The Guarantee Payments (Exemption) (No. 21) Order 1981

36. Procedure for the Avoidance of Disputes

36.1.  These provisions are applicable to general plant hire operatives, drivers and mechanics who are employed by the member-firms of the Contractors' Plant Association covered by this Agreement. The parties to this Agreement accept that the object of this procedure shall be to provide suitable measures for the settlement of disputes at all levels and to maintain normal working during the process. Therefore, until all the provisions of this procedure have been exhausted there shall be no stoppage of work, either of a partial or general character, including a go-slow, a work-to-rule, a strike, a lock-out, or any other kind of restriction in output or departure from normal working.

36.2.  Negotiations under this procedure may be instituted by either the employer or the employees concerned.

36.3.  Any questions arising at site or depot level, including those involving the application or interpretation or other matters affecting this Agreement, shall be raised in accordance with the following provisions:

(a) An employee desiring to raise a question in which he is directly concerned shall, in the first instance, do so with his immediate supervisor or foreman in his employing firm.

(b) Should settlement not be reached under clause (a) above, the matter shall be discussed with the recognised representative(s) of the firm's employees and with the representative(s) of the firm's management, in the presence of both the employee and the supervisor or foreman concerned.

(c) Failing settlement under clause (b) above, the matter shall be reported to the local official of the Union, and may be referred to a meeting with the employer at a place and occasion suitable to both sides.

(d) If the matter still remains unresolved and the intention is to pursue it further it shall be referred for immediate consideration to the National Secretary of the Transport and General Workers' Union (Construction & Crafts Section) and the Secretary of the Contractors' Plant Association who, after such consultation as they may deem necessary, shall decided whether the dispute or question can be dealt with by administrative action or requires reference to the Conciliation Board and shall act accordingly.

36.4.  The Conciliation Board referred to in Rule 36.3 above shall be constituted as follows:

(a) The Chairman of the CPA Council, or his nominee and not more than two other duly authorised representatives of the Association;

(b) The National Secretary of the TGWU (Construction & Crafts Section), or his nominee and not more than two other appropriate full-time officials representating the Unions signatory to the Agreement.

36.5.  In the event of failure to agree under 36.4 above the signatory parties may by joint consent invite a mutually acceptable independent party to act as arbitrator.

36.6.  Failing settlement through the Conciliation Board under the provision of Rules 36.4 and 36.5 above the procedure shall be regarded as exhausted on the question concerned.