usually limited to an aggregate total of nine whole days or 18 half days in any 12 months. Officials may apply for additional time off with or without pay in exceptional circumstances. 

For duties inside the council, this includes: 

• participating in collective bargaining as appropriate 
• informing members of negotiations or consultations with us about statutory provisions 
• attending grievance and disciplinary hearings and meetings with  
• attending other meetings with members, held under appropriate procedures (for example, sickness, capability)
• preparing for meetings 
• supporting members through absence procedures 
• supporting members when fit notes advise adjustments be made 
• discussions with new employees regarding the union’s role in the industrial relations framework 
• carrying out the functions of a trade union learning representative 

We will not usually pay a union or union learning representative for duties or training outside their regular working hours. We may pay a representative if they work flexibly (for example, shift work). Representatives who work part-time will be paid under the same arrangements as if they were full-time employees. 

Procedure for requesting time off

The trade union representative or official should:

• give five working days' notice for time off 
• submit their request for time off via Business World.  If they do not have access to Business World they must download and submit the trade union application for time off form

Five working days' notice is required for time off.  If this is not achievable, then as soon as possible.

We and the trade unions: 

• accept the need to be flexible within this process, 
• recognise our duties and obligations to the business 
• will agree a mutually convenient time for the duties or activities 

Both parties commit to causing minimum disruption to the services that we provide.

The union will give us notice in writing that the employee is a union learning representative. This will also confirm that they must meet the training condition.

The union has given us notice in writing that the union learning representative:

• is sufficiently trained 
• will undertake training within the next six months
• has completed training within six months of the notice being given

The union representative must submit their request for time off at least 28 days before the start of the course and:

• provide alternative dates for the course (if possible) 
• provide details of the contents of the course 

Reasonableness and amount of time off 

The union representative can request reasonable time off during working hours: 

• to carry out their duties 
• to undertake training
• to take part in union activities 

The test of reasonableness will depend upon the needs of the business at the time of the request.  

We will consider: 

• the nature and timing of the request 
• the amount of time off previously granted or planned for the future 
• the number of representatives or members seeking time off within a given period 

We will take into account the legitimate need of the union representative or union learning representative to carry out their duties. The union understands that we need to provide a continuous service and to maintain the safety of all employees. 

Each application for time off will be assessed on its merits.

This agreement also applies to lay members of recognised trade unions. They may take time off work to participate in trade union activities. This is typically unpaid. 

Public sector trade union facility time reporting 

We are required to record and publish data about the use and spend on trade union facility time. Union representatives and union learning representatives must follow the request procedure for paid time off. Representatives and managers will accurately record such paid time off. This will ensure that we can satisfy this duty. 

Disputes 

Disputes regarding access to facilities, or time off, can be raised in line with our grievance procedure. 

Additional time-off with or without pay 

Where trade union representatives and lay members face difficulties in effective representation or communication they may ask to hold meetings partly in working hours. There may be a direct benefit to both parties in dealing with specific issues in this way. 

We will not pay for a representative's activities concerning an internal or domestic union nature. We will not unreasonably withhold time off without pay. 

We will consider unpaid time off for lay members, taking into account the test of reasonableness outlined above. 

Disclosure of information

We will disclose information to trade union representatives that they may reasonably need to conduct negotiations. These will be in an informed and responsible manner.

The types of information which could be relevant in certain collective bargaining situations are: 

• pay and benefits 
• conditions of service 
• number and types of employees 
• performance 
• financial 

Trade unions should request information in writing. 

All information disclosed will be dealt with in line with data protection legislation. We will only use the information for the purposes for which it was provided.

Review of trade union recognition and facilities agreement

The provisions of this agreement will be subject to annual review.  It may take place earlier if requested by either side.  Reviews will ensure that the principles and objectives of the agreement are being effectively sustained.

Termination clause

This agreement is intended to operate for an indefinite period.  The council and trade unions agree that both parties retain the right to end the agreement by giving at least six months' written notice.