CONSTITUTION

1. TITLE

The Council shall be known as the Northern Ireland Joint Council for Local Government Services (hereinafter called “the Council”) and shall be a constituent part of the National Joint Council for Local Government Services.

2. AREA

The sphere of operations of the Council shall be all councils in Northern Ireland.

3. SCOPE

The functions of the Council shall relate to all council employees other than those covered by other negotiating machinery.

4. MEMBERSHIP

(a) The Council shall consist of 31 members of whom 14 members shall be appointed by the Association of Local Authorities of Northern Ireland (hereinafter called “The Employers”) and 17 members shall be appointed by the Trade Unions representing the employees. Each Side shall be responsible for its own expenses.

(b) The Trade Unions' representatives shall be appointed in the following proportions:-

• Amalgamated Transport and General Workers Union: 5 Representatives
• Amicus: 1 Representative
• GMB Trade Union: 5 Representatives
• Northern Ireland Public Service Alliance: 5 Representatives
• SIPT Union: 1 Representative

(d) If the Employers or Trade Unions fail to elect the number of representatives provided by the Constitution, such failure to elect shall not vitiate the decisions of the Council.

5. MEMBERS TO RETIRE ANNUALLY

The members of the Council shall retire on 30 September in each year and shall be eligible for re-appointment.

No member of the Council shall continue to sit on the Council after he/she has ceased to be a member or employee of the appointing body.

6. CASUAL VACANCIES

On the occurrence of a casual vacancy a new member shall be appointed by the body in whose representation the vacancy occurs, as the case may be and shall sit until the end of the period of which his/her predecessor was appointed.

7. RECOMMENDATIONS OF THE NATIONAL JOINT COUNCIL

The Council shall apply decisions on pay and conditions as prescribed from time to time by the National Joint Council for Local Government Services.

8. RECOMMENDATIONS TO THE NATIONAL JOINT COUNCIL

The Council may make such recommendations to the National Joint Council as it deems appropriate from time to time.

9. CONSIDERATION OF MATTERS REFERRED BY THE NATIONAL JOINT COUNCIL

The Council may consider any matter referred to it by the National Council and take executive action within its area in connection with:-

(a) Decisions arrived at by the National Council.

(b) Matters delegated to the Council by the National Council.

10. CONSIDERATION OF GENERAL MATTERS

(i) The Council may also consider any matters of interest to the employees within the scope of the Council including in particular the following:-

(a) The regular consideration of hours, salaries/wages and service conditions, including the codification, unification and amendment of regulations relating to holidays and overtime, with special reference to the need for the establishment of differential standard rates in the area or any part thereof.

(b) The encouragement of the study of working methods and procedures to ensure that the requirements of the constituents are met through the establishment and maintenance of high quality efficient and effective services through employees who are well trained and motivated.

(c) Health, Safety and Welfare of employees.

(d) Training for local government employees and co-operation with the education authorities in arranging educational facilities thereof.

(e) The arrangement of lectures and the holding of conferences in the Council's area or elsewhere on subjects of general interest to the employees within the scope of the Council.

(ii) The Council shall not take executive action upon any of the foregoing matters unless and until the approval of the National Council has been obtained and such approval may be given with or without modification or amendment provided that this restriction shall not be deemed to prevent the Council from taking executive action in relation to:-

(a) The settlement of differences in accordance with the provisions of Clause 12 hereof.

(b) The allocation of existing salary scales and such salary scales as may be adopted in the future by the Council with the approval of the National Council.

(c) The classification of officers within the allocated grades.

(d) Matters arising out of the application of existing service conditions and such service conditions as may be adopted in the future by the Council with the approval of the National Council.

11. CO-OPERATION WITH OTHER COUNCILS

The Council may co-operate with other Joint Negotiating Bodies, Joint Councils, or Provincial Councils in England and Wales or the Scottish Council on matters of common interest or concern.

12. DIFFERENCES

Where in any locality within the Council's area a difference arises between a local authority and its employees regarding the application of any decision reached by the National or Northern Ireland Council, the Northern Ireland Council shall, within the limits of that decision:-

(a) Act as a conciliation board at the request of either party.

(b) Appoint for such purpose a Disputes Committee. The decision of such Committee shall not require confirmation by the Northern Ireland Council.

(c) Investigate the full facts relating to such difference.

(d) Make recommendations thereon and communicate them to the parties concerned.

(e) Use all available means for settling the difference between a local authority and its employees with the Joint Secretaries being empowered to take such steps as are open to them in an endeavour to settle a difference in accordance with procedures set out at (a) (c) and (d) above.

In the event of any difference between the two Sides of the Northern Ireland Council on any matter within the delegated powers of the Council the difference may, at the request of either Side, be referred to the Labour Relations Agency for conciliation.

In the event of the matter remaining unresolved following conciliation the matter may, with the agreement of both Sides, be referred to a form of arbitration to be agreed between both Sides.

13. COMMITTEES

(a) The Council may appoint an Executive Committee and such other Committees as may be necessary. The reports of all Committees shall be submitted to the Council for approval except where special powers have been delegated to the Committees. Such approval may be given with or without modification. So far as the Executive Committee is concerned the two Sides of the Council shall be equally represented.

(b) The Council may delegate special powers to any Committee it appoints.

14. CO-OPTED MEMBERS

The Council may appoint on any Committees or allow any Committees 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 members thus appointed or co-opted shall serve only in a consultative capacity and shall not have the power to vote.

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

15. CHAIRPERSON AND VICE-CHAIRPERSON

The Council shall appoint a Chairperson and Vice-Chairperson. If the Chairperson is a member of the Employers' Side the Vice-Chairperson shall be a representative of the Trade Unions' Side and vice versa. The Chairperson, or in his absence, the Vice-Chairperson shall preside at the meetings. In the absence of both the Chairperson and Vice-Chairperson at any meeting, a Chairperson shall be elected from among the members to preside at such meeting. The Chairperson shall have a vote but not a casting vote. The office of Chairperson shall alternate annually between each Side of the Council unless the Council decides otherwise.

16. OFFICERS

The Council at each annual meeting shall appoint Joint Secretaries, one nominated by the Employers' Side and one nominated by the Trade Unions' Side, and may also appoint Assistant Joint Secretaries.

17. MEETINGS

The annual meeting of the Council shall be held as soon as practicable after 30 September. The ordinary meetings of the Council shall be held as often as necessary.

18. SPECIAL MEETINGS

The Chairperson shall call a special meeting of the Council if so requested by a requisition signed by at least four of the members of 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 matters shall be discussed. The meeting shall take place within 14 days after the receipt of the requisition by the Chairperson.

19. VOTING

The voting on the Council and Committees shall be by show of hands or otherwise as the Council, or the Committee, as the case may be, shall determine. No motion shall be regarded as carried unless it has been approved by a majority of members of both Sides present and voting at the meeting.

20. QUORUM

The quorum shall be four of the members on each Side of the Council. 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 considered at the next ordinary meeting. The quorum of a Committee shall, subject to any directions given by the Council be determined by the Committee.

21. AMENDMENT OF CONSTITUTION

Any amendment of the Constitution shall be made only by the Council. No amendment shall be made except after 21 days' notice thereof has been given and the proposed amendment circulated on the agenda of the meeting at which it is to be considered.

22. MINUTES

Copies of the minutes of the proceedings of all meetings of the Council shall be forwarded to all members and to the National Council within 14 days of the meeting.

23. INTERPRETATION

Where the context so admits the Interpretation Act (Northern Ireland) 1954 shall apply to this Constitution.

NIJC Constitution
November 1998

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