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Introduction
Southern give a number of key commitments:
Collective Bargaining
Southern reaffirmed its recognition of trades unions and of the principle of collective bargaining
for its staff covered by procedure agreements.
Existing Contracts
Southern confirmed that the introduction of these procedure agreements would not, of itself, bring
about any change to the substantive agreements upon which employees contracts of
employment are based. Substantive agreements will continue to operate unless or until they are
changed by agreement.
Southern has not, however, given an absolute commitment that any such variations would only be
agreed within the Company Council. Agreements may be varied by agreement at whatever level
and in whatever forum is appropriate to the particular question.
In line with this, Procedure Agreement 1 specifies that nominations for the appointment of
representatives at company level shall be submitted by the relevant trades unions and that, at the
local level, nominees and nominators for election as local representatives shall be members of a
relevant trade union. Voters must be members of a relevant trade union also.
Southern emphasised that circumstances could arise in the future which might cause it to
reconsider its position on recognition. However, if such circumstances were to arise, Southern
would first raise the matter with the relevant trade union.
Statutory Obligations
Southern confirmed that it would continue to meet its statutory obligations in areas such as health
and safety and time off for trade union duties and activities.
1
Bargaining Procedures December 2005 Agreement 1 updated and agreed December 2009
The parties to this Agreement are Southern on the first part and the trade unions (the
Associated Society of Locomotive Engineers and Firemen, the National Union of Rail,
Maritime and Transport Workers, and the Transport Salaried Staffs Association) on the
second part.
Object
2
The object of this Agreement is to provide a procedural framework for collective bargaining
and joint consultation in the interest of Southern and employees in partnership, through a
representative system.
Scope
3
Excepting executive and management staff, all employees of Southern whose terms and
conditions are regulated by joint agreements with trade unions shall be within the scope of
the collective bargaining procedure established by this Agreement.
General Principles
4
The collective bargaining procedure established by this Agreement is founded upon the
following principles:
The processes of collective bargaining and joint consultation must add value to
Southern; they must contribute to the achievement of business objectives;
The collective procedure must support Southerns efforts to instil in its people an
emphasis on the customer, both internal and external and be aligned to the
Companys Mission, Values and Objectives;
Decision-making authority must rest at the lowest level appropriate to the subject
matter in question;
2
Bargaining Procedures December 2005 Agreement 1 updated and agreed December 2009
Staff are to be treated first and foremost as people with individual needs and expectations.
Southerns objective is to become known as a good employer that values its people for the
contribution that they make to the well-being and future progress of its business.
Collective procedures must allow the development of practices which are in line with the
value which the businesses place on their staff;
The processes of collective bargaining and joint consultation rest upon the concept of
mutuality. Within the procedure established by this Agreement, mutuality will be
underpinned by joint regulation of those questions appropriate for discussion and
resolution, and by co-operation through discussion on those matters appropriate for
consultation. The aim is to develop mutual trust between Southern and its employees;
The collective procedure is an important channel through which staff have an opportunity
to participate in and be consulted upon questions and matters concerning their
employment. In order that the dialogue within the procedure can be both representative
and effective, Southern recognises the right of the individual to join an appropriate trade
union of their choice.
5
The parties to this Agreement accept that they have a joint responsibility to ensure that the
acceptance of proposals is not unreasonably withheld and, once questions or matters
have been settled, to take all reasonable steps to ensure their successful implementation.
They further accept that differences and disputes will be dealt with by way of the
appropriate agreed procedures. No form of industrial action will be undertaken until
procedures have been exhausted. No trade union party to this Agreement will afford any
form of support for unofficial industrial action, either contemplated or initiated, by any of its
members, every endeavour will be made by the relevant trade union to resolve the matter
with Southern through the procedures contained in this Agreement.
3
Bargaining Procedures December 2005 Agreement 1 updated and agreed December 2009
Annex A
Annex B
Annex C
The Company Council may by joint agreement vary its constitution, provided that the
varied constitutional arrangements are based upon the general principles of this
Agreement.
Interpretation
9
Duration
10
11
The parties to this Agreement may amend it by agreement in such ways as they think fit at
any time. Either party may terminate this Agreement by giving twelve months notice in
writing to the other party.
4
Bargaining Procedures December 2005 Agreement 1 updated and agreed December 2009
Excepting executive and management staff, all employees of Southern, whose terms and
conditions are regulated by joint agreements with trade unions shall be within the scope of
the Company Council.
Membership
2B
3B
4B
Each staff representative shall be an employee of Southern and shall have not less than
twelve months service with Southern and shall be a member of a relevant trade union.
5B
6B
The period of office of staff representatives will be three years, but they may
be re-elected.
7B
5
Bargaining Procedures December 2005 Agreement 1 updated and agreed December 2009
The general principle underlying the procedure is that matters and questions
should be discussed and decided at the lowest appropriate level.
Representation
2C
Local representatives will be elected for constituencies based on groupings as agreed with
the Full Time Officers and Company Council.
3C
4C
Representation will normally be on the basis of:one representative for each constituency between 1-19 employees
two representatives for each constituency between 20 -99 employees
three representatives for each constituency over 100 employees.
Elections
5C
(ii)
(iii)
(iv)
Be supported by not less than six qualified nominators from within the constituency
in question. In the event of there being fewer than six qualified nominators within a
constituency, the arrangements for nomination shall be determined by the
Company Council.
6C
Any employee who satisfies the requirements of 5C(i), (ii) and (iii) will be
qualified to nominate a candidate for election as a local representative.
7C
Elections will be by secret ballot of all the employees within the constituency in question
who are members of trade unions party to this Procedure.
8C
The period of office of local representatives will be three years, but they may
be re-elected.
6
Bargaining Procedures December 2005 Agreement 1 updated and agreed December 2009
Annex B
Company Council Representation
Grade Group
No of Representatives
Drivers
Conductors
Train Environment
Engineering (Salaried)
Engineering (workshop)
Engineering Shunters
HQ Administration
7
Bargaining Procedures December 2005 Agreement 1 updated and agreed December 2009
8
Bargaining Procedures December 2005 Agreement 1 updated and agreed December 2009