Appendix 1.1

From SNCT Handbook

PART 1: APPENDIX 1.1 - THE CONSTITUTION OF SNCT

1. NAME OF ORGANISATION

The body will be known as the Scottish Negotiating Committee for Teachers (SNCT).

2. SCOPE OF THE COMMITTEE

The Committee's remit is to consider salaries and conditions of service for teachers, music instructors, educational psychologists, quality improvement officers and education support officers who are employed by Scottish local authorities. The objectives of the negotiating body are:

(a) to create a salaries and conditions of service structure that contributes to a highly skilled and highly motivated teaching profession and underpins the delivery of a quality education service;

(b) to ensure that the outcome of negotiations secures, and maintains, appropriate levels of remuneration for the profession to enhance professional status; and

(c) to ensure that salaries and conditions of service reflect professional status including the commissioning, from time to time, of research on the comparative external position in order to inform its deliberations.

3. MEMBERSHIP

3.1 The Committee will have 22 members, appointed annually, drawn from the Convention of Scottish Local Authorities (COSLA), the Scottish Government and organisations representing teachers.

3.2 COSLA will have eight representatives and the Scottish Government will have three representatives.

3.3 The 11 representatives of teaching organisations will be drawn from the following associations. It will be for the Teachers’ Side to determine its representation, relative to memberships.

(a) Educational Institute of Scotland (EIS)

(b) National Association of School Teachers/Union of Women Teachers (NASUWT)

(c) Community

(d) Scottish Secondary Teachers’ Association (SSTA)

(e) Association of Head Teachers and Deputes in Scotland (AHDS)

(f) School Leaders Scotland (SLS)

3.4 Failure to appoint the allocated number of representatives by any of the parties/organisations cited in paragraphs 3.2 and 3.3 above will not invalidate any decision of the Committee.

3.5 In the event of any representative being unable to attend a meeting of the Committee, the sub groups or working parties, then a substitute from the nominating body, as named in paragraphs 3.2 and 3.3, may attend in his/her stead.

3.6 Should a vacancy arise for any reason, then a new member will be appointed from the original nominating body and will be entitled to attend meetings of the Committee for the period of the previous member’s appointment.

3.7 There will be an Annual General Meeting. At the Annual General Meeting, Office Bearers, representatives of the constituent bodies and organisations, Joint Secretaries, the Treasurer and Auditors shall be appointed and a cycle of meetings for the coming year shall be arranged.

3.8 The chair of the Committee will rotate amongst the three constituent sides and there will be a designated spokesperson for each of the constituent sides.

4. SUB GROUPS, WORKING PARTIES AND ADVISERS

4.1 The Committee may establish sub groups, working parties or commission research and investigations to serve whatsoever relevant purpose provided there is agreement to do so. The Committee may also appoint Advisers, other than those appointed for the specific purpose of advising COSLA and the Teachers’ Side, for such purposes.

4.2 The Committee, sub group or working party, may invite any persons to attend, and speak at, any meeting because of their expertise or specialist knowledge. Any person attending such meetings has no formal rights or status other than the ground upon which they were asked to attend.

5. FUNCTIONS OF THE COMMITTEE

5.1 The functions of the Committee are as follows:

5.1.1 To negotiate sustainable collective agreements on salaries and conditions of service which contribute to the development of a highly skilled and motivated teaching profession.

5.1.2 To promote and support the application of such agreements in Scottish local government and the education service in particular, for the benefit of teaching staff, pupils and communities.

5.1.3 To promote co-operation between Scottish Government, employers and recognised teaching organisations.

5.1.4 To support the promotion of equality and the avoidance of discriminatory practices in employment.

5.1.5 To support the promotion of Career-Long Professional Learning.

5.1.6 To provide advice and assistance to education authorities, recognised teaching organisations and employees on salaries and conditions of service matters.

5.1.7 To provide a national conciliation service for the resolution of disputes that cannot be resolved locally.

5.1.8 To settle ultimately differences of interpretation and/or application of the National Scheme of Salaries and Conditions of Service for Teachers and Associated Professionals (the National Scheme) that cannot be resolved locally.

5.1.9 To undertake any activity which assists the functions of the Committee stated above.

6. OFFICERS

6.1 The Committee will appoint three Joint Secretaries for administrative duties representing COSLA, the Scottish Government and the Teachers’ Side and any other officers as is deemed necessary. The Joint Secretaries representing COSLA and the Teachers’ Side will be responsible for dealing with enquiries regarding the interpretation of the National Scheme.

7. APPEALS

7.1 If a teacher considers that he/she has a grievance with the employing authority regarding the application and/or interpretation of the National Scheme, he/she must exhaust the employing authority’s grievance procedure.

7.2 If a teacher is dissatisfied with the outcome of the employing authority’s procedures, then he/she may ask for the case to be considered by the Joint Secretaries representing COSLA and the Teachers’ Side.

7.3 The Joint Secretaries representing COSLA and the Teachers’ Side will consider whether the teacher’s case is competent, (that is, based on the application and/or interpretation of the National Scheme) and will issue advice to both parties to assist resolution. If mediation or the advice from the Joint Secretaries does not resolve the matter or if there is a failure to agree, then the Joint Secretaries will refer the case to an Appeals Panel of the Committee. The Appeals Procedure of the SNCT is provided in Annex A and also in Section 2 Appendix 2.14 of the National Scheme.

7.4 The Appeals Panel will consist of a member from each of the three sides of the SNCT; the Teachers’ Side, Scottish Government and COSLA.

7.5 The decision of the Appeals Panel will be final and be binding on all parties to the appeal.

8. MEETINGS OF THE COMMITTEE

8.1 The stipulation for the Annual General Meeting is outlined in paragraph 3.7 above.

8.2 Ordinary meetings of the Committee will be held as often as is deemed necessary.

8.3 The Joint Secretaries will call a special meeting if so requested by any of the three sides of the SNCT. The notice summoning the meeting will state the nature of the business to be transacted. The meeting will take place within 14 days of a requisition being submitted by one of the Joint Secretaries.

9. NOTICE OF MEETINGS

9.1 All notices of meetings of the Committee and related committees will be sent to representative members at least 7 days before the meeting.

10. DECISION MAKING

10.1 Decisions of the Committee will be by the agreement of all three sides.

10.2 Where there is a failure to agree, any one side may declare a dispute.

11. QUORUM

11.1 The quorum for Committee meetings is no less than one third of members of each of the three constituent bodies.

12. FINANCE

12.1 The administrative expenses of the Committee and related committees, and other relevant expenditure agreed by the Committee excluding the personal expenses of representatives which shall be met by the respective sides, shall be borne equally by the three sides unless otherwise agreed.

13. AMENDMENTS TO THE CONSTITUTION

13.1 The constitution may only be amended with the agreement of the Committee.

14. ARBITRATION

14.1 Any dispute may, with the consent of the Committee, be referred to arbitration.