The Guarantee Payments (Exemption) (No. 6) Order 1977

A Prevention or Settlement of Disputes

1.  The parties to the Agreement agree that in the event of any dispute or difference arising between their respective memberships or any of them, every means for effecting an amicable settlement shall be exhausted before resorting to direct action.

2.  Either or both of the parties to any difference or dispute which arises out of the operation of the Agreement may request that the difference or dispute be considered by a Disputes Panel.

3.  Such a request shall be made in writing to the appropriate Joint Secretary and on such reference being properly made it shall be the duty of the Joint Secretaries to confer and (if the matter is incapable of settlement by them jointly) to convene as soon as possible a Disputes Panel for the purpose of considering the difference or dispute.

4.—(a) Decisions of Disputes Panels shall be final and binding, except in the case of a dispute or difference over entitlement to guaranteed minimum earnings under the National Working Rules. In all other cases, where a Panel fails to reach a decision on any dispute or difference, the agreed procedures set out in this Rule shall be deemed to have been exhausted.

(b) Where a Panel fails to reach a decision on any dispute or difference over entitlement to guaranteed minimum earnings, either party shall give to the other notice in writing of such dispute or difference and such dispute or difference shall be and is hereby referred to the arbitration of such person as the parties may agree to appoint as Arbitrator or failing such agreement as may be appointed on the request of either party by the President for the time being of the Institute of Arbitrators.

5.  In no event shall such a decision form a precedent in any other difference or dispute outside the Steeplejack and Lighting Conductor Engineering Industry.

6.  Nothing in the foregoing arrangements shall be construed as conferring upon the said Panels the right to take decisions on matters of general rulings on the Working Rule Agreement.

7.  Disputes Panels shall consist of a Chairman appointed ad hoc together with the Joint Secretaries and shall consider individual employment grievances and disputes arising between employers and employees. Such Panels may:—

(a) Hold an enquiry without delay in the place where the dispute is occurring or about to occur or elsewhere as may be deemed most expedient.

(b) Take evidence from the parties concerned and otherwise enquire into the cause and nature of the dispute.

(c) Make such report and recommendations as the Panel may think fit to the respective national governing bodies as to the settlement of such dispute.

(d) Give such directions as the Panel may think fit as to preventing a stoppage of work or, in the event of a stoppage having taken place, as to providing for a resumption of work pending consideration of the report and recommendations under (c) aforesaid by the respective national governing bodies and ratification or otherwise by them.

8.  The expenses of those appointed to serve on Disputes Panels shall be paid by their respective organisations.

9.  Reports by Disputes Panels shall be laid before the respective national governing bodies of each side as soon as practicable after they have been received and be dealt with promptly in one of the following ways:—

(i) The recommendations may be approved and in that case communications shall be exchanged between the national governing bodies intimating that they will give effect thereto.

(ii) The recommendations may be disapproved wholly or partly in which case communications shall be exchanged between the national governing bodies as to the further steps which shall be taken in regard to the dispute or difference.