1.0 Purpose
The JNICC acts as the formal body through which the management of the School meets with the three recognised trade unions: UCU, UNISON and UNITE for communication, consultation and, where appropriate, negotiation.
Communication is concerned with the interchange of information for example, for illustrative purposes: briefing on strategic planning matters such as the School’s budget, the LSE Strategic Plan and major development projects or plans. Consultation is the process by which the School and the trade union representatives jointly examine and discuss issues of mutual concern for example, for illustrative purposes: submitting lists of employees nearing the end dates of their fixed-term contracts and carrying out statutory consultation such as discussing the steps taken to avoid redundancies. Negotiation is the process by which the School and the trade union representatives engage in a dialogue on collective workplace issues such as pay and terms and conditions of employment with the aim of reaching an agreement for example, for illustrative purposes: LSE policy on overtime payments and additional hours.
The JNICC shall be a standalone committee of the School. However, the School will provide summary reports of substantive matters considered at the JNICC to the Director’s Management Team (DMT) the Council and to other relevant committees of the School as appropriate (to include Health & Safety and Equality & Diversity).
1.1 Scope
The JNICC will provide the mechanism by which issues relating to collective bargaining, terms and conditions of employment, policies and procedures for all staff are considered. This of course would include formal statutory consultation.
The scope of the JNICC is not to consider individual cases or local matters, such issues shall be discussed outside the meetings unless on an exceptional basis to resolve matters that otherwise would lead to the Dispute Resolution procedure being invoked.
The JNICC will receive reports from other School bodies; on such matters as health & safety and equality & diversity. The Director’s Management Team (DMT) will receive the minutes of the JNICC.
The JNICC can establish time limited ‘sub groups’ with agreed Terms of Reference to consider specific issues. Sub groups will report to the JNICC along with any recommendations for formal ratification.
2.0 Membership structure
2.1 School Side
School members will be made up of the following eight members plus the Secretary to the JNICC
• Pro-Director (Chair)
• Director of Finance
• Director of Administration
• One Head of Department
• One Head of Service
• Director of HR plus two other senior staff from HR Division
The School will be responsible for appointing a Secretary. The Secretary will be responsible for arranging meetings, the timely production and circulation of agenda, papers and minutes.
2.2 Union Side
The recognised local trade unions to annually elect a Chair of the trade unions side (drawn from its members). Trade union members nominated and appointed by the recognised local trade unions as follows:
• Minimum of two and maximum of four representatives from each trade union (UCU, Unite and Unison)
• One regional full time official from each trade union will also be able to attend any meeting of the JNICC by invitation
Four representatives from each side (drawn from a minimum of two of the recognised trade unions on the union side) shall be a quorum for a meeting. If the meeting is not quorate it can still proceed and the Chair will ensure that the minutes reflect this fact and ensure that an alternative means is used to consider items of business that require reaching an agreement.
Either side shall be able to invite other colleagues to attend the JNICC with the agreement of the Chairs on a particular specialist subject matter.
3.0 Meeting Procedure
The Committee shall aim to reach agreement by consensus on the issues put before it fully exploring all options. Any agreement reached by the Committee shall be noted in the minutes. Where any significant differences remain and agreement cannot be reached, either the fact that agreement is not reached will be noted in the minutes or resolution sought outside the meeting for example, consideration of the issues through the formal Dispute Resolution / Failure to Agree procedure. Normally Chairs on both the School management and trade union side will provide clear agenda items – issuing briefing notes as appropriate.
3.1 Frequency of meetings
Once a term on set days publicised in the School Calendar of Meetings and Committees.
The meetings shall convene subject to the proposal of agenda items by either party at least 10 working days before a meeting, and the distribution of the agenda and supporting papers at least 5 working days beforehand. Minutes of meetings to be distributed, following agreement with the Chairs, within 15 working days of the meeting. It is recognised that there maybe circumstances where the timescales above are not able to be followed. However such circumstances will be kept to a minimum. Agenda items should be clear and wherever possible a short explanatory note for each item shall accompany the agenda.
Wherever possible a representative from HR and the Chair from the trade union side shall hold a pre-meeting to agree minutes and discuss matters to be covered at the next meeting of the JNICC.
Where matters of strategic importance or of an urgent matter (such as a dispute) are to be considered an Emergency Joint Negotiation, Information Consultation Committee (EJNICC) can be called by either party. The arrangements of which will be agreed between the Chair of the School and the Union sides.
The Terms of Reference contained here do not stop either the School management representatives not the trade union representative from one particular trade union to hold bi-lateral meetings in order to discuss issues that concern one particular group of staff. However, it is envisaged that most all staff or staff group specific matters can be considered within the scope of the JNICC.
3.2 Charing of JNICC meetings
The Chair of the School side and Trade Union side shall alternate the chairing of each meeting of the JNICC.
3.3 Facility time
The right for reasonable time off to attend the Committee and other associated meetings is acknowledged by the School in line with employment legislation (Trade Union and Labour Relations (Consolidation) Act 1992 (TULR(C)A 92).
3.4 Failure to Agree
In the rare situation that an agreement can not be reached at the JNICC the minutes shall record that there has been a ‘failure to agree’ and that the Dispute Resolution Procedure is to be used. See Dispute Resolution Procedure (Section 9 of Recognition and Procedure Agreement between the London School of Economics, Unison, Unite and the University and College Union).