States of Jersey Police Force (Police Negotiating Board) (Jersey) Regulations 2017

Made                                                                    14th February 2017

Coming into force                                                 21st February 2017

THE STATES, in pursuance of Article 11 of the States of Jersey Police Force Law 2012[1], have made the following Regulations –

1        Designation of Police Negotiating Board

(1)     The Police Negotiating Board, established under the Police Force (Jersey) Law 1974[2], is designated under Article 11(3) of the States of Jersey Police Force Law 2012[3] to carry out the functions described in Article 11(4) of that Law.

(2)     In these Regulations references to the “Board” are to Police Negotiating Board.

2        Constitution and other matters relating to the Board

The Schedule shall have effect.

3        Citation and commencement

These Regulations may be cited as the States of Jersey Police Force (Police Negotiating Board) (Jersey) Regulations 2017 and shall come into force 7 days after the day these Regulations are made.

l.-m. hart

Deputy Greffier of the States

 


SCHEDULE

(Regulation 2)

consitution and other matters relating to the police negotiating board

1        Constitution

(1)     The Board shall consist of an Official Side and a Staff Side.

(2)     The Official Side shall consist of 4 members of whom –

(a)     2 shall be appointed by the Minister; and

(b)     2 shall be appointed by the States Employment Board.

(3)     The Staff Side shall consist of 4 members appointed by the States of Jersey Police Association established under Article 12 of the States of Jersey Police Force Law 2012[4] (the “Association”) from among the members of the Association.

(4)     If a member of the Board is unable to attend any meeting, the body which appointed the member shall be entitled to appoint a substitute for that meeting who shall have all the powers of a member, but if no substitute is appointed the proceedings of the Board at that meeting will not be invalidated as a result.

(5)     A member of the Official Side shall hold office until such time as a new Council of Ministers is appointed and is eligible for re-appointment and a member of the Staff Side shall hold office for a period determined by the Association.

(6)     A member may resign his or her office by giving written notice to the body which appointed the member and may be removed from office by that body.

(7)     Any casual vacancy shall be filled by appointment of a new member by the body which appointed the member who has vacated the member’s office and the new member shall hold office until the next election of a new Council of Ministers, if a member of the Official Side, or for a period determined by the Association, if a member of the Staff Side.

(8)     The Chief Officer and the Deputy Chief Officer are not eligible for membership of the Board but may attend any meeting and shall provide independent advice and information at the request of either Side.

(9)     Each Side may appoint an adviser or advisers to attend meetings and assist the Board on specific matters and an adviser may take part in discussions on the specific matter in question but is not a member of the Board.

2        Officers

(1)     The Board shall appoint Joint Secretaries and any other officers as may be necessary.

(2)     Until secretaries are appointed the Director of Employee Relations, Human Resources Department, shall act as the Official Side Secretary and a member of the Staff Side shall act as the Staff Side Secretary.

3        Conduct of business

(1)     The quorum of the Board shall be 2 members from each Side.

(2)     Every question before the Board is to be decided by the opinion of a majority of the members of the Board present.

(3)     Other than the matters provided for by sub-paragraphs (1) and (2) the Board may regulate its own procedure.

(4)     For each pay period the Association shall submit a written claim, for consideration by the States Employment Board, or receive a written offer from the States Employment Board.

(5)     Unless the claim or offer is agreed by both the Association and the States Employment Board beforehand, a meeting of the Board shall take place within one month of the claim or offer being put forward.

(6)     Any other matter which the States Employment Board and the Association agree to be referred to the Board shall be notified to the Board and the Joint Secretaries shall convene a meeting of the Board to discuss the matter not more than one month after the matter has been notified.

(7)     At the end of each meeting, the decisions of the Board shall be verbally agreed and recorded by the representatives of both Sides and those decisions shall be subsequently confirmed in correspondence between the Joint Secretaries as soon as practicable but not later than 2 weeks after the meeting.

(8)     Once the Board has reached an agreement on a recommendation for consideration by the States Employment Board, the Joint Secretaries shall prepare and sign a report for submission to the States Employment Board.

(9)     The States Employment Board shall consider the recommendation of the Board and determine, where appropriate, any variation in the appropriate scales of pay or other terms and conditions of service.

(10)    The new scales of pay or terms and conditions of service shall take effect from a date determined by the States Employment Board.

4        Failure to agree

(1)     The procedures set out below are to be followed in the event that –

(a)     the Board fails to reach agreement on a recommendation for submission to the States Employment Board; or

(b)     the States Employment Board determines scales of pay or other terms and conditions of service which differ from the recommendation of the Board or which are not acceptable to the Association.

(2)     The Board shall be reconvened in order to identify common ground and seek any further opportunities for a negotiated settlement but if there is no agreement, either Side may declare a “dispute”, whereupon the Board shall attempt to determine and recommend agreed terms to the States Employment Board for independent conciliation.

5        Conciliation

(1)     An independent conciliator shall be appointed by the Board to liaise with both Sides of the Board and preside at meetings of the Board with a view to achieving an agreed settlement but the independent conciliator will not have a vote at any meeting.

(2)     Where the Board is able to identify an agreed recommendation with the assistance of the conciliator, the procedures set out in paragraph 3 shall be followed.

(3)     All reasonable expenses incurred in connection with the conciliation shall be met by the States Employment Board.

6        Arbitration

(1)     Where the Board fails to reach agreement through conciliation on a recommendation for submission to the States Employment Board or the States Employment Board determines scales of pay or other terms and conditions of service which differ from the recommendation of the Board following conciliation or which are not acceptable to the Association, either Side shall have the right of recourse to independent arbitration.

(2)     The Board shall recommend the terms of reference for independent arbitration to the States Employment Board.

(3)     Arbitration shall be by a panel consisting of an independent Chairman recommended by the Board and appointed by the States Employment Board and one member nominated by each Side.

(4)     The procedures for the arbitration shall be determined by the independent Chairman.

(5)     The arbitration shall commence within 2 months of the Chairman’s appointment, unless the Board decides otherwise.

(6)     All reasonable expenses incurred in connection with the arbitration shall be met by the States Employment Board.

(7)     The States Employment Board is not bound by the award of an arbitration panel, but the States Employment Board shall take that award into account in the exercise of its functions under this Law to determine the appropriate scale of pay for each rank and other terms and conditions of service and shall only decide not to implement the arbitration award, or any part of it, in exceptional circumstances.

(8)     The findings of the arbitration panel shall be binding on the Association.

7        Conclusion of pay negotiations

The Joint Secretaries of the Board shall jointly sign a document setting out any variation to existing scales of pay or terms and conditions of service of the Force and any new scales of pay applicable, which shall be ratified by the States Employment Board.

 

 


 



[1]                                    chapter 23.820

[2]                                    chapter 23.220

[3]                                    chapter 23.820

[4]                                    chapter 23.820


Page Last Updated: 11 May 2017