Whitley Council for the Isle of Man Public Service (Manual Workers) Constitution 1989

Constitution

Government Circular No. 85/89

This incorporates all amendments to the Constitution agreed since it was signed on the 3 February 1989

Title

1. The Council shall be known as the Whitley Council for the Isle of Man Public Service (Manual Workers) [hereinafter referred to as "the Council"].

Scope

2. The functions of the Council as specified in Clause 7 hereof shall relate to all manual workers and craftsmen in the employment of Government Departments and Local Authorities with the following exceptions:-

(a) Manx Electricity Authority

(b) Isle of Man Post Office Authority

(c) Health Service Division of Department of Health and Social Security (ie those employed under the terms and conditions of the Whitley Council for the Health Services)

(d) Omnibus Section of the Transport Division of the Department of Tourism and Transport.

Membership

3. The Council shall consist of fifteen members of whom five shall be appointed to represent Government Departments and Local Authorities (hereinafter referred to as the Employers' Side) and ten shall be appointed to represent manual workers and craftsmen employed by such Departments and Authorities (hereinafter referred to as the Employees' Side).

4. The members of the Employers' Side shall be:-

(a) a Chairman who shall be a member of Tynwald, elected by Tynwald on the recommendation of Executive Council;

(b) two members of Tynwald, elected by Tynwald on the recommendation of Executive Council, at least one whom shall be a member of Executive Council;

(d) one representative appointed by the Isle of Man Municipal Association. Where a person referred to in paragraph (a) or (b) above ceases to be a member of Tynwald, he shall continue to be a member of the Employers' Side until his successor is appointed. [Paragraph inserted by Government Circular 14/95].

The Employers' Side representation shall be complemented by the following non-voting officers:-

(i) an official from the Personnel Office appointed by the Employers' Side to act as its Secretary and to furnish any assistance and carry out research duties on its behalf;

(ii) the Chief Financial Officer or a representative nominated by him;

(iii) the Chief Secretary or a representative nominated by him (who may be the Secretary of the Employers' Side);

(iv) an official to act as adviser to the Douglas Corporation representative on the Employers' Side;

(v) an officer from the Personnel Office whose responsibility it will be to keep an accurate record of the meeting and prepare the minutes.

5. The members of the Employees' Side shall be:-

(a) seven representatives of Government Departments appointed by the Transport and General Workers' Union, two of whom shall be registered as tradesmen with the Building Trades Council;

(b) two representatives of Government Departments or Local Authorities appointed by the Electrical Electronic Telecommunication and Plumbing Union, of whom one shall be registered as a tradesman with the Building Trades Council and one shall be a representative of the Manx Democratic Workers' Union sub section of the Electrical and Engineering Staff Association;

(c) one representative, being a member of a Trade Union recognised by the Isle of Man Trades Council, appointed by the workforce of Douglas Corporation and other Local Authorities.

The Employees' Side representation shall be complemented by the following non-voting officers:-

(i) a person appointed by the Employees' Side to act as its Secretary and to furnish any assistance and carry out research duties on its behalf. If that person is unable to attend any meeting of the Council for any reason the Employees' Side may appoint another person to attend in his or her stead.

(ii) a person appointed by the Employees' Side whose responsibility it will be to keep an accurate record of the meeting for the information of the Employees' Side.

6. Except in the case of the members elected by Tynwald, representatives on either Side may be varied at will by the appointing authority, by whom also casual vacancies may be filled. Any such variations in its membership of one Side must be notified to the Secretary of the other Side prior to the next meeting of the Council.

Functions

7. The functions of the Council shall be to secure the largest possible measure of joint consideration and determination of the wages, hours and working conditions of the workers within its scope.

It shall be permissible for the Council to take any action that falls within the scope of the foregoing general definition. Amongst the more specific objects are the consideration of the following matters:-

(a) Provision of machinery for the regular consideration of wages, hours and working conditions;

(b) Measures for securing recognition by all Government Departments and Local Authorities and their employees of agreements relating to wages, hours and working conditions;

(c) Settlement of such differences between Government Departments and Local Authorities and their employees as may be referred to the Council, and the establishment of machinery, where it does not exist, with the object of preventing disputes and securing the speedy settlement of such differences. The Council shall appoint for such purposes a Disputes Committee consisting of an equal number of representatives of each Side.

Conduct of Business

Committees

8. The Council may appoint from its own members such standing or sectional committees as may be considered necessary. The Council shall also have the power to appoint other committees for special purposes. All such committees shall consist of an equal number of representatives from each side of the Council. The Council may delegate special powers to any such committee and, subject thereto, the reports of all committees shall submitted to the Council for approval. Such approval may be given with or without modification.

Co-opted Members

9. The Council may appoint on any committee, or allow any committee to co-opt, such persons of special knowledge, not being members of the Council, as may serve the special purposes of the Council, provided that persons thus appointed or co-opted shall serve only in a consultative capacity.

The Council may also allow a committee to invite the attendance of any persons whose special knowledge would be of assistance but such person shall not have the power to vote.

Chairman and Vice-Chairman

10. The Chairman of the Council shall be the member of Tynwald elected by Tynwald as Chairman of the Employers' Side and the Vice-Chairman of the Council shall be the person appointed by the Employees' Side as its Chairman. The Chairman, or in his absence the Vice-Chairman, shall preside at all meetings of the Council and shall have a vote but not a casting vote. The Chairman and Vice-Chairman shall be ex-officio members of all committees referred to in Clause 8 of this Constitution.

Officers

11. The Secretary of the Employers' Side and the Secretary of the Employees' Side shall be the joint Secretaries of the Council.

Meetings

12. The Ordinary meetings of the Council shall be held not less than once a quarter. Other meetings shall be arranged at the request of the Chairman of either Side on reasonable cause being shown.

Agenda

13. The Agenda shall be agreed between the joint Secretaries and circulated not less than seven days before the meeting. Business not on the Agenda shall only be taken by permission of the Chairman and Vice-Chairman.

Special Meetings

14. The Chairman shall call a special meeting of the Council if so requested by a requisition signed by four members of the either Side of the Council. The requisition and also the notice summoning the meeting shall state the nature of the business proposed to be transacted and no other matter shall be discussed. The meeting shall take place within fourteen days after the receipt of the requisition or request by the Chairman.

Voting

15. The voting on the Council and on all committees shall be by show of hands or otherwise as the Council or committee, as the case may be, shall determine. No resolution shall be regarded as carried unless it has been approved by a majority of the members present on each Side of the Council or committee, as the case may be.

Quorum

16. The quorum of the Council shall be seven members divided as to three voting members of the Employers' Side and four voting members from the Employees' Side. In the absence of a quorum the Chairman shall vacate the chair and the business then under consideration shall be the first business to be discussed either at the next ordinary meeting or at a further special meeting to be held within 14 days after the date fixed for the first special meeting, as the case may be.

The quorum of any committee of the Council shall, subject to any directions given by Council, be determined by such committee.

Finance

17. Each Side shall be responsible for its own expenses, and common expenses shall be borne equally from Employers' and Employees' Side funds. Attendance at meetings of the Council or of any of its committees by employees' representatives during working hours shall be treated as special leave with pay.

Decisions

18. The decisions of the Council shall be arrived at by agreement between the two Sides, shall be signed by the Chairman and Vice-Chairman and thereupon shall be operative.

Reports

19. The Chief Minister may, from time to time, call for a report of the decisions of the Council for the information of Executive Council.

Failure to Reach Agreement

20. Where agreement between the two Sides of the Council cannot be reached by negotiation the following provisions shall apply:-

(a) it shall be open to either Side to refer the matter in dispute to an independent person, acceptable to both Sides, who may:-

(i) seek to bring about a settlement by way of conciliation or mediation; or

(ii) by joint agreement of the two Sides of the Council, refer the matter to independent arbitration.

(b) Where independent arbitration has been jointly agreed the independent person may seek a list of appropriate persons to act as arbitrator from the Industrial Relations Officer but any arbitrator so appointed must be acceptable to both Sides of the Council.

(c) If considered appropriate, either the arbitrator or the independent person may appoint one or more independent assessors to provide technical or specialist advice to the arbitrator. Either Side of the Council may suggest such an appointment, but any assessor(s) so appointed must be acceptable to both Sides of the Council.

(d) Both Sides of the Council shall endeavour to agree terms of reference in respect of any matters in dispute. Where they cannot agree terms of reference, each shall prepare a statement containing a description of the issues it alleges are in dispute and its submission in respect of those issues. These statements taken together will constitute the terms of reference for the arbitration.

(e) The decision of the arbitrator shall be binding on both Sides of the Council. [This Clause inserted by Government Circular 35/95].

Amendment to the Constitution

21. This constitution may be amended by agreement between the two Sides after notice of amendment has been circulated to all members of the Council not less than fourteen days before the meeting. All amendments to the Constitution shall only take effect on being approved by Tynwald.

Interpretation

22. Where the context so admits, the Interpretation Act, 1976, shall apply to the foregoing provisions.

Citation

23. This Constitution may be cited as the Whitley Council of the Isle of Man Public Service (Manual Workers) Constitution 1989.

Commencement

24. This Constitution shall come into effect on being approved by Tynwald.