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Appendix A4.2

Model constitution for Negotiating and Consultative Committee (NCC)

1. Objectives

The NCC provides the machinery for local discussion and contributions to the consultation and negotiation of the terms and conditions of service agreed by the JNCC. It aims to ensure that employer and employed co-operate to meet their respective objectives.

2. Membership

Half of NCC members are appointed by the Director (management side or MS) and the other half (Trade Union Side or TUS) are appointed by the independent trade unions who are represented on the JNCC and who have members employed at the Establishment.

The NCC covers all JNCC employees at the establishment.

The Director and TUS can vary their respective NCC representatives.

Each side can appoint deputising members to replace NCC members who are unable to attend a particular meeting. 

Membership is confirmed or varied at each annual meeting.

2.1 Chair and Vice-Chair

The Director chairs the NCC, or the Vice-Chair if the Director is absent.  The Vice-Chair shall be from the TUS.

2.2 Secretaries

Each side of the NCC will appoint a Secretary, who may or may not be a member of the NCC.

2.3 Quorum

The quorum is more than half of the members of each side.

3. Meetings

The NCC holds ordinary meetings as often as necessary and not less than once per quarter.  The annual meeting is held in the Spring, by the end of May.

Agenda items may be submitted by either side.

An agenda with associated papers will be circulated to all members not less than 7 calendar days before meetings.

Business not on the agenda may be taken if the Chair and Vice-Chair agree to it.

3.1 Special meetings

A special meeting of the NCC may be called by the Chair on his/her own initiative or at the request of the Vice-Chair.  Matters for discussion are itemised on the notice of the meeting.

The Committee may draw up standing orders and rules for the conduct of its business as it may deem necessary.

4. Functions

The NCC deals with matters affecting the local implementation of policies and procedures agreed by the JNCC and the local conditions of service of the employees of the establishment, including:

  • conditions of service and the operation of procedures as they affect establishment employees (e.g. local pay arrangements including performance pay, allowances, hours of work, the operation of appointment, promotion or disciplinary procedures)
  • other changes in terms and conditions where local rules or discretion apply
  • training and further education
  • keeping under regular review the human resources practices of the establishment and its employee relations procedures, to maintain consistency of centrally agreed principles
  • health, safety and biosecurity
  • equity of treatment, equality of opportunity and diversity
  • notification of redundancies, to include consultation about selection criteria and skills matrices
  • discussion of the financial situation and future prospects of the establishment
  • the operation of spin-out companies as they impact on institute employees (i.e. secondees/potential secondees)

The NCC will not discuss grievances unless they give rise to substantial issues of principle.

The Director gives an annual report to the NCC by February, anticipating the financial year and the establishment programme. The NCC has the opportunity to make proposals for dealing with any funding deficiencies. If funding or other problems affecting jobs are foreseen at other times they will be discussed by the NCC at a specially convened meeting.

5. Sub-Committees

The NCC can appoint sub-committees of equal numbers from either side and delegate powers to them. Members of the sub-committee will not necessarily be members of the NCC. Decisions made by sub-committees need to be agreed by the NCC.          

6. Decisions

The decisions of the NCC shall be without prejudice to:

  • the authority of the JNCC in employment matters
  • the responsibilities of the Director and Governing Body of the establishment
  • the responsibility of the TUS to its constituent bodies

Decisions are arrived at by agreement between the two sides. The Chair and Vice-Chair ensure that agreed actions are implemented expeditiously.

7. Referrals to JNCC

  • The NCC circulates an annual report of its activities for the year just completed, for consideration at the annual meeting of the JNCC.  The AGM is held in June
  • Areas of disagreement can be referred to the JNCC, the request to be made jointly by the two NCC Secretaries
  • The JNCC will monitor local committees and take action as necessary to ensure that they are operating effectively

8. Proceedings and minutes

NCC may occasionally publish statements on matters within its remit, making the statements as full and informative as possible.

The NCC keeps and publishes minutes of its meetings. Copies of the minutes shall be sent to the Secretaries of the Management and Trade Union Sides of the JNCC. 

9. Financial arrangements

The facilities agreement (appendix A4.1) provides that certain facilities should be available to establishment Trade Union Sides. Facilities are locally agreed and include:

  • facilities time for accredited representatives
  • accommodation
  • furniture
  • telephones
  • notice boards
  • official services
  • word processing and copying
  • access to e-mail
  • access to documents

Official travel between sites/stations can be included, without charge, for TUS members who have to travel to an NCC meeting.

10. Amendment of the constitution

This may only take place at an annual general meeting or an extraordinary meeting called for that purpose.  Proposed amendments must be circulated to members of the Committee at least 30 days before the meeting. Amendments need to be agreed by the JNCC.

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Last updated 18/09/13
Amendment 160 - September 2013