Decision

Method Decision

Updated 25 August 2022

Applies to England, Scotland and Wales

Case Number: TUR1/1237/2021

24 August 2022

CENTRAL ARBITRATION COMMITTEE

TRADE UNION AND LABOUR RELATIONS (CONSOLIDATION) ACT 1992

SCHEDULE A1 - COLLECTIVE BARGAINING: RECOGNITION

METHOD OF COLLECTIVE BARGAINING

The Parties:

(1) National Education Union

(2) National Association of School Masters Union of Women Teachers

And

The Prior’s Field School Trust

1. Introduction

1) The National Education Union (the NEU) and the National Association of School Masters Union of Women Teachers (the NASUWT) (together the Unions) submitted an application to the Central Arbitration Committee (the CAC) dated 27 October 2021 that they should be recognised for collective bargaining purposes by The Prior’s Field School Trust (the Employer) in respect of a bargaining unit comprising “Teachers and Early Career Teachers (excluding the Headteacher) employed by The Prior’s Field School Trust.” The location of the bargaining unit was given as “Prior’s Field School, Priorsfield Road, Godalming, Surrey GU7 2RH, United Kingdom.” The application was received by the CAC on 27 October 2021 and the CAC gave both parties notice of receipt of the application by a letter on 28 October 2021. The Employer submitted a response to the CAC dated 4 November 2021 which was copied to the Unions.

2) In accordance with section 263 of the Trade Union and Labour Relations (Consolidation) Act 1992 (the Act), the CAC Chair established a Panel to deal with the case. The Panel consisted of Mr Stuart Robertson, Panel Chair, and, as Members, Mr David Coats and Mr Richard Fulham. The Case Manager appointed to support the Panel was Kate Norgate.

3) By a decision dated 10 December 2021 the Panel accepted the Unions’ application. In its response to the Unions’ application the Employer agreed that the Unions’ proposed bargaining unit was an appropriate bargaining unit.

4) By a decision dated 8 February 2022 the Panel determined that a majority of the workers in the bargaining unit were members of the Unions and that none of the qualifying conditions laid down in paragraph 22(4) of Schedule A1 to the Act (the Schedule) were fulfilled. Accordingly, the Panel issued a declaration that the Unions were recognised by the Employer as entitled to conduct collective bargaining on behalf of the workers constituting the bargaining unit comprising “Teachers and Early Career Teachers (excluding the Headteacher) employed by The Prior’s Field School Trust”.

2. Issues

5) Paragraph 30 of the Schedule states that if the CAC issues a declaration that the union is recognised as entitled to conduct collective bargaining on behalf of a bargaining unit the parties may, in the negotiation period, conduct negotiations with a view to agreeing a method by which they will conduct collective bargaining. The “negotiation period” is the period of 30 working days starting with the start day (the day after that on which the parties are notified of the declaration) or such longer period (so starting) as the parties may from time to time agree. If no agreement is made in the negotiation period the employer or the union may apply to the CAC for assistance. Paragraph 31 of the Schedule states that if an application for assistance is made to the CAC under paragraph 30 the CAC must try to help the parties to reach in the agreement period an agreement on a method by which they will conduct collective bargaining. The “agreement period” is the period of 20 working days starting with the day after that on which the CAC receives the application under paragraph 30 or such longer period (so starting) as the CAC may decide with the consent of the parties. If at the end of the agreement period the parties have not made such an agreement, the CAC must specify to the parties the method by which they are to conduct collective bargaining. Any such method is to have effect as if it were contained in a legally enforceable contract made by the parties.

6) Paragraph 168 of the Schedule states that in specifying the method of collective bargaining the CAC must take into account the method specified in the Trade Union Recognition (Method of Collective Bargaining) Order 2000 (“the specified method”) but may depart from it to such extent as the CAC thinks it is appropriate to do so in the circumstances.

3. Correspondence relating to the method of collective bargaining

7) In a letter dated 8 February 2022, which accompanied the declaration of recognition, the Case Manager informed the parties that the next stage of the process was for them to negotiate with a view to reaching agreement on a method by which they would conduct collective bargaining. The letter explained that the negotiation period of 30 working days would end on 22 March 2022. To assist the parties, a copy of the 2000 Order was enclosed with the letter. The letter explained that if no agreement was reached in the negotiation period either party could apply to the CAC for assistance.

8) In an e-mail to the Case Manager dated 5 May 2022 the Unions applied to the CAC for assistance in helping the parties reach agreement on the method by which they would conduct collective bargaining.

9) In a letter to the parties dated 6 May 2022 the Case Manager acknowledged the Unions’ request for assistance. The letter explained that under paragraph 31 of the Schedule, if an application is made by either party for assistance, the CAC has a period of 20 working days (or such longer period as the CAC may decide with the consent of the parties) to try to help the parties reach an agreement on a method by which they will conduct collective bargaining. The parties were reminded that if, at the end of that period, the parties had not made such an agreement, the CAC must specify the method to the parties, and that this method would be legally enforceable although the parties may subsequently agree, in writing, changes to this method and/or that it is not legally enforceable. The parties were also reminded that in deciding the method the CAC must take into account the 2000 Order, a further copy of which was attached. The parties were informed that Case Manager would contact the parties to confirm how the Panel wished to progress this matter.

10) On 31 May 2022 the parties were invited to attend a virtual meeting on 17 June 2022 at which the Panel Chair would attempt to facilitate agreement. The meeting took place on 17 June 2022 but no agreement on a method of collective bargaining could be reached.

11) In a letter to the parties dated 17 June 2022 the Case Manager informed them as the parties had not agreed a method of collective bargaining, and the CAC having been asked for assistance, the Panel would proceed to specify a method and reiterated that in doing so the Panel would take into account the 2000 Order and the views of the parties. The parties were informed that the statutory model would therefore be the starting point for the Panel with their consideration then being given to the appropriateness of any proposals from the parties which depart from that method. The parties were informed that their written submissions should therefore be tailored accordingly, and that they should reach the CAC by no later than noon on 5 July 2022. The parties were also informed that it may be necessary to hold a hearing to resolve this particular issue. However, in the first instance the Panel proposed that it would consider the parties’ written submissions and then form a view as to whether or not a hearing was required. If the Panel concluded that it could not reach its decision fairly without some form of hearing, the parties would be informed accordingly.

4. Considerations

12) No agreement on a method of collective bargaining had been reached by the parties within either the 30 day negotiation period or the 20 day agreement period. Accordingly, under paragraph 31(3) of the Schedule, the CAC Panel must specify to the parties the method by which they are to conduct collective bargaining.

13) Paragraph 168 states that in specifying the method the CAC must take into account the specified method as set out in the 2000 Order but may depart from it to such extent as the CAC thinks is appropriate in the circumstances. The parties were provided with a further copy of the specified method set out in the Statutory Instrument on 17 June 2022 and it was subsequently made clear to the parties that the Panel would use the specified method as its starting point and would go on to give consideration to any proposed departures from it.

14) The Panel Chair, having considered the parties’ written submissions, took the view that the matter could be determined without the need for a formal hearing and the parties were duly notified by way of a letter dated 18 July 2022. Within these written submissions, the parties had reached consensus on a number of areas where they would have the Panel depart. The Panel will consider whether it is, in the circumstances of this particular case, appropriate to depart from the specified method as submitted by the parties. The Panel will also determine the remaining points in issue between the parties and finally, the Panel will also consider the extent to which, by its own motion, it would be appropriate to depart from the specified method.

Paragraph 1 of the specified method

15) The Panel considered that it was appropriate to identify the parties in paragraph 1 of the specified method and to amend the second sentence to reflect the circumstances of this case.

Paragraph 2 of the specified method

16) The description of the bargaining unit has been added in the appropriate place.

Paragraph 5 of the specified method

17) The Employer proposed that each side had four representatives with each union having two seats. This would take into account that there were two unions that had been granted statutory recognition, in order to ensure that they had equal representation on the JNB. The Employer believed that this was appropriate and equitable to ensure that the Unions had parity in terms of representation. The Unions were agreeable to this proposal

18) The Panel believes that in the circumstances of this case it is appropriate to depart from the specified method in accordance with the parties’ proposal and paragraph 5 has been amended accordingly.

Paragraph 7 of the specified method

19) The Unions proposed that this paragraph be expanded to include lay officials elected to the committee of the local union Branch/District/Association.

20) The Employer responded to the Unions’ proposal stating that it was happy to accept that the Unions were free to select suitable lay officials of the local union branch or district association. It said that it did not think that this was what the Unions intended by their request but, for completeness, those lay officials should not be members of the teaching staff at Prior’s Field

21) The Panel is not persuaded that it is appropriate to depart from the specified method in this respect.

Paragraph 8 of the specified method

22) The Employer said that the specified method required that the JNB determined its own rules in respect of the attendance at JNB meetings of observers and substitutes who deputised for JNB members. The Employer considered that given the Unions had raised concerns that practically, this could require a substantial amount of work to agree, it proposed that the method specified that:

• Each side was permitted to have up to 2 observers at any JNB meeting, provided that they gave to the other side the names and job titles/roles of any such observer in good time (and where reasonably practicable, at least 2 working days) ahead of each meeting; and
• Each side had the discretion to appoint substitutes for one or more of its representatives for any JNB meeting provided that:

1. they provided to the other side the names and job titles/roles of any such substitute in good time (and where reasonably practicable, at least 2 working days) ahead of each meeting;
2. that any such substitute had the delegated authority to effectively deputise for the representative in question;
3. that any such substitute was eligible to act as a representative pursuant to paragraphs 6 or 7; and
4. that at every JNB meeting, neither side was represented by more than 2 substitutes.

23) The Unions were agreeable to this proposal.

24) The Panel believes that in the circumstances of this case it is appropriate to depart from the specified method in accordance with the parties’ proposal and paragraph 8 has been amended accordingly.

Paragraph 11 of the specified method:

25) The Employer submitted that the specified method prescribed that the Secretary of the Employer Side acts as Secretary to the JNB on a permanent basis and sets out a number of functions for this role. It was the Employer’s view that, taking into account the work and time commitments on the Secretary of the Employer Side (who was likely either to be a member of the Senior Leadership Team or a Governor), the Secretary should have the express power to delegate their functions to the Clerk to the Governors.

26) The Employer explained that the current Clerk to the Governors was a qualified professional and had relevant experience in arranging meetings of this kind, preparing agendas and note taking. The Employer therefore considered that this would be a practical solution that was in the best interests of both sides. As provided for in the specified method, where functions had been delegated to the Clerk, they would work closely with the Secretary from the Union Side, including in relation to the disclosure of information that related to the performance of those functions. The Unions were agreeable to this proposal.

27) The Panel believes that in the circumstances of this case it is appropriate to depart from the specified method in accordance with the parties’ proposal and paragraph 11 has been amended accordingly.

Paragraph 12 of the specified method:

28) The Employer said that the specified method stated that draft agendas be circulated at least three working days in advance of JNB meetings, with the draft note of any such meeting being circulated within 10 working days of the meeting, for approval at the next meeting. The Employer proposed that, in interests of practicality, those timeframes were caveated with “where reasonably practicable” to allow for some flexibility where for good reason, it was not possible to stick to the stated timeframes.

29) The Employer further proposed that rather than the notes of the meeting having to be approved at the next meeting, the parties had the freedom to agree the notes by email as an alternative.

30) The Unions were agreeable to this proposal.

31) The Panel believes that in the circumstances of this case it is appropriate to depart from the specified method in accordance with the parties’ proposal and paragraph 12 has been amended accordingly.

Paragraph 13 of the specified method:

32) The Employer proposed that references to the JNB Secretary be caveated in line with requests at paragraph 11, that those functions could be delegated to the Clerk to the Governors.

33) The Unions were agreeable to the Employer’s proposal for the JNB Secretary.

34) The Employer said that in relation to the quorum, it proposed that this be amended to make clear that the Unions must have the same number of representatives at all meetings. Therefore, if 50% of each side’s members were in attendance, for the meeting to be quorate, the Unions’ Side should be made up of one NEU member and one NASUWT member. The Employer said that it did not consider that it would be fair or reasonable to have one union disproportionately represented at any meeting in which decisions that affected the other union’s members could be made.

35) The Unions responded to the Employer’s proposal stating that they maintained their position that they did not consider it appropriate for the Employer to dictate who represented the bargaining unit between the unions. This was a joint application between two unions and therefore it was a matter for the Unions to decide between them. The Unions had made no effort to dictate the composition of the Employer’s side of the JNC and it asked that this was respected and reciprocated. The Unions proposed that quoracy was set to one member of each side to ensure that meetings could still take place even in the event of unexpected staff absence (on either side).

36) As stated in paragraph 26 above, the Panel believes that it is appropriate to depart from the specified method to the extent that the functions of the JNB Secretary can be delegated to the Clerk to the Governors and paragraph 13 has been likewise amended. The Panel did not, however, believe it appropriate to make the further departures proposed by the Employer.

Paragraph 14 of the specified method:

37) The Employer said that the specified method stated that the Unions’ proposals for adjustments should be dealt with on an annual basis (subject to the sides agreeing differently). The Employer proposed that it was specified in the method of bargaining that this annual proposal took place during Prior’s Field’s summer term to coincide with the current and historic period in which it had undertaken a review of its finances and pay for its teaching staff. The Employer said that as with the specified method, this could be subject to the sides agreeing a different bargaining period between them.

38) The Unions responded to the Employer’s proposal and stated that they were not satisfied that the Employer would have enough financial flexibility to respond to the outcome of the bargaining cycle this late in the academic year. Although the Employer had stated that the summer term was historically the period in which pay had been reviewed, this had not historically been conducted through a process of collective bargaining. The Unions were concerned that leaving the bargaining cycle so late in the year would not allow time for any disputes that arise to be resolved before the commencement of the next academic year. This summer term was also unsuitable as it was highly likely that budgets (and fees) would already have been set, thus reducing the Employer’s ability to respond to the outcome of the bargaining cycle. The Unions therefore asked that the Panel consider its position as laid out in its original statement in which the Unions had said that they were not currently aware of the date on which the Employer set the fees for the forthcoming year and informed parents of any changes. The Unions said that in many independent schools this was the last day of term before the Easter holidays. The Unions’ requested that the CAC established this date and considered the established annual date on which the Employer reviewed pay, hours and holiday to be a reasonable length of time ahead of this. When determining what was reasonable, the Unions asked that this included at least enough time to allow for all the working days specified in step 2 onwards.

39) The Panel believes that in the circumstances of this case it is appropriate to establish the date upon which the bargaining procedure commences each year and that Step 1 of paragraph 15 is the appropriate place for the insertion of this date. Step 1 has been amended accordingly.

Paragraph 15 of the specified method

40) Step 1 – The Employer asked that that the method specified that the Unions’ proposal should be set out in writing at the start of (or shortly before) Prior’s Field’s summer term, to ensure that there was sufficient time for the bargaining cycle to be concluded before the summer break, when the bargaining unit and some of the Employer’s Side would be absent from school.

41) On that basis, the Employer asked that it was made clear that the first claim/proposal from the Unions be submitted at the start of the 2023 summer term, as pay reviews for the 2022/23 academic year had already been concluded and communicated to all members of the bargaining unit.

42) The Employer proposed that, in line with the specified method, it was stated that that should the Unions fail to submit their claim by the end of the first week of Prior’s Field’s summer term, the procedure shall be ended for the bargaining round in question (subject to the exception stated within the specified method).

43) Steps 2-6 – The Employer proposed that as with paragraph 12, the words “where reasonably practicable” be added to the timeframes stated.

44) The Unions responded to the Employer’s proposal and stated that the Panel would recall that the Employer had clearly expressed a desire to have a method of collective bargaining imposed based on the specified method. As such, it understood that it was favouring a more rigid method than one which could be freely agreed. The Unions therefore did not consider it appropriate that the Employer was seeking to insert the phrase “where reasonably practicable” as this was not in keeping with the formal approach of the specified method. Furthermore, the Employer had made it clear that they did not yet consider there to be ‘an underlying relationship of trust and cooperation between the parties.’ The Unions believed that it would not be appropriate to accept this insertion. The Unions were particularly opposed to this as the Employer was only proposing that this be added to steps 2-6. The Unions considered that the proposal would be deeply unfair and give the Employer a privilege in the bargaining process (as it was not being proposed for step 1- where the same insertion would be of benefit to the staff side). The Unions said that they also had the same objection to the timing of the summer term as explained in the point above. The Unions were also unclear as to why the Employer made reference to 2023 as it believed that those arrangements were intended to be in place for longer than 1 year.

45) The Panel believes that in the circumstances of this case it is appropriate to depart from the specified method so far as establishing the date by which the bargaining procedure is triggered each year. Step 1 of paragraph 15 has been amended accordingly. The Panel is not persuaded, however, that it should change the terms of Steps 2-6 as proposed above.

Paragraph 17 of the specified method:

46) The Unions said that they wished to draw the Panel’s attention to the comments made in paragraph 16 of the CAC’s decision on the Method of Collective Bargaining in the case of NASUWT, NUT & ATL and Mount St Mary’s College TUR1/603/2007, dated 8 July 2008. In light of those comments, it was the Unions’ view that the Panel should consider extending clause 17 to include non-contractual changes to working hours.

47) The Employer responded to the Unions’ proposal and said that it was not familiar with the CAC’s determination in relation to non-contractual changes to working hours. The Employer said that its legal advisers had been unable to obtain a copy from the CAC published decisions and it therefore asked the Unions if it would provide a copy of this decision. The Employer said that following receipt of which it would respond promptly in time for the Panel’s deliberations.

48) The Panel is not persuaded that it is appropriate to depart from the specified method as proposed by the Unions above.

Paragraph 23 of the specified method

49) The Unions had asked that the CAC establish whether the Employer had available premises for meetings of all union members. The Unions said that when unions held such meetings, they would be at lunchtimes or after the normal school day.

50) The Employer responded to the Unions’ question and confirmed that the School had a room that could be made available during term time for meetings of all teaching staff, who were members of the two Unions. Meeting arrangements would be made on reasonable request (with appropriate advance notice and subject to any reasonable requirements of the School in relation to pupils’ activities at that time). The Employer did however wish to emphasise that it was its understanding that the Unions would be acting on behalf of all teaching staff (except for the Headteacher) and not only on behalf of union members. The Employer was therefore concerned that the Unions only seemed concerned about consulting and liaising with teaching staff who were union members. The Employer said that as each school day was very busy for both pupils and teaching staff, meetings of teaching staff and the Unions should only be scheduled for after the end of the normal school day. The Employer considered that lunchtimes would often not be appropriate as various members teaching staff would have additional duties during this period.

51) The Panel is not persuaded that it is appropriate to depart from the specified method as proposed above.

Paragraph 25 of the specified method:

52) The Employer said the specified method provided that where resources permit, Prior’s Field would set aside a room for the Union Side of the JNB’s exclusive use, with a secure cabinet and a telephone. Prior’s Field did not however have the resources to permanently grant exclusive use to a room to the Union Side of the JNB. The Employer therefore proposed as an alternative that Prior’s Field agree, where resources permit, to grant the Union Side of the JNB exclusive use of a room with a telephone during the times where JNB meetings or pre-meetings, as envisaged in the method of bargaining, were being held at Prior’s Field.

53) The Unions were agreeable to this proposal.

54) The Panel believes that in the circumstances of this case it is appropriate to depart from the specified method as proposed above and paragraph 25 has been amended accordingly.

Paragraph 30 of the specified method

55) The Employer submitted that given that the business of the Employer was a school, it proposed that the definition of “working day” be amended to reflect the commonly accepted working days of schools, being during term time only.

56) The Employer explained that without this amendment to the definition, Prior’s Field could be faced with a situation where they had 10 working days to arrange a meeting or respond in writing to proposals from the Union, and 5 of those days could fall within a planned school holiday. The Employer added that this would be practically impossible for the Employer’s Side to comply with in the context.

57) The Unions were agreeable to this proposal.

58) The Panel believes that in the circumstances of this case it is appropriate to depart from the specified method as proposed above and paragraph 30 has been amended accordingly.

5. Notice Board

59) The Employer submitted that while this was not specifically addressed in the specified method, it understood from communications with the Unions that access to a notice board was important for them. The Employer said that it could therefore confirm that it was in agreement to the method of collective bargaining making clear that Prior’s Field would allow the Unions to have a joint noticeboard in the teachers’ staff room on which they could display union materials and relevant information that related to JNB meetings and collective bargaining. The Employer added that Prior’s Field already had such a notice board in place for union use, but it had not historically been utilised.

60) The Panel believes that in the circumstances of this case it is appropriate to depart from the specified method as proposed above and paragraph 25 has been amended accordingly.

61) Finally, in addition, the term “Chairman” has been replaced by the term “Chair” (and “chairmanship” by “chairing”), “he” by “it” and “his” by “its” to better reflect contemporary practice.

6. Implications of the specified method

62) The bargaining method imposed by the CAC has effect as if it were a legally binding contract between the Employer and the Unions. If one party believes the other is failing to respect the method, the first party may apply to the court for an order of specific performance, ordering the other party to comply with the method. Failure to comply with such an order could constitute contempt of court.

63) The parties can vary the bargaining method, including the fact that it is legally binding, by agreement provided that they do so in writing.

64) The fact that the CAC has imposed a method does not affect the rights of individual workers under either statute or their contracts of employment. For example, it does not prevent or limit the rights of individual workers to discuss, negotiate or agree with their employer terms of their contract of employment, which differ from the terms of any collective agreement into which the Employer and the Unions may enter as a result of collective bargaining conducted by this method. Nor does the imposed method affect an individual’s statutory entitlement to time off for trade union activities or duties.

65) The CAC having imposed a bargaining method on the parties, the Employer is separately obliged, in accordance with Section 70B of the Trade Union and Labour Relations (Consolidation) Act 1992 (as inserted by section 5 of the Employment Relations Act 1999), to consult union representatives periodically on the policy, actions and plans on training.

7. Decision

66) The decision of the Panel is that the method detailed in Appendix A to this decision is specified as the method by which the parties are to conduct collective bargaining.

Panel

Mr Stuart Robertson, Panel Chair

Mr David Coats

Mr Richard Fulham

24 August 2022

8. Appendix A

THE SPECIFIED METHOD

The Parties

1) The method shall apply to the two parties, who are referred to here as the “employer” and the “union”. The “employer” means The Prior’s Field School Trust. Unless the text specifies otherwise, the term “union” should be read to mean “unions” and refers to the NEU and NASUWT which are jointly recognised.

The Purpose

2) The purpose is to specify a method by which the employer and the union conduct collective bargaining concerning the pay, hours and holidays of the workers comprising the bargaining unit, i.e. Teachers and Early Career Teachers (excluding the Headteacher) employed by The Prior’s Field School Trust.

3) The employer shall not grant the right to negotiate pay, hours and holidays to any other union in respect of the workers covered by this method.

The Joint Negotiating Body

4) The employer and the union shall establish a Joint Negotiating Body (JNB) to discuss and negotiate the pay, hours and holidays of the workers comprising the bargaining unit. No other body or group shall undertake collective bargaining on the pay, hours and holidays of these workers, unless the employer and the union so agree.

JNB Membership

5) The membership of the JNB shall comprise four employer representatives (who together shall constitute the Employer Side of the JNB) and four union representatives (who together shall constitute the Union Side of the JNB). Each union recognised by the employer in respect of the bargaining unit shall have two seats.

6) The employer shall select those individuals who comprise the Employer Side. The individuals must either be those who take the final decisions within the employer’s organisation in respect of the pay, hours and holidays of the workers in the bargaining unit or who are expressly authorised by the employer to make recommendations directly to those who take such final decisions. Unless it would be unreasonable to do so, the employer shall select as a representative the most senior person responsible for employment relations in the bargaining unit.

7) The union shall select those individuals who comprise the Union Side in accordance with its own rules and procedures. The representatives must either be individuals employed by the employer or individuals employed by the union who are officials of the union within the meaning of sections 1 and 119 of the Trade Union and Labour Relations (Consolidation) Act 1992 (“the 1992 Act”).

8) Each side will be permitted to have up to two observers at any JNB meeting, provided that their names and job titles/roles are provided to the other side in good time (and where reasonably practicable, at least 2 working days) ahead of each meeting; and each side shall have the discretion to appoint substitutes for one or more of its representatives for any JNB meeting provided that:

i. the other side is provided with the names and job titles/roles of any such substitute in good time (and where reasonably practicable, at least 2 working days) ahead of each meeting;

ii. that any such substitute has the delegated authority to effectively deputise for the representative in question;

iii. that any such substitute is eligible to act as a representative pursuant to paragraphs 6 or 7; and

iv. that at every JNB meeting, neither side is represented by more than 2 substitutes.

Officers

9) The Employer Side shall select one of its members to act as its Chair and one to act as its Secretary. The Union Side shall select one of its members to act as its Chair and one to act as its Secretary. The same person may perform the roles of Chair and Secretary of a Side.

10) For the twelve months from the date of the JNB’s first meeting, meetings of the JNB shall be chaired by the Chair of the Employer Side. The Chair of the Union Side shall chair the JNB’s meetings for the following twelve months. The chairing of JNB meetings will alternate in the same way thereafter at intervals of twelve months. In the absence of the person who should chair JNB meetings, a JNB meeting shall be chaired by another member of that person’s Side.

11) The Secretary of the Employer Side shall act as Secretary to the JNB. It shall circulate documentation and agendas in advance of JNB meetings, arrange suitable accommodation for meetings, notify members of meetings and draft the written record of JNB meetings. The Secretary of the Employer Side can delegate their functions to the Clerk to the Governors but the Clerk to the Governors will not have voting rights or a decision making role on the JNB. The Secretary of the Employer Side shall work closely with the Secretary of the Union Side in the discharge of these duties, disclosing full information about its performance of these tasks.

JNB Organisation

12) Draft agendas shall, where reasonably practicable, be circulated at least three working days in advance of JNB meetings. The draft record of JNB meetings shall, where reasonably practicable, be circulated within ten working days of the holding of meetings for approval either at the next JNB meeting or by email. The record does not need to be a verbatim account, but should fully describe the conclusions reached and the actions to be taken.

13) Subject to the timetable of meetings stipulated in paragraphs 15, 17, 20 and 28 below, the date, timing and location of meetings shall be arranged by the JNB’s Secretary or, where appropriate, by the Clerk to the Governors, in full consultation with the Secretary of the Union Side, to ensure maximum attendance at meetings. A meeting of the JNB shall be quorate if 50% or more of each Side’s members (or, where applicable, their substitutes) are in attendance.

Bargaining Procedure

14) The union’s proposals for adjustments to pay, hours and holidays shall be dealt with on an annual basis, unless the two Sides agree a different bargaining period.

15) The JNB shall conduct these negotiations for each bargaining round according to the following staged procedure.

Step 1 - The union shall set out in writing, and send to the employer, its proposals (the “claim”) to vary the pay, hours and holidays, specifying which aspects it wants to change, by no later than 1 March each year. In its claim, the union shall set out the reasons for its proposals, together with the main supporting evidence at its disposal at the time. If the union fails to submit its claim by this date, then the procedure shall be ended for the bargaining round in question. Exceptionally, the union may submit a late claim without this penalty if its work on the claim was delayed while the Central Arbitration Committee considered a relevant complaint by the union of failure by the employer to disclose information for collective bargaining purposes.

Step 2 - Within ten working days of the Employer Side’s receipt of the union’s letter, a quorate meeting of the JNB shall be held to discuss the claim. At this meeting, the Union Side shall explain its claim and answer any reasonable questions arising to the best of its ability.

Step 3 -

(a) Within fifteen working days immediately following the Step 2 meeting, the employer shall either accept the claim in full or write to the union responding to its claim. If the Employer Side requests it, a quorate meeting of the JNB shall be held within the fifteen day period to enable the employer to present this written response directly to the Union Side. In explaining the basis of his response, the employer shall set out in this written communication all relevant information in its possession. In particular, the written communication shall contain information costing each element of the claim and describing the business consequences, particularly any staffing implications, unless the employer is not required to disclose such information for any of the reasons specified in section 182(1) of the 1992 Act. The basis of these estimated costs and effects, including the main assumptions that the employer has used, shall be set out in the communication. In determining what information is disclosed as relevant, the employer shall be under no greater obligation that he is under the general duty imposed on him by sections 181 and 182 of the 1992 Act to disclose information for the purposes of collective bargaining.

(b) If the response contains any counter-proposals, the written communication shall set out the reasons for making them, together with the supporting evidence. The letter shall provide information estimating the costs and staffing consequences of implementing each element of the counter proposals, unless the employer is not required to disclose such information for any of the reasons specified in section 182(1) of the 1992 Act.

Step 4 - Within ten working days of the Union Side’s receipt of the employer’s written communication, a further quorate meeting of the JNB shall be held to discuss the employer’s response. At this meeting, the Employer Side shall explain its response and answer any reasonable questions arising to the best of its ability.

Step 5 - If no agreement is reached at the Step 4 meeting (or the last of such meetings if more than one is held at that stage in the procedure), another quorate meeting of the JNB shall be held within ten working days. The union may bring to this meeting a maximum of two other individuals employed by the union who are officials within the meaning of the sections 1 and 119 of the 1992 Act. The employer may bring to the meeting a maximum of two other individuals who are employees or officials of an employer’s organisation to which the employer belongs. These additional persons shall be allowed to contribute to the meeting, as if they were JNB members.

Step 6 - If no agreement is reached at the Step 5 meeting (or the last of such meetings if more than one meeting is held at that stage in the procedure), within five working days the employer and the union shall consider, separately or jointly, consulting ACAS about the prospect of ACAS helping them to find a settlement of their differences through conciliation. In the event that both parties agree to invite ACAS to conciliate, both parties shall give such assistance to ACAS as is necessary to enable it to carry out the conciliation efficiently and effectively.

16) The parties shall set aside half a working day for each JNB meeting, unless the Employer Side Chair and the Union Side Chair agree a different length of time for the meeting. Unless it is essential to do otherwise, meetings shall be held during the normal working time of most union members of the JNB. Meetings may be adjourned, if both Sides agree. Additional meetings at any point in the procedure may be arranged, if both Sides agree. In addition, if the Employer Side requests it, a meeting of the JNB shall be held before the union has submitted its claim or before the employer is required to respond, enabling the Employer Side to explain the business context within which the employer shall assess the claim.

17) The employer shall not vary the contractual terms affecting the pay, hours or holidays of workers in the bargaining unit, unless it has first discussed its proposals with the union. Such proposals shall normally be made by the employer in the context of its consideration of the union’s claim at Steps 3 or 4. If, however, the employer has not tabled its proposals during that process and it wishes to make proposals before the next bargaining round commences, he must write to the union setting out its proposals and the reasons for making them, together with the supporting evidence. The letter shall provide information estimating the costs and staffing consequences of implementing each element of the proposals, unless the employer is not required to disclose such information for any of the reasons specified in section 182(1) of the 1992 Act. A quorate meeting of the JNB shall be held within five working days of the Union Side’s receipt of the letter. If there is a failure to resolve the issue at that meeting, then meetings shall be arranged, and steps shall be taken, in accordance with Steps 5 and 6 of the above procedure.

18) Paragraph 17 does not apply to terms in the contract of an individual worker where that worker has agreed that the terms may be altered only by direct negotiation between the worker and the employer.

Collective Agreements

19) Any agreements affecting the pay, hours and holidays of workers in the bargaining unit, which the employer and the union enter following negotiations, shall be set down in writing and signed by the Chair of the Employer Side and by the Chair of the Union Side or, in their absence, by another JNB member on their respective Sides.

20) If either the employer or union consider that there has been a failure to implement the agreement, then that party can request in writing a meeting of the JNB to discuss the alleged failure. A quorate meeting shall be held within five working days of the receipt of the request by the JNB Secretary. If there is a failure to resolve the issue at that meeting, then meetings shall be arranged, and steps shall be taken, in accordance with Steps 5 and 6 of the above procedure.

Facilities and Time Off

21) If they are employed by the employer, union members of the JNB:

• shall be given paid time off by the employer to attend JNB meetings;

• shall be given paid time off by the employer to attend a two hour pre-meeting of the

Union Side before each JNB meeting; and

• shall be given paid time off by the employer to hold a day-long meeting to prepare the

claim at Step 1 in the bargaining procedure.

The union members of the JNB shall schedule such meetings at times which minimise the effect on production and services. In arranging these meetings, the union members of the JNB shall provide the employer and their line management with as much notice as possible and give details of the purpose of the time off, the intended location of the meeting and the timing and duration of the time off. The employer shall provide adequate heating and lighting for these meetings, and ensure that they are held in private.

22) If they are not employed by the employer, union members of the JNB or other union officials attending JNB meetings shall be given sufficient access to the employer’s premises to allow them to attend Union Side pre-meetings, JNB meetings and meetings of the bargaining unit as specified in paragraph 23.

23) The employer shall agree to the union’s reasonable request to hold meetings with members of the bargaining unit on company premises to discuss the Step 1 claim, the employer’s offer or revisions to either. The request shall be made at least three working days in advance of the proposed meeting. However, the employer is not required to provide such facilities, if the employer does not possess available premises which can be used for meetings on the scale suggested by the union. The employer shall provide adequate heating and lighting for meetings, and ensure that the meeting is held in private. Where such meetings are held in working time, the employer is under no obligation to pay individuals for the time off. Where meetings take place outside normal working hours, they should be arranged at a time which is otherwise convenient for the workers.

24) Where resources permit, the employer shall make available to the Union Side of the JNB such typing, copying and word-processing facilities as it needs to conduct its business in private.

25) Where resources permit, the employer shall grant the Union Side of the JNB exclusive use of a room with a telephone during the times when JNB meetings or pre-meetings, as envisaged under this method of collective bargaining, are being held at Prior’s Field. The employer will provide the Unions with a joint noticeboard in the teachers’ staff room on which they can display union materials and relevant information relating to JNB meetings and collective bargaining.

26) In respect of issues which are not otherwise specified in this method, the employer and the union shall have regard to the guidance issued in the ACAS Code of Practice on Time Off for Trade Union Duties and Activities and ensure that there is no unwarranted or unjustified failure to abide by it.

Disclosure of Information

27) The employer and the union shall have regard to the ACAS Code of Practice on the Disclosure of Information to Trade Unions for Collective Bargaining Purposes and ensure that there is no unwarranted or unjustified failure to abide by it in relation to the bargaining arrangements specified by this method.

Revision of the Method

28) The employer or the union may request in writing a meeting of the JNB to discuss revising any element of this method, including its status as a legally binding contract. A quorate meeting of the JNB shall be held within ten working days of the receipt of the request by the JNB Secretary. This meeting shall be held in accordance with the same arrangements for the holding of other JNB meetings.

General

29) The employer and the union shall take all reasonable steps to ensure that this method to conduct collective bargaining is applied efficiently and effectively.

30) For the purposes of this method of collective bargaining the definition of a “working day” is any day other than a Saturday or a Sunday that falls within the School’s term dates.

31) All time limits mentioned in this method may be varied on any occasion, if both the employer and the union agree.