DONCASTER METROPOLITAN BOROUGH COUNCIL
EMPLOYEE RELATIONS (DISPUTES RESOLUTION)
SUB-COMMITTEE
16TH JULY, 2013
A MEETING of the EMPLOYEE RELATIONS (DISPUTES
RESOLUTION) SUB-COMMITTEE was held in Room 009 at the CIVIC OFFICE, DONCASTER
on TUESDAY 16TH JULY, 2013 at 10.00 a.m.
PRESENT:
Chair – Councillor Tony Corden
Vice-Chair – Councillor David Holland
Councillors
Bob Ford, Glyn Jones and Chris McGuinness.
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1. |
MINUTES
OF THE MEETING HELD ON THE 22ND MAY, 2013 |
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RESOLVED that the minutes
of the meeting held on 22nd May, 2013 were
agreed a correct record. |
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2. |
DECLARATIONS
OF INTEREST, IF ANY |
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In
accordance with the Members’ Code of Conduct, the Chair, Councillor Tony
Corden declared an interest by virtue of being a member of Unite. |
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In
accordance with the Members’ Code of Conduct, the Vice-Chair, Councillor
David Holland declared an interest by virtue of being a member of Unite and
former Regional Officer of Unison |
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In
accordance with the Members’ Code of Conduct, Councillor Glyn Jones declared
an interest by virtue of being a member of Unite. |
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3. |
EXCLUSION
OF PUBLIC AND PRESS |
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RESOLVED that the public
and press be excluded from the remaining proceedings
of the meeting in accordance with Section 100(A)(4) of the Local Government Act 1972, as
amended, on the grounds that exempt information
as defined in Paragraph 4 of Schedule 12A of the Act is likely to be disclosed. |
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4. |
FORMAL
DISPUTE – SOCIAL EDUCATION CENTRE STAFFING REMOVAL OF MIDDAY MEAL |
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The
Sub-Committee considered the basis of a dispute submitted jointly by the GMB,
Unison and Unite Trade Unions in line with the Council’s Disputes Resolution
Procedure. |
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At
the commencement of the hearing, the Chair made introductions and outlined
the procedure to be followed. |
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Members
received a report which contained the reason for dispute submitted by Trade
Unions, details of steps taken to try to resolve the matter before the
dispute had been declared, and details of the steps taken at Stage 1 of the
Disputes Resolution Procedure. |
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Following
representations from both parties the Sub-committee deliberated in private. |
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The
Sub-Committee, having considered the basis of the dispute submitted by Trade
Unions and having taken into account the verbal representations, made the
following decision:- |
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RESOLVED that having
considered all information and supporting case discussions today and in accordance with the Council’s
Dispute Resolution
Procedure, under point 3.2.9 (c), the Sub-Committee identified and agreed their own outcomes which were as
follows:- |
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(1)
As soon as
is reasonably practicable, management will implement the new working rotas to ensure compliance with the
Working Time Regulations 1998; |
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(2)
The
Sub-Committee are not persuaded that a ‘buy out’ is appropriate for the withdrawal of the meal in lieu of a break
and working with Service Users,
but do recognise previous inappropriate
working practices. Therefore, the Sub-Committee requested that HR officers and the Union Representatives hold
further discussions with a view to
reaching a suitable settlement to
be completed within 28 days; and |
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(3)
The outcome
of those discussions be brought back to the Sub- Committee for decision on the first available date after
those further discussions have been
concluded. Together with confirmation
of the progress in implementing the new working practices. |