Agenda and Minutes

The Convener referred to Councillor Freeman’s recent illness and provided the Council with an update on his progress.  He conveyed Councillor Freeman’s thanks to everyone who had contacted him with their best wishes. 

Councillors Walsh and McCuish each declared a financial interest in the item regarding Single Status which is dealt with at items 2 and 3 of this minute by reason of a close family member’s employment with the Council.  The Councillors left the room at this point in the meeting and therefore took no part in the discussion regarding the matter.

Consider request for a deputation on behalf of the Trades Unions in connection with item 4 (Single Status) of this Agenda and if so resolved hear the deputation

The Council heard a deputation from Mr Donald Brown on behalf of Unison, Unite and GMB Trade Unions.

Mr Brown advised that the Trades Unions and Senior Management had failed to reach an agreement regarding the proposed core conditions of service for employees of Argyll and Bute Council.  He addressed the differences where agreement could not be reached which were detailed in a report jointly prepared by the Trades Unions which was tabled for consideration.

Following the presentation a number of Members asked questions of the deputation.   Thereafter the Convener thanked Mr Brown for the presentation of behalf of the joint Trades Unions.

Report by Chief Executive

The Chief Executive introduced his report, highlighting the work that had taken place to address the issues that had been raised during previous consideration by the Council by the development of the Pay Model and Conditions of Service since the initial proposals to reduce the number of red circled employees.  Following the end of the consultation period he provided information on the areas where agreement could not be reached related to 35/37 hourworking week and assimilation, and Conditions of Service.  

The Head of Personnel Services and the Head of Strategic Finance both made presentations to highlight various issues and elements of the information and proposals contained in the Chief Executive’s report.

Decision

The Council

(a)          Noted the further consultation that has taken place between the Management and the Unions since the Council meeting on 20 June 2007.

(b)          Adopted the Management proposal that employees will continue to work their current contracted hours and they will be paid on the basis of the hourly rate times the number of hours for which they are contracted to work. 

(c)          Noted the terms of the Equality Impact Assessment Report by the Consultant, as detailed at Appendix 5 of the Chief Executive’s Report. 

(d)          Noted that the statutory consultation as required by section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 will conclude with the making of the final offer to the Unions (referred to in paragraph (k) below).

(e)          Adopted the assimilation and progression arrangements as detailed at Paragraph 6 of the Chief Executive’s Report as a final offer.

(f)            Adopted Model 6A as detailed in Appendix 2 of the Chief Executive’s Report as the Pay and Grading Model as a final offer.

(g)          Adopted the Terms and Conditions of Service as detailed in Appendix 12 of the Chief Executive’s Report as a final offer.

(h)          With reference to Paragraph 6.5 of the Chief Executive’s Report, agreed that, although the Council would be legally entitled not to backdate, in order to maintain good relations, backdating for green circled employees will also apply in circumstances where those employees may require to be dismissed and re-engaged.

(i)             Noted that positive action in relation to training and personal development and financial and other advice will be available to employees who hold posts which are red circled.

(j)             Agreed that an effective communication strategy is put in place to ensure staff, and Councillors, are kept advised as to the implementation of the Single Status Agreement, which will include briefings to third tier managers by the Head of Personnel Services and the issuing of Postmasters as required.

(k)           Authorised the Chief Executive to write to the Unions making the offer of the Pay and Grading Model and the Terms and Conditions of Service and inviting the Unions to accept the offer and to enter into a collective agreement.

(l)             In the event that the Unions have not accepted the offer, authorised the Chief Executive to write to employees making the offer of the Pay and Grading Model and Terms and Conditions of Service and inviting the employee to accept the offer and enter into a new contract of employment.

(m)        In the event that the Unions have not accepted the offer and in respect of employees who do not accept the offer to enter into a new contract on a voluntary basis, authorised the Chief Executive to dismiss them with notice and state that their continued employment will be in terms of the new contract.

(n)          In each case, agreed that implementation will be effected by 18 February 2008.

(Ref:  Report by Chief Executive dated 10 September 2007, submitted and report by Argyll and Bute Council Unison, Unite and GMB Trade Unions dated 17 September 2007, tabled)