SCHEDULE
(Regulation 2)
consitution and other matters relating to the police negotiating
board
1 Constitution
(1) The
Board shall consist of an Official Side and a Staff Side.
(2) The
Official Side shall consist of 4 members of whom –
(a) 2
shall be appointed by the Minister; and
(b) 2
shall be appointed by the States Employment Board.
(3) The
Staff Side shall consist of 4 members appointed by the States of Jersey
Police Association established under Article 12 of the States of Jersey
Police Force Law 2012[4] (the
“Association”) from among the members of the Association.
(4) If
a member of the Board is unable to attend any meeting, the body which appointed
the member shall be entitled to appoint a substitute for that meeting who shall
have all the powers of a member, but if no substitute is appointed the
proceedings of the Board at that meeting will not be invalidated as a result.
(5) A
member of the Official Side shall hold office until such time as a new Council
of Ministers is appointed and is eligible for re-appointment and a member of
the Staff Side shall hold office for a period determined by the Association.
(6) A
member may resign his or her office by giving written notice to the body which
appointed the member and may be removed from office by that body.
(7) Any
casual vacancy shall be filled by appointment of a new member by the body which
appointed the member who has vacated the member’s office and the new
member shall hold office until the next election of a new Council of Ministers,
if a member of the Official Side, or for a period determined by the
Association, if a member of the Staff Side.
(8) The
Chief Officer and the Deputy Chief Officer are not eligible for membership of
the Board but may attend any meeting and shall provide independent advice and
information at the request of either Side.
(9) Each
Side may appoint an adviser or advisers to attend meetings and assist the Board
on specific matters and an adviser may take part in discussions on the specific
matter in question but is not a member of the Board.
2 Officers
(1) The
Board shall appoint Joint Secretaries and any other officers as may be
necessary.
(2) Until
secretaries are appointed the Director of Employee Relations, Human Resources
Department, shall act as the Official Side Secretary and a member of the Staff
Side shall act as the Staff Side Secretary.
3 Conduct
of business
(1) The
quorum of the Board shall be 2 members from each Side.
(2) Every
question before the Board is to be decided by the opinion of a majority of the
members of the Board present.
(3) Other
than the matters provided for by sub-paragraphs (1) and (2) the Board
may regulate its own procedure.
(4) For
each pay period the Association shall submit a written claim, for consideration
by the States Employment Board, or receive a written offer from the States
Employment Board.
(5) Unless
the claim or offer is agreed by both the Association and the States Employment
Board beforehand, a meeting of the Board shall take place within one month of
the claim or offer being put forward.
(6) Any
other matter which the States Employment Board and the Association agree to be
referred to the Board shall be notified to the Board and the Joint Secretaries
shall convene a meeting of the Board to discuss the matter not more than one
month after the matter has been notified.
(7) At
the end of each meeting, the decisions of the Board shall be verbally agreed
and recorded by the representatives of both Sides and those decisions shall be
subsequently confirmed in correspondence between the Joint Secretaries as soon
as practicable but not later than 2 weeks after the meeting.
(8) Once
the Board has reached an agreement on a recommendation for consideration by the
States Employment Board, the Joint Secretaries shall prepare and sign a report
for submission to the States Employment Board.
(9) The
States Employment Board shall consider the recommendation of the Board and determine,
where appropriate, any variation in the appropriate scales of pay or other
terms and conditions of service.
(10) The new
scales of pay or terms and conditions of service shall take effect from a date
determined by the States Employment Board.
4 Failure
to agree
(1) The
procedures set out below are to be followed in the event that –
(a) the
Board fails to reach agreement on a recommendation for submission to the States
Employment Board; or
(b) the
States Employment Board determines scales of pay or other terms and conditions
of service which differ from the recommendation of the Board or which are not
acceptable to the Association.
(2) The
Board shall be reconvened in order to identify common ground and seek any
further opportunities for a negotiated settlement but if there is no agreement,
either Side may declare a “dispute”, whereupon the Board shall
attempt to determine and recommend agreed terms to the States Employment Board
for independent conciliation.
5 Conciliation
(1) An
independent conciliator shall be appointed by the Board to liaise with both
Sides of the Board and preside at meetings of the Board with a view to
achieving an agreed settlement but the independent conciliator will not have a
vote at any meeting.
(2) Where
the Board is able to identify an agreed recommendation with the assistance of
the conciliator, the procedures set out in paragraph 3 shall be followed.
(3) All
reasonable expenses incurred in connection with the conciliation shall be met
by the States Employment Board.
6 Arbitration
(1) Where
the Board fails to reach agreement through conciliation on a recommendation for
submission to the States Employment Board or the States Employment Board
determines scales of pay or other terms and conditions of service which differ
from the recommendation of the Board following conciliation or which are not
acceptable to the Association, either Side shall have the right of recourse to
independent arbitration.
(2) The
Board shall recommend the terms of reference for independent arbitration to the
States Employment Board.
(3) Arbitration
shall be by a panel consisting of an independent Chairman recommended by the
Board and appointed by the States Employment Board and one member nominated by
each Side.
(4) The
procedures for the arbitration shall be determined by the independent Chairman.
(5) The
arbitration shall commence within 2 months of the Chairman’s
appointment, unless the Board decides otherwise.
(6) All
reasonable expenses incurred in connection with the arbitration shall be met by
the States Employment Board.
(7) The
States Employment Board is not bound by the award of an arbitration panel, but the
States Employment Board shall take that award into account in the exercise of its
functions under this Law to determine the appropriate scale of pay for each
rank and other terms and conditions of service and shall only decide not to
implement the arbitration award, or any part of it, in exceptional
circumstances.
(8) The
findings of the arbitration panel shall be binding on the Association.
7 Conclusion
of pay negotiations
The Joint Secretaries of the Board shall jointly sign a document
setting out any variation to existing scales of pay or terms and conditions of
service of the Force and any new scales of pay applicable, which shall be
ratified by the States Employment Board.