National Recognition and Procedural Agreement Between Poundland Limited (Retail) And Union of Shop Distributive and Allied Workers - 2013

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1. RECOGNITION

This is an agreement between Poundland Limited, hereafter referred to as the Company and the Union of Shop, Distributive and Allied Workers, hereafter referred to as the Union.

The Company confers sole recognition and collective bargaining rights to the Union on all matters within the scope of this Agreement

2. SCOPE

i. This Agreement shall apply on a Company-wide basis to ail Company colleagues located at all offices and retail stores. For Assistant Manager Grades and above please refer to the Sata Agreement.

ii. The Company recognises the Union for the purposes of collective bargaining and negotiations relating to all contractual arrangements.

3. GENERAL PRINCIPLES

i. The Company and the Union are committed to working together in a spirit of partnership to the mutual benefit of the Company and its colleagues.

ii. The partners to this agreement recognise that they have a mutual objective in ensuring the success of the Company, as the basis on which improvements to pay and conditions can be achieved.

iii. The partners agree that good relations between them are essential to the success of the Company and that this is achieved through mutual respect, openness and trust.

iv. The partners recognise each other's legitimate and separate functions. The Union recognises the Company's right and responsibility to manage the business and the Company recognises the Union's right to represent the views and interests of its members.

v. In order to assist the Union to be fully representative of all colleagues, the Company agrees to bring to the attention of all new colleagues the desirability and details of membership of the Union and will encourage all new and existing colleagues to become and remain members of the trade union.

vi. The Union will have the facility to explain the benefits of membership to new colleagues as part of the induction process.

4. REPRESENTATION

Colleagues of the Company who are members of the Union may be elected as workplace representatives to represent Union members in accordance with the terms of this agreement.

4.1. Appointment

i. The Company and the Union will agree the number of representatives required.

ii. Representatives will be permanent colleagues and should have not less than 1 year's service with the Company prior to nomination, except in the case of a new store or site opening.

iii.As soon as a colleague ceases to be a member of the Union their appointment as a Union representative will cease.

iv. All representatives must be mutually acceptable to the Union and the Company, The Company will not unreasonably object to a choice of representative. In the event that the Company objects to a specific nomination, their objections will be put in writing to the Area Organiser concerned. The Area Organiser can appeal against the objection following which a meeting will be held to resolve the matter.

v. The Union will provide the Company with a list of appointed representatives and will supply credentials to its representatives.

vi. The Company and the Union recognise that it is in the interests of their partnership for Union representatives to receive relevant training. The Company agrees to provide union representatives with reasonable time off work without loss of earnings to attend approved Usdaw training in accordance with the provisions set out in the ACAS code of practice “Time off for Trade Union Duties and Activities”. The Union undertakes to give the Company reasonable notice of all requests for training leave.

4.2. Facilities

i. The Company will give facilities comprising office accommodation (not sole use), telephone, photocopier and fax.

ii. The Company will wherever possible make available accommodation for meetings of Union members. The dates and times of such meetings will be agreed between the parties and will be arranged to minimise disruption to the activities of the Company.

iii. Union representatives will be permitted to take reasonable time off without loss of earnings to carry out their duties and responsibilities under this agreement in accordance with the provisions the ACAS code of practice “Time off for Trade Union Duties and Activities”.

iv. Representatives seeking time off for union duties will inform management as far as possible in advance the reason and likely length of absence.

v. Should the Company request that such time off be postponed for operational reasons, the partners will endeavour to agree a suitable alternative. Neither party will act unreasonably on the question of postponement.

vi. The Company will provide union representatives with reasonable facilities to communicate with other colleagues, including notice boards and the internal mailing system.

vii. The Company agrees to deduct Union subscriptions from pay once it has the necessary authorisation from the colleague. Ail members will be encouraged to use this facility.

4.3 Facilities for Recruitment

Pound land recognises that the recruitment of new members helps sustain Usdaw as a successful organisation, able to make an independent contribution on behalf of the membership. Poundland therefore provides Usdaw with the facilities to recruit new members and supports staff joining and remaining in membership of Usdaw whilst employed by the Company.

The key opportunity for recruitment is at new starter inductions with other methods of recruitment remaining ongoing. To assist with this:

• Poundland will encourage all new and existing colleagues covered by this agreement to join Usdaw.

• Usdaw recruitment literature and an Usdaw membership application form will be given out with the induction pack to new starters.

• Shop Stewards/Usdaw Officials will be invited to attend all induction sessions to promote the benefits of Usdaw membership and will be allowed around 30 minutes to make an appropriate presentation (including questions and answers).

• The company will notify the Usdaw National Officer of all new store openings, a minimum of two weeks prior to opening with details of store address and contact details.

• In the event of a new store opening, an Usdaw Shop Steward/Official will be allowed around 45 minutes to make an appropriate presentation (including questions and answers) as part of the induction programme or, as agreed locally, the appropriate Shop Steward/Official will visit the store two days before opening to speak with all new colleagues.

• Poundland will also provide recruitment time and facilities for recognised Usdaw Officials to meet existing employees.

• From time to time, Usdaw may request that a Shop Steward is stood down from their normal role, typically for a six week period, to recruit non-members into Usdaw. Wages for all periods of stand down will be paid by the Company and reimbursed by Usdaw.

Academy/Academy2

Poundland agrees to allow release for nominated Shop Stewards to participate in Usdaw’s Academy or Academy2

Usdaw will formally request release to participate in either Academy from the HR Director.

Wages for all periods of stand down will be paid by the Company and reimbursed by Usdaw.

5. CONSULTATION

i. Both partners recognise that regular communication between the Company and its colleagues is vital. The Company and the Union are committed to effective, ongoing communications and to fully involving colleagues in the decision making process.

ii. Consultative mechanisms have been established to ensure that the views of all colleagues are consistently listened to and acted on.

iii. To facilitate this process, there will be a company wide joint consultation committee (hereafter referred to as the JCC). The JCC will discuss employee relations and other matters relevant to employment relations. The JCC will meet on a quarterly basis and its minutes will be circulated to ail JCC representatives and made available to all colleagues.

iv. The JCC will dedicate one of its meetings to the annual review of pay and conditions.

v. Membership of the JCC will consist of one Union representative from each of Usdaw’s Divisions, the appropriate levels of management and the Union’s National Officer.

6. BARGAINING ARRANGEMENTS

i. Pay awards and other appropriate corporate terms and conditions will be determined by a Negotiating Committee, involving representation from all areas of the business.

ii. The Negotiating Committee will consist of representatives of the union and management.

• The management representatives will be determined by the Company

• The union representatives will comprise of the JCC and the Union’s National Officer.

iii. All items for inclusion in the Union's wage claim will be submitted to the Company at least one week prior to the review meeting.

iv. The communication of the decisions shall be through an agreed joint statement, issued by the Union. The joint statement will be distributed to all Negotiating Committee members, relevant Management colleagues, Union representatives and displayed on colleague notice boards.

v. The joint statement, giving details of the proposed settlement, will be put to the Union members and voted on in a secret ballot, conducted by the Union.

7. FAILURE TO AGREE

i. The partners recognise that differences between them will arise and are committed to resolving these differences.

ii. The following procedure is designed to enable such differences to be resolved in a spirit of partnership, mutual trust and openness.

iii. The partners agree that they will work to avoid any breakdown in their discussions and the taking of unilateral action.

Stage One

Any matters in dispute will be discussed between officials of the union and the appropriate levels of management and a resolution attempted.

Stage Two

If the matter has not been resolved at Stage One, it may be discussed between the appropriate Company Senior Management and the Union's National/Divisional Officer whichever is appropriate. This may involve the support of ACAS with the agreement of both parties.

In the event of a failure to agree the Union will not take action until this process has been followed and exhausted. The status quo will be maintained during the process.

8. INDIVIDUAL GRIEVANCES

It is the Company’s policy to deal openly and fairly with any grievance or complaint raised by a colleague. All grievances are dealt with as quickly as possible and in line with the procedures detailed in the Company’s Colleague Handbook.

At every stage of the grievance procedure, the colleague has the right to be accompanied by a work colleague or Usdaw representative.

9. DISCIPLINARY PROCEDURE

The Company policy is designed to ensure fairness and consistency in the treatment of colleagues who become liable to disciplinary action as a result of any breach of their Contract of Employment or any failure to meet the standards required by the Company. It is not just a means of imposing sanctions on colleagues for such failures but also a means of encouraging improvements in individual conduct.

All disciplinary matters are dealt with as quickly as possible and in line with the procedures detailed in the Company’s Colleague Handbook.

At every stage of the disciplinary procedure, the colleague has the right to be accompanied by a work colleague or Usdaw representative.

10. EQUAL OPPORTUNITY

Both the Company and the Union are committed to the development of positive policies to promote equal opportunities in employment, regardless of colleagues’ sex, marital status, race, ethnic origin, religion, creed or disability.

The Company undertakes to draw opportunities for training and promotion to the attention of all colleagues, and to inform all colleagues of this Agreement. The Union pledges its full support for this activity.

Both the Company and the Union agree that they will review from time to time through their joint machinery, the operation of this equal opportunity policy and incorporate any agreed amendments.

If any colleague considers that they are suffering from unequal treatment on the grounds of sex, marital status, race, ethnic origin, religion, creed, physical or mental disability or sexual orientation, they may make a complaint, which will be dealt with through the agreed grievance procedure.

11. HEALTH AND SAFETY

Both the Company and the Union recognise the necessity for having an effective and comprehensive health and safety policy and will follow the procedures laid down in the Health and Safety at Work Act.

12. SIGNATORIES TO THE AGREEMENT

All those who have signed below signify their acceptance of this agreement between Poundland Limited and Usdaw.

This agreement is not intended to be contractual.

This Agreement becomes effective between the parties from the date of signature and will be reviewed on an annual basis. If either partner wishes to terminate the agreement, they must give six months notice in writing, to the Head Office of the Company or Union as appropriate.

- Signed on behalf of Poundland Limited

Mark Powell

HR Director

- Signed on behalf of the Union of Shop, Distributive And Allied Workers

David Gill

National Officer Usdaw

Date: 30 - 07 - 2013.

National Recognition and Procedural Agreement Between Poundland Limited (Retail) and Union of Shop Distributive and Allied Workers - 2013

Start date: → 2013-07-30
End date: → Not specified
Ratified by: → Other
Ratified on: → 2013-07-30
Name industry: → Retail trade
Name industry: → Retail sale of games and toys in specialised stores, Retail sale of food, beverages and tobacco in specialised stores
Public/private sector: → In the private sector
Concluded by:
Name company: →  Poundland Limited (Retail)
Names trade unions: →  USDAW - Union of Shop, Distributive and Allied Workers

TRAINING

Training programmes: → Yes
Apprenticeships: → No
Employer contributes to training fund for employees: → No

GENDER EQUALITY ISSUES

Equal pay for work of equal value: → No
Discrimination at work clauses: → Yes
Equal opportunities for promotion for women: → Yes
Equal opportunities for training and retraining for women: → Yes
Gender equality trade union officer at the workplace: → No
Clauses on sexual harassment at work: → Yes
Clauses on violence at work: → Yes
Special leave for workers subjected to domestic or intimate partner violence: → No
Support for women workers with disabilities: → No
Gender equality monitoring: → No
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