Dundee Association of University Teachers (DAUT) Procedure Agreement

1. Aims

It is the spirit and intention of this Agreement to foster the best possible relations between the University Court of the University of Dundee (herein referred to as 'the University Court') in its role of employer and the Dundee Association of University Teachers (herein referred to as 'the Association'). Both bodies have a common interest in advancing University education and in providing terms and conditions of employment for staff which will promote this aim. To this end, the Association recognises the responsibility of the University Court, as set out in the statutes, for the planning, organisation and administration of each faculty and department therein, while the University Court recognises the responsibility of the Association to represent the interests of its members in all aspects of terms and conditions of employment.

2. Scope of agreement

This Agreement covers all those employees or former employees of the University who are eligible for membership of the Association of University Teachers in terms of Rule 4 of the Rules of the Association of University Teachers in force at the date of the commencement of this Agreement.

3. Recognition

The University Court hereby recognises the Association as the sole agent to represent collectively the categories of employees specified in Clause 2 above, in respect of the terms and conditions associated with their employment, except insofar as any of these is determined nationally and except where clinical medical and dental staff elect to be represented individually or collectively by the BMA or the BDA.

The University Court agrees that, before implementing alterations to the terms and conditions of employment of the staff covered by Clause 2 above, or to other matters affecting the interests of staff, it will seek agreement with the Association through the procedure in Clause 4.

The Association undertakes that, in the event of a dispute, it will not engage in any consequential industrial action unless the procedures have been exhausted, or unless the AUT nationally calls for industrial action.

4. Joint committee

5. A Joint Committee shall be set up
   
   1. to consult and negotiate on collective issues
   2. to receive such regular information from the University Court and the Association as is necessary for these purposes. Problems arising in relation to individual members of staff shall be dealt with as provided in the Grievance Procedure except that it is recognised that an individual case may raise a question of more general principle for discussion by the Joint Committee.
6. The Joint Committee shall negotiate on all matters concerning terms and conditions of employment, including those listed below, (except insofar as these, or any of them, may be determined at national level). Negotiation is agreed to involve conferring with a view to reaching agreement or, in the event of a failure to agree, seeking to resolve the matter in terms of Clause 6 below.
   Matters for negotiation:
   • Salaries and implementation of scales
   • Sick leave, maternity leave and leave of absence
   • General problems of redundancy and redeployment
   • Terms and conditions for other paid work
   • Other contractual terms of employment
   • Grievance procedure
   • Disciplinary procedure
7. The Joint Committee shall consult on other matters affecting the interests of the staff covered by this Agreement, including those listed below. Consultation is agreed to involve clearly ascertaining the Association's opinions which shall be taken into account before final decisions are taken, assuming there will not be an unreasonable delay before the Association replies.
   Matters for consultation:
   • Promotion procedures
   • Appointment and termination procedures
   • Appraisal and staff development
   • Superannuation arrangements
   • Travel arrangements
   • Staff amenities
   • Physical conditions of work
   • Other relevant matters concerning staff
8. The foregoing lists of topics may be amended from time to time by the agreement of the parties hereto.

9. Constitution of the Joint Committee

10. The Joint Committee shall comprise
    
    1. four members appointed by the University Court
    2. four members of the Dundee Association of University Teachers or its officers
11. The University Court shall nominate six members from whom the four referred to in Section (1)(a) above shall be selected for each meeting of the Joint Committee.
12. Three representatives from each 'side' shall form a quorum.
13. Each 'side' shall nominate a Joint Convener from among its representatives.
14. Meetings of the Joint Committee shall be chaired alternately by the two Joint Conveners. The Conveners of any meeting shall not have a casting vote and voting shall be by sides.
    
    1. An administrative official of the University shall be appointed by agreement between the two 'sides' to serve as clerk to the Joint Committee. The clerk shall issue agenda and papers for all meetings of the Joint Committee and shall record the Minutes of these meetings. Items of business for inclusion in the agenda must be submitted to the clerk at least ten days before the relevant meeting of the Committee.
    2. Subject to the agreement of the Joint Conveners, either 'side' may be accompanied at meetings by advisers who may address the Joint Committee but who shall not have a vote.
    3. Minutes shall be agreed by both Joint Conveners and be forwarded to Court and to the Executive Committee of the Association for consideration.
15. The Joint Committee shall normally meet once each term, provided that there is business to transact. Additional meetings may be called at the request of either 'side'. Any request for such additional meetings shall be in writing and shall specify the business to be discussed. Not less than two weeks' notice of a meeting shall be given unless this requirement is waived by the mutual agreement of the Joint Conveners.
16. Any agreed recommendation by the Joint Committee on any matter on which it negotiates shall be subject to ratification by the University Court and by the Executive Committee of the Association unless in a particular case both bodies have previously agreed to accept any such recommendation made by the Joint Committee. In the event of failure to agree by the Joint Committee on any matter under negotiation such failure shall be reported to both bodies with an agreed explanation of the differences.

17. Resolution of disputes

In general, where a failure to agree is recorded on any negotiating matter, the following procedure shall be followed:

1. The matter shall be reported back to the appropriate University body and to the Executive Committee of the Association and, following their consideration of the matter, a further meeting of the Joint Committee shall be held to seek agreement.
2. Failing such agreement, either or both sides may refer the matter to ACAS for conciliation.
3. Failing resolution of the issue by conciliation, it may, by agreement of both sides, be referred to ACAS or other agreed independent person(s) for arbitration.
4. Agreement to arbitration shall not be withheld by the University, unless the University Court, having received a report on the issue by the Principal and then consulted the Senate, decides otherwise. Agreement to arbitration shall not be withheld by the Association, unless the Executive Committee of the Association, following a secret ballot of members of the Association employed by the University, decides otherwise.
5. If both sides agree on arbitration, that arbitration shall be binding on both sides.
6. There may be circumstances when the University or the Association needs to resolve an issue expeditiously. Should this occur, Stage (1) of this procedure may be omitted by mutual agreement of both parties, with the procedure beginning at Stage (2).

7. Facilities

8. On a request by an officer of the Association to the Secretary of the University Court, or the Secretary's delegate, facilities will be given for members of the Association to meet within the precincts of the University at any reasonable time during the day or evening.
9. General facilities shall, so far as reasonable and possible, be accorded to the Association and its officers in line with the guidance contained in the ACAS Code of Practice ('Time off for Trade Union Duties and Activities'). More specifically, facilities shall, subject to the approval of the employee's Head of Department, be afforded departmentally to any employee who for the time being holds the office of President, Secretary or Treasurer of the local Association or is an Officer of the National Association. Any employee who holds the office of President, Honorary Secretary or Honorary Treasurer of DAUT/or is an Officer of the National AUT shall be given reasonable relief from department duties. Service to DAUT or its parent bodies shall be taken into account as a contribution to administrative or other activities for the University in consideration of promotion or other advancement. In these respects the University Court agrees to use its good offices in seeking the help and co-operation of Heads of Departments in those matters included in this sub-clause for which their approval or agreement is required.
10. The University shall deduct the annual subscription to the Association from the salary of a member of staff who is a member of the Association and who has authorised this to be done by a written mandate signed by the member of staff.

11. New members of staff

The University Court, on engaging a member of staff eligible to transfer to, or join, the Association, shall inform the member that the Association is the sole bargaining agent for a specified group of members of staff which includes that member of staff. The University Secretary shall also intimate to the Secretary of the Association the name, departmental address and employment in the University of the new member of staff. The same information shall be provided in respect of members of staff who have resigned.

The University Court shall advise all Heads of Departments and Deans of Faculties of the terms of this Agreement before its commencement, or as soon as possible thereafter.

9. Period of agreement

This Agreement shall commence on 1 April 1994 and shall continue in force until one year's written notice of termination be given by either party. Amendments to the Agreement may be made with the consent of both parties.

10. Miscellaneous

11. The provisions of this Agreement are not intended to constitute a legally enforceable contract or series of such contracts, but are entered into and accepted, in good faith, by both parties.
12. It is noted that substantive agreements affecting individual terms and conditions of employment may create legally enforceable contractual rights and obligations for the University and the individuals concerned.