or

or

7. The expense of any referral to ACAS or any other agreed body will be shared equally between the Company and the trades union(s) concerned, unless otherwise agreed by the parties.

Meetings

8.1 Meetings of the Council shall be held as often as necessary, as agreed between the parties.

8.2 A Chairperson and Secretary will be appointed by the Managing Director, London Underground.

8.3 The Agenda will be agreed between the Secretary of the Council and the trades unions and be circulated normally at least seven days prior to the meeting of the Council.

8.4 Agreed minutes will be issued as soon as practicable after each meeting.

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Annexe B to Machinery of Negotiation and Consultation

FUNCTIONAL COUNCIL

Title

1. Functional Council [the Councils].

There shall be five individual councils: - (i) Stations and Revenue Control Council (ii) Trains Council (iii) Signalling Operations Council (iv) Support Managers, Administrative, Technical and Operational Managers’ Council (v) Managers Council

Scope

2. Those employees of London Underground whose terms and conditions are regulated by joint agreements with trades unions shall be within the scope of the Councils.

Employees in Management Grade Bands K to U are not included.

Membership

3. Each Council shall comprise: -

(i) an Employer's Side with the number of representatives not exceeding the number of Staff Side representatives - plus one administrative support;

(ii) a Staffs' Side of representatives appointed by the arrangements specified in paragraph 5.

4. Each Staffs' Side representative shall be an employee of London Underground within the Functional Unit for which he/she is appointed and shall be a member of a recognised Trades Union.

5. The trades unions will notify management by the end of each year, the names of their representatives to serve on the respective Councils for the following year.

• The Trains Council shall consist of 9 staff representatives (6 ASLEF and 3 RMT) nominated by the respective trades union.
• The Stations & Revenue Control Council shall consist of 10 staff representatives (6 RMT and 4 TSSA) nominated by the respective trades union.
• The Signalling Operations Council shall consist of a total of 3 staff representatives, nominated by RMT.
• The Support Managers, Administrative, Technical and Operational Managers Council shall cover all functions and consist of a total of 5 staff representatives, who may be members of either ASLEF, BTOG, RMT or TSSA. (ASLEF representing Operational Managers, BTOG representing Operational Managers and Support Managers, RMT representing Operational Managers and Administrative staff, TSSA representing Operational Managers, Support Managers, Administrative and Technical staff) 1 representative shall be nominated by ASLEF, BTOG and RMT and 2 representatives shall be nominated by TSSA.
• The Managers Council shall cover all functions and consist of a total of 3 staff representatives, who may be members of either BTOG or TSSA. 1 representative shall be nominated by BTOG and 2 representatives shall be nominated by TSSA.
• For each Council, the staff representatives shall agree to one of their number acting as the Staff Side Secretary. The other trades union(s) would also have a recognised spokesperson.

6. The period of office of Staffs' Side representatives will be up to three years, but they may be re-appointed.

7. If a representative ceases to work in the function concerned, they will also cease to be a staff representative for that function.

8. The prevailing agreements relating to Time Off for Trades Unions Duties and Activities shall apply and will cover release for meetings of the Council (including preliminary meetings) and acting as an advocate at a Disciplinary Hearing.

9. Casual vacancies occurring will be filled under the arrangements specified in paragraph 5. A representative appointed to fill a casual vacancy will hold office for the remainder of the period for which his/her predecessor was appointed. In the event of absence of a representative, the office may be covered by co-option by agreement between the Management Chair and the trades unions concerned; the person co-opted shall not hold office for longer than the remaining period for which the office holder was appointed. Those appointed or co-opted under these provisions shall meet the requirements set out in paragraph 4.

10. Any proposed changes to the number of agreed representatives for the Functional Councils can only be discussed and agreed at the Company Council.

Purpose

11.1 The following questions for negotiation are within the purpose of the Council:-

(i) Framework Agreements;

(ii) to deal with failures to agree on issues recorded at the local level;

(iii) impact upon staff of the introduction of new timetables and schedules;

Agreements made at this level can be remitted to local level for implementation, where necessary.

11.2 The following matters for consultation are within the purpose of the Council: -

(i) the application and operation of the disciplinary procedure;

(ii) the application of equal employment opportunities;

(iii) changes to timetables and schedules;

(iv) training (excluding safety training, which will be discussed within the Health and Safety Machinery).

Conduct of Business

12.1 The questions referred to under paragraph 11.1 shall be determined and finalised by the Council concerned, but will also be covered by the arrangements shown in paragraph 14.4.

12.2 Where appropriate, sub committees may be formed by the Council to deal with a specific matter. Agreements reached by this means should be remitted to the full Council for ratification.

12.3 Agreements reached by the Council may be referred for implementation to local level. Such agreements shall specify the extent of any discretion that can be exercised at local level in implementing the decision.

Meetings

13.1 Meetings of the full Council will take place at least five times per year in the case of Stations and Revenue Control and Trains. For Signalling Operations, Support Managers, Administrative, Technical and Operational Managers and Managers Councils meetings shall take place at least twice a year. In the event of an issue arising that requires urgent attention, an additional meeting can be arranged by agreement between the Management and Staff Side Secretaries. This should normally take place within 14 days of the request.

13.2 The Chairperson of the Council and the Secretary of the Council will be appointed by the Employer's Side.

13.3 The Agenda will be agreed between the Secretary of the Council and the relevant Staffs' Side Secretary and circulated normally at least seven days prior to the meeting. The Staff Side Secretary will be required to list for the Agenda an issue raised by a minority trades union, providing that it is covered by paragraphs 11.1 and 11.2.

13.4 Agreed minutes will be issued as soon as practicable, but normally no later than four weeks after each meeting.

13.5 After each meeting of the Council a statement will normally be issued to staff outlining matters discussed, actions proposed and agreements reached.

13.6 Where assistance with a specific issue is required, both Management and Staff Representatives on each of the Councils can propose that a person with specific knowledge and/or expertise be co-opted on to the Council for that issue. Where this is agreed, the secretary will make the necessary arrangements.

Avoidance of Disputes

14. In the event of differences of a collective nature which are not settled between local managers and local representatives at the level directly concerned, the procedure set out below will apply: -

14.1 Following a recorded failure to agree at the local level the Secretary and/or Staff Side Secretary shall immediately refer the question to the Employee Relations Manager responsible for the group, area, or depot concerned, who will endeavour to resolve the matter within seven days.

14.2 If the matter remains unresolved, then the question can be referred by management or staff side for discussion by the Functional Council, providing that it has not already been discussed at that level. However this does not preclude the issue being resolved by the Employee Relations Manager before the next scheduled meeting of the Council.

14.3 The discussions at Functional Council will normally take place at the next scheduled meeting following the reference being made to the Secretary. If considered appropriate, the question may be referred back to local level for further discussion and/or implementation.

14.4 If the discussions at the Functional Council fail to settle a difference and it is a matter of principle, the issue can be referred to an ad hoc meeting with the Director concerned.

The Staff Side of the Director’s meeting shall include full time trades union officials and each trades union shall be represented on the following basis: -

Trains Meeting - ASLEF 3 representatives, RMT 2 representatives.

Stations Meeting - RMT 3 representatives, TSSA 2 representatives.

Signalling Operations Meeting - RMT 2 representatives.

Operational Managers, Support Managers, Technical & Admin Staff Meeting - RMT a maximum of 1 representative; TSSA a maximum of 2 representatives; ASLEF a maximum of 1 representative; BTOG a maximum of 1 representative.

Managers Meeting - BTOG A maximum of 1 representative; TSSA A maximum of 2 representatives.

All the above numbers include any administrative support.

The Director will be assisted by a secretary and up to 3 other Senior Managers, as necessary.

14.5 In the event of an issue remaining unresolved, the same arrangements as set out in paragraph 6 of Annexe A will apply.

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Annexe C to Machinery of Negotiation and Consultation

ARRANGEMENTS FOR LOCAL REPRESENTATION

General Principle

1. The general principle underlying the machinery is that matters and questions should be discussed and decided at the most local level possible.

Representation

2.1 Local representatives for Operational Staff will be appointed by the recognised trades unions as detailed in Appendix A. Each recognised trades union with a minimum of 5 members in a constituency will have a minimum of 1 representative.

2.2 In the event of a reorganisation of the group, area or depot concerned, or a substantial variation in staff numbers or trades union membership, revisions to representation will be discussed by the Functional Council concerned and a joint proposal to amend Appendix A will be referred to the London Underground Company Council for ratification.

2.3 There will be no formal local committees for Managers, Operational Managers, Support Managers, Administrative and Technical Staff. All matters requiring discussion will normally be dealt with at the Functional Council. However, this does not preclude a meeting of local representatives with the appropriate local manager to discuss a particular issue concerning the local area. In this event, the trades unions concerned with the particular area/staff will each nominate a representative. Formal notes of any such meeting will be produced.

Appointment of Representatives

3.1 Candidates for appointment as local representatives must:

(i) be currently employed by London Underground and be working within the constituency in question;

(ii) be a member of a relevant trades union party to this Agreement;

3.2 Any employee who satisfies the requirements of 3.1 (i) and (ii) will be qualified to be nominated as a local representative.

3.3 The period of office of local representatives will be up to three years, but they may be re-appointed.

3.4 The trades unions will inform the Functional Personnel Manager each year by the end of December, their representatives for the following year.

3.5 If a representative ceases to work in the constituency concerned, they will also cease to be a representative for that constituency.

3.6 The prevailing agreements relating to Time Off for Trades Union Duties and Activities shall apply to staff representatives.

3.7 Casual vacancies will be filled under the above arrangements. A representative appointed to fill a casual vacancy will hold office for the remainder of the period for which his/her predecessor was appointed. In the event of the absence of a representative, the office may be covered by co-option by agreement between the trades union concerned and the appropriate Personnel Manager; the person co-opted shall not hold office for longer than the remainder of the period for which the office holder was appointed. Those appointed or co-opted under these provisions shall meet the qualifying requirements set out in paragraph 3.1.

Purpose

4.1 The questions for negotiation (discussion and resolution) between local representatives and the local manager shall be:

(i) the local application of agreements reached at other levels within the collective bargaining machinery;

(ii) issues referred down from other levels within the collective bargaining machinery;

(iii) collective grievances.

(iv) individual grievances where the individual wishes it to be referred to Local Level in accordance with the option within the Individual Grievance Procedure.

4.2 Matters for consultation between local representatives and the local manager may include:

(i) local performance and business developments;

(ii) local training plans;

(iii) local effects of changes within the Company;

4.3 Rosters – Extract from “Agreement for Operational Staff and Operational Managers (clauses 6.1.1 and 6.1.2)”

It remains management’s responsibility to determine staffing levels to match business needs, but this will be done in full consultation with the trades unions.

Duty rosters will be constructed to meet business needs in providing a safe, efficient, quality service to the customers. This will be done within the negotiated criteria laid down in the framework agreement for the activity concerned and in full consultation with the trades unions.

The local manger will arrange for duty rosters to be compiled in accordance with the above principles and will consult the local representative(s) with a view to reaching agreement. Any disagreement on duty rosters may be raised within the grievance procedure.

4.4 A question under paragraph 4.1, which is unresolved at local level, will be progressed in accordance with clauses 14.1, 14.2 and 14.3 of Annexe B.

Local representative group meetings

5. Where an issue of joint interest arises that affects more than one local constituency, then an ad hoc joint meeting can be proposed by either management or the staff side to consult and / or negotiate where appropriate to resolve the issue. This will be chaired by one of the Centurions concerned in the presence of appropriate local managers and should normally take place within 14 days of the request.

Administration

6. Meetings between local representatives and the local manager/supervisor will take place not less than four times a year. Where an unscheduled meeting is requested regarding an urgent matter that cannot wait until the next scheduled meeting, this should normally take place within 14 days of the request.

7. The prevailing agreement relating to Time Off for Trades Unions Duties and Activities shall apply to local staff representatives.

8. Agreed minutes will be issued as soon as practicable after each meeting.

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LONDON UNDERGROUND

INDIVIDUAL GRIEVANCES

Parties

1. The parties to this Agreement are London Underground and the trades unions, i.e. the Associated Society of Locomotive Engineers and Firemen (ASLEF), the British Transport Officers' Guild (BTOG), the National Union of Rail, Maritime and Transport Workers (RMT) and the Transport Salaried Staffs’ Association (TSSA).

Scope

2. Employees within the scope of the Machinery of Negotiation and Consultation and Management Staff shall be within the scope of this Agreement.

The Agreement

3. The parties agree that individual grievances will be addressed under the procedure set out in the annexe to this Agreement.

Signed on behalf of: - _____________________________________ London Underground ____________________________________ Associated Society of Locomotive Engineers and Firemen ____________________________________ British Transport Officers’ Guild ____________________________________ National Union of Rail, Maritime and Transport Workers ____________________________________ Transport Salaried Staffs’ Association

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The Individual Grievance Procedure

Purpose

1.1 It is expected that most problems concerning an individual employee and his/her employment with London Underground will be dealt with satisfactorily in the course of the normal working relationship between the employee concerned and his/her immediate supervisor.

1.2 The purpose of the individual grievance procedure is to provide a framework for dealing promptly and fairly with problems which have not been sorted out through the normal working relationship. The objective is to settle the matter as near as possible to its origin.

Procedure

2.1 The procedure is as follows: -

Step I -

An employee with a grievance regarding any matter affecting his/her employment shall in the first instance raise it formally with his/her immediate supervisor/manager in writing. The Supervisor/Manager should respond in writing within 7 days.

Step II -

If the employee is not satisfied with the outcome at Step 1, he/she may then either:-

or

or

or

Step III -

If the employee chooses to raise the grievance with the appropriate next level manager, with or without assistance, and considers the grievance has not been resolved, then the employee may:-

or

or

This will be the final stage in the individual grievance procedure.

2.2 A brief record of each stage will be kept.

2.3 If at any stage while considering a question under this procedure it becomes apparent that the question is one of collective application, it shall no longer be considered under this procedure but shall be referred to the appropriate level of the collective bargaining procedure.

2.4 Grievances of a collective nature will not be eligible for discussion through this individual grievance procedure; such cases are to be handled through the collective bargaining procedure. The staff concerned must refer the matter to their local representative, who will raise it with their local supervisor/manager as appropriate. Failing satisfactory resolution within 7 days, the matter then becomes eligible for discussion at Local Level.

2.5 Complaints of harassment (on the grounds of race, colour, nationality, gender, disability, sexual orientation, age or any other personal characteristic) will not be dealt with under these arrangements. They will be dealt with under the Harassment Procedure from the end of March 2000.

In the case of any other issue of a personal nature which the individual does not wish to raise either with the local Supervisor or Manager, the employee may raise the grievance with the appropriate manager responsible for employee relations in the group, area or depot concerned.

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APPENDIX A

LOCAL LEVEL CONSTITUENCIES

STATION AND REVENUE CONTROL STAFF

BCV (Bakerloo Line)

North Group (Kilburn Park) - 1 RMT, 1 TSSA

Charing Cross - 1 RMT, 1 TSSA

Oxford Circus - 1 RMT, 1 TSSA

BCV (Central Line)

Barkingside - 1 RMT, 1 TSSA

Bond Street - 1 RMT, 1 TSSA

Buckhurst Hill - 1 RMT, 1 TSSA

Bank - 1 RMT, 1 TSSA

Greenford - 1 RMT, 1 TSSA

Leyton - 1 RMT, 1 TSSA

White City - 1 RMT, 1 TSSA

BCV (Victoria Line)

Victoria - 1 RMT, 1 TSSA

Blackhorse Road - 2 RMT, 1 TSSA

Brixton - 1 RMT, 1 TSSA

BCV (Revenue Control)

Revenue Control - 2 RMT, 1 TSSA

SUB-SURFACE (District Line)

Hammersmith - 1 RMT, 1 TSSA

Earls Court - 1 RMT, 1 TSSA

Gloucester Road - 2 RMT, 1 TSSA

Embankment - 2 RMT, 1 TSSA

Tower Hill - 2 RMT, 1 TSSA

Plaistow - 2 RMT, 1 TSSA

SUB-SURFACE (East London Line)

East London - 1 RMT, 1 TSSA

SUB-SURFACE (Metropolitan and Circle Lines)

Harrow - 2 RMT, 1 TSSA

Edgware Road - 1 RMT, 1 TSSA

Baker Street - 1 RMT, 1 TSSA

Kings Cross - 1 RMT, 1 TSSA

Liverpool Street - 1 RMT, 1 TSSA

Ladbroke Grove - 1 RMT, 1 TSSA

SUB-SURFACE (Revenue Control)

Revenue Control - 2 RMT, 2 TSSA

JNP (Jubilee Line)

Waterloo - 1 RMT, 1 TSSA

Wembley Park - 1 RMT, 1 TSSA

Willesden Green - 1 RMT, 1 TSSA

London Bridge - 1 RMT, 1 TSSA

Canary Wharf - 1 RMT, 1 TSSA

JNP (Northern Line)

Finchley Central - 1 RMT, 1 TSSA

Camden Town - 1 RMT, 1 TSSA

Kennington/Oval - 2 RMT, 1 TSSA

Colliers Wood - 1 RMT, 1 TSSA

Edgware - 2 RMT, 1 TSSA

Goodge Street - 1 RMT, 1 TSSA

JNP (Piccadilly Line)

Arnos Grove - 2 RMT, 1 TSSA

Finsbury Park - 2 RMT, 1 TSSA

Leicester Square - 2 RMT, 1 TSSA

Green Park - 1 RMT, 1 TSSA

Acton Town - 2 RMT, 1 TSSA

Heathrow - 1 RMT, 1 TSSA

JNP (Revenue Control)

Revenue Control - 3 RMT, 2 TSSA

TRAIN STAFF

BCV (Bakerloo Line)

Elephant & Castle Depot - 1 ASLEF, 1 RMT

Queens Park Depot - 1 ASLEF, 1 RMT

BCV (Central Line)

Hainault Depot - 1 ASLEF, 2 RMT

Leytonstone Depot - 2 ASLEF, 2 RMT

West Ruislip Depot - 1 ASLEF, 1 RMT

White City - 1 ASLEF, 2 RMT

BCV (Victoria Line)

Northumberland Park Depot - 2 ASLEF, 2 RMT

JNP (Jubilee Line)

North Greenwich Depot - 2 ASLEF, 1 RMT

Wembley Park - 3 ASLEF, 1 RMT

JNP (Northern Line)

East Finchley Depot - 3 ASLEF, 1 RMT

Morden Depot - 3 ASLEF, 4 RMT

Golders Green Depot - 3 ASLEF, 3 RMT

JNP (Piccadilly Line)

Acton Town - 2 ASLEF, 2 RMT

Arnos Grove - 2 ASLEF, 2 RMT

SUB-SURFACE (District Line)

Acton Town Depot - 2 ASLEF, 1 RMT

Parsons Green Depot - 2 ASLEF, 1 RMT

Barking Depot - 1 ASLEF, 1 RMT

Upminster Depot - 2 ASLEF, 1 RMT

SUB-SURFACE (Metropolitan and Circle Lines)

Rickmansworth Depot - 2 ASLEF, 1 RMT

Neasden Depot - 2 ASLEF, 1 RMT

Edgware Road Depot - 3 ASLEF, 1 RMT

Barking Met - 2 ASLEF

SUB-SURFACE (East London Line)

New Cross Depot - 1 ASLEF, 1 RMT

SIGNALLING STAFF

BCV Signal Operations - 2 RMT

JNP Signal Operations - 2 RMT

SUB-SURFACE Signal Operations - 2 RMT

==============================================================

LONDON UNDERGROUND - MACHINERY OF NEGOTIATION

LOCAL LEVEL

Group Station Manager Revenue Control Manager

• A minimum of 2 representatives for each Group (Service Delivery area for Revenue Control staff) nominated by RMT and TSSA (see Appendix A).
• Meetings not less than 4 times a year.

Train Operations Manager

• A minimum of 2 representatives for each Depot nominated by ASLEF and the RMT (see Appendix A).
• Meetings not less than 4 times a year.

Nominated Service Control Manager

• 2 representatives of Signalling Operations for each Service Delivery area nominated by the RMT.
• Meetings not less than 4 times a year.

NOTE In the event of a failure to agree at Local Level, the matter will be referred immediately by the Secretary and/or Staff Side Secretary to the appropriate manager dealing with Employee Relations issues to see if it can be resolved within 7 days. If the matter remains unresolved, it will be referred to the Functional Council.

FUNCTIONAL COUNCIL

STATIONS & REVENUE CONTROL COUNCIL

• Chaired by a nom GM.
• 10 representatives – 6 RMT, 4 TSSA nomination by the trades unions concerned. Representatives will serve for up to 3 years.
• Reps released as necessary.
• Meets at least 5 times a year

TRAINS COUNCIL

• Chaired by a nom GM.
• 9 representatives - 6 ASLEF, 3 RMT nominated by the trades unions concerned. Representatives will serve for up to 3 years.
• Reps released as necessary.
• Meets at least 5 times a year

SIGNALLING OPERATIONS COUNCIL

• Chaired by a nom GM.
• 3 representatives nominated by the RMT to serve for up to 3 years.
• Reps released as necessary.
• Meets at least twice a year

SM, TECHNICAL, ADMIN & OPERATIONAL MANAGERS COUNCIL

MANAGERS COUNCIL

• 3 representatives- 2 TSSA, 1 BTOG (Mgrs Council).
• Representatives to serve for up to 3 years.
• Reps released as necessary.
• Chaired by nominated GM.
• All day to day issues.
• Meets at least twice a year.

DIRECTOR’S MEETING In the event of a failure to agree at Functional Council on an issue of principle then the matter can be referred to an ad-hoc meeting with the Director of Station Services/Train Services/ Human Resources etc., as appropriate.

COMPANY COUNCIL

• Deals with pay and conditions only.
• 3 nominated trades union representatives, including any administrative support for the RMT, ASLEF, TSSA, and 1 representative for BTOG.
• Chair to be nominated by Managing Director.

ARBITRATION (ACAS)

CONSULTATIVE BRIEFING FORUM