Branch Facilities & Staff Consultation
Agreement with Devon County Council

(This can also be read on the Devon County Council's staff intranet at www4.devon.gov.uk/private/corporate/policy/hr/tu/subsect.shtml (opens in new window). However this link can only be used if you're trying to access it from a DCC computer, so it's reproduced here.)

• Consulting Staff

• Trades Union Facilities

• Time Off

• Facilities available

• Protocol for use of internal DCC e-mail by UNISON Stewards

Consulting Staff

The County Council fully supports the concept of collective representation and, as a consequence, has established procedures for consulting with staff representatives.

These formal bodies, organised on a Directorate basis, provide access for the views of staff to be made known to Officers and Councillors through representation by recognised Trade Unions.

Such representations are made through regular meetings held at County Hall. These meetings are concerned primarily with matters of general employment policy or service strategies which have direct implications for employees. More specific matters relating to pay, conditions of service or staff reductions are also discussed at these meetings.

In addition to this formal structure of consultations the County Council is committed to keeping all staff informed of matters directly affecting their work or their conditions of employment. In this respect, it remains the responsibility of every Manager to ensure that everyone for whom they have responsibility, irrespective of their status or Union membership, is kept fully informed on matters directly affecting them and that appropriate channels of communication exist to give them an opportunity to express their views or suggestions on all issues relating to their employment.

Trade Union Facilities

The general purpose of the law on time off for Trade Union duties and activities is to aid and improve the conduct of industrial relations. Devon County Council has followed a consistent practice for a number of years in regard to time off for Trade Union representatives, and these notes are intended to reflect that practice for the information of both representatives and local managers or supervisors. They do not amend any existing agreements. The County Council and the Trades Unions accept the principles contained in the ACAS Code of Practice on Time Off for Trades Union activities.

Time Off

What qualifies for Time Off?

Firstly, participation in the joint conduct of industrial relations matters with the employer, the most frequent occurrences being:

• attending agreed joint meetings for consultation or negotiation
• attending side meetings (ie pre-meetings normally on the same day) of joint negotiating bodies
• representing members within the grievance or disciplinary procedures.

Secondly, taking part in activities within the Union itself, such as:

• attending as an elected member of branch committees, district or provincial committees or national executive or other national committees
• attending conferences or other official policy making bodies of the Union as a delegate
• maintaining Union membership
• but excluding any activities which themselves consist of industrial action.

Who can take Time Off for these purposes?

This concerns accredited representatives who have been notified by the Union to the Head of HR as branch officers, stewards or senior stewards or for other specifically agreed purposes.

Time off does not normally apply to ordinary members of a Union unless they are co-opted onto joint bodies, eg working parties. The arrangements for health and safety representatives are separate and time off for training as a Trade Union representative is dealt with through the Head of HR.

Good Practice

Trade Unions

• should notify the Head of HR of all changes in representation, including leavers, at the earliest opportunity.

Devon County Council

• should make sure that each Directorate is aware of the Trade Union representatives among its work force (see current list)

• should co-operate with the issue and use of any identifying documents for stewards and other representatives.

How much Time can be Taken Off?

The general rule is "the amount that is reasonable in all circumstances". In practice, individuals may not have much choice over the time taken by joint meetings, grievances and other industrial relations processes. The County Council does not impose limits on the total time spent jointly in these industrial relations matters.

Activities within the Trade Union are treated differently. All the time spent away from work for these purposes should be counted against a block allowance for the Union as a whole.

Good Practice

Trade Union

• Representatives should "not unduly or unnecessarily prolong the time they are absent from work on Union duties or activities"

• Representatives should co-operate fully with their local managers in identifying the amount of time off they need for each purpose and occasion.

Devon County Council

• should be clear about the amount of time off that the staff representatives need

• should have practical local arrangements for covering these absences

• should make sure that the appropriate level of management is informed about, and thus has opportunity to rectify, any difficulty (eg staffing budgets or operational difficulties) caused by time off for Trade Union work

• should arrange for local managers to record all time off and notify the Head of HR each month on the standard forms.

When can Time Off be taken?

Usually when it is required provided that sufficient notice is given. For calendared meetings, four weeks notice is regarded as usual, but Trade Unions and the employer can settle some dates up to 12 months in advance. Sometimes reasons for time off crop up at short notice and managers need to consider how they can cover the work. The jobs of some representatives may be more sensitive than others in this situation. There are no absolute rights on either side but both must act reasonably in all the circumstances. If there is any local disagreement, the Head of HR should be contacted for guidance.

How should arrangements be made?

The Head of HR informs Directors, who in turn notify local managers, of scheduled meetings that will require representatives to take time off. However, managers need to know about all the occasions when members of staff will be away from work so that their duties can be covered and their time off can be properly attributed to Trade Union activities.

Good Practice

Trade Union

• Representatives should liaise with their line managers before taking time off for Union Activities.

Devon County Council

• should adopt a reasonable and constructive approach that allows services to be maintained while the employee is released.

Both Parties

• should adopt a reasonable and constructive approach that allows services to be maintained while the employee is released

• should come to working arrangements that allow all requirements for time off to be identified

• should come to working arrangements that allow adequate notice to be given and convenient times agreed whenever practicable

• should come to working arrangements that allow the purpose of each absence to be established within the two main categories of either industrial relations or Trade Union activities, also the intended location and the expected period of absence.

Is Time Off paid or unpaid?

The law provides for both paid and unpaid time off, but Devon County Council operates on the basis that, in normal circumstances, all time off is paid for. Instead of regarding activities within the Trade Union as eligible for only unpaid time off (the strict interpretation of the law), the County Council has agreed a block allowance of time off for each Union. This should allow representatives enough flexibility to cover their own Union activities.

'Time Off with pay' means with the amounts of pay that would have been earned if employees had worked in the usual way at their own jobs.

Expenses

When attendance at agreed joint meetings and other industrial relations processes involves travel, a mileage allowance, or the public transport fares can be claimed. Car sharing is expected when it is feasible. If the duties include the lunch period, a subsistence allowance may be claimed if a meal (or a voucher) is not provided. Mileage and meal rates are updated from time to time.

Time spent on Trade Union activities does not qualify for travel or subsistence allowance from the County Council but a payment may be available from the representative's Trade Union.

Good Practice

Trade Union

• Representatives should complete their claims and send them to the Head of HR each month, bearing in mind that late claims relating to the previous financial year may be invalid.

Devon County Council

• should make prompt payment in respect of all valid claims.

Facilities available

General

The need for facilities will vary according to the role and situation of individual representatives. The County Council generally expects to provide:

• notice board facilities

• the use of accommodation for meetings and interviews with members and other officials

• the use of telephones for industrial relations business

• space for the storage of Trade Union papers, etc

• the use of internal distribution systems (by agreement)

• access to conditions of service and related information

• access by agreement to word processing and photocopying facilities for industrial relations business

• the use of internal DCC E-mail facilities (see Protocol agreed with UNISON).

Good Practice

Trade Unions

• should use existing facilities in the way that the agreements intend

• should plan ahead for irregular needs (meetings, etc) as far as possible, since accommodation is often in short supply

• should not expect better facilities than the Council provides for his own business.

Devon County Council

• should put into practice the Council's policies and agreements and should not unreasonably refuse requests for these facilities

• should ensure that any such refusal is justified on genuine operational grounds.

Protocol for use of internal DCC E-mail by UNISON Stewards

The protocol sets out for UNISON Stewards and Officers, with support of the management of Devon County Council, some principles to help keep both members and, where necessary, management informed of situations or events which help in carrying out their industrial relations functions, through the use of workplace electronic tools.

Principles

1. Effective communication between Officers / Managers of the Council and UNISON representatives will enhance the industrial relations process and the use of the electronic mail will support this process

2. Joint communication with management may be issued as appropriate

3. The system will be used by UNISON Stewards, Health and Safety Representatives and Branch Officers in the carrying out of their industrial relations functions and any other agreed Branch matter. Stewards will use the system to contact members, to consult with them and to disseminate and receive cultural, social and similar information. All such two way consultations are considered part of the Steward's duties and are approved

4. The normal confidentiality of E-mail communications is guaranteed between the partners involved

5. The system will not be used for the purpose of proposing or conducting strike or other industrial action

6. No defamatory, libellous, illegal or misleading material will be knowingly circulated by Stewards

7. UNISON Stewards and Branch Officers will be aware of the need to contact their members in the most suitable manner available, e-mail may assist in this purpose.