7.

COLLECTIVE DISPUTES PROCEDURE

7.1

Preamble

Where it has not been possible to resolve a dispute by informal discussions, the following paragraphs set out the formal procedure to be adopted.

7.2

This procedure is designed to enable the Governing Body or the Authority as appropriate and the recognised Union(s)/Association(s) to settle disputes which arise between them, or which, though arising from an individual grievance clearly involve a matter of principle.

7.3

The “Governing Body” includes a Sub Committee of the Governing Body acting with delegated powers.

7.4

Exclusions

The procedure may not be invoked for any of the following:­

1. Matters affecting an individual covered by the machinery, except matters of principle arising from an individual case.
2. Matters of a purely educational nature.
3. Matters of dispute between or amongst Union(s)/Associations(s), except (a) where the dispute affects the service, (b) that the Union(s)/Association(s) may ask the Governing Body or the Authority as appropriate to use its good offices to promote a settlement with the consent of all parties to the dispute.

7.5

Once a collective dispute has been raised within the procedure, neither side shall take industrial action of any kind in connection with the specific issue while the matter is within the procedure (including jointly agreed referral to conciliation or arbitration). So far as possible, normal working shall continue uninterrupted during this procedure and status quo shall prevail.

This provision applies to disputes within the terms of reference of the consultative machinery. The Authority expects to be given reasonable notice of any proposed industrial action.

7.6

Procedure

(i) An accredited representative of the Union/Association may raise a matter with the Headteacher, or the Governing Body as appropriate, in the first instance or with the Chair of the OJC which affects either employees at a particular school or affects employees in more than one school or is of general interest.

 

(ii) Initially, the Headteacher, or the Governing Body, as appropriate will try to resolve the matter with the representative through discussion. If no agreement can be reached, or if the matter is referred directly, the Chair of OJC will try to resolve the matter with the representatives through discussion.

 

(iii) Initially, the matter will be discussed at the appropriate Officers Joint Committee. Either side may also raise matters of sufficient significance for the whole service at that Committee.

 

(iv) If the matter remains unresolved at the Officers Joint Consultative Committee a failure to agree will be minuted and an agreed Statement of Case prepared. Either side may request that the matter goes to the Joint Consultative Committee.

 

The Joint Consultative Committee is the final level for resolving the matter.

 

(v) If there is a failure to agree in the internal procedure the two sides will decide whether some form of conciliation or arbitration would help to resolve the dispute, and may by agreement proceed with one or the other.

7.7

Conciliation

Where both sides agree the dispute may be referred to conciliation. The conciliation should initially be at local level unless it is agreed that having regard to the origin and nature of the dispute it would be appropriate for the matter to be referred to ACAS or for teachers to use the machinery as described in Appendix IV of the BurgundyBook.

7.8

Arbitration

Where both sides agree the dispute may be referred to Arbitration under the auspices of ACAS

If the two sides agree to use the service of a conciliator or an arbitrator, neither side shall take action to exacerbate the differences between them.

7.9

A Union/Association may raise a matter on its own behalf, or jointly with the agreement or consent of all the recognised Unions/Association. If a Union/Association raises a matter on its own behalf, the other recognised Unions/Associations may submit their views at all stages in their own right.

This paragraph applies to all stages in the procedure.