THIS AGREEMENT is made the Twentieth day of January One thousand nine hundred and seventy BETWEEN THE ELECTRICITY COUNCIL (hereinafter called “the Council”)THE NORTH OF SCOTLAND HYDRO-ELECTRIC BOARD and THE SOUTH OF SCOTLAND ELECTRICITY BOARD (hereinafter with the Council collectively called “the Employers”) of the one part and the TRADE UNIONS whose names are set out in the Appendix 1 to this Agreement who are collectively referred to in this Agreement as “the Unions” of the other part
WHEREAS:—
(1)
THE expression “Electricity Board” when used in this Agreement in the singular or the plural shall mean or include the Council, the North of Scotland Hydro-Electric Board, the South of Scotland Electricity Board, the Central Electricity Generating Board or an Area Electricity Board (all of whose names are set out in the Appendix 2 to this Agreement) and where appropriate shall include their predecessors.
(2)
THE Council have consulted with the Central Electricity Generating Board and the Area Electricity Boards in England and Wales and have been authorised by them to enter into this Agreement on their behalf.
(3)
AT a meeting of the National Joint Industrial Council on the eighteenth day of December One thousand nine hundred and sixty-nine, of the National Joint (Building and Civil Engineering) Committee on the fourteenth day of January One thousand nine hundred and seventy, of the National Joint Council on the thirteenth day of January One thousand nine hundred and seventy, of the National Joint Board on the sixteenth day of December One thousand nine hundred and sixty-nine and of the National Joint Managerial and Higher Executive Grades Committee on the nineteenth day of December One thousand nine hundred and sixty-nine it was resolved that this Agreement a copy of which was tabled at the said meetings shall form part of the terms and conditions of employment of each individual employee of the Electricity Boards immediately on the coming into operation of an exemption order under section 11 of the Redundancy Payments Act 1965 in respect of this Agreement and the Joint Secretaries of the respective negotiating Councils, Committees or Board were authorised to sign this Agreement on behalf of the Employers and of the Unions as indicated in the Appendix 1 hereto.
NOW in order to secure the continuity of employment of Electricity Board employees transferred between Electricity Boards, the Electricity Boards and the Unions mutually agree with each other as follows:—
1
The Electricity Boards and the Unions shall apply to the First Secretary of State being the Minister now responsible for the administration of the Redundancy Payments Act for an Order to be made under section 11 of the Redundancy Payments Act 1965 in respect of this Agreement that section 1 of the Act shall not apply to any person in respect of his employment with an Electricity Board, being an employment to which this Agreement applies.
2
The Electricity Boards and the Unions agree that Electricity Board employees shall have a right to payments on the termination of their contract of employment for reasons of redundancy on terms and provisions which subject to this clause are not less favourable than those laid down in the Redundancy Payments Act 1965 or any statutory modification thereof and although the Electricity Boards are not “associated companies” as defined in section 48 of the Redundancy Payments Act 1965 continuity of employment shall not have been or be broken where an employee has been or is during his employment with an Electricity Board transferred to another Electricity Board for any reason and re-engagement made by an Electricity Board or an offer of employment by an Electricity Board shall be treated as if the re-engagement or offer was made by an associated company as defined under section 48 of the Act but subject to the provisions of section 24 of the Redundancy Payments Act 1965 in the case of an employee to whom a previous redundancy payment has been paid and the provisions of this paragraph shall apply to every employee in whatever capacity he may have been or be employed by an Electricity Board immediately before or after the date of his transfer from one Electricity Board to another.
3
The Electricity Boards and the Unions are willing to submit to such a tribunal as is referred to in section 9 of the Redundancy Payments Act 1965 any question arising under this Agreement as to the right of an employee to a payment on the termination of his employment or as to the amount of such a payment as if the payment were a redundancy payment and the question arose under Part I of the Redundancy Payments Act 1965.
4
In order that all employees shall enjoy the advantages of this Agreement this Agreement shall form part of the contract of employment of each individual employee and this Agreement shall be incorporated into each individual contract of employment either specifically or by setting out this Agreement in a handbook which the individual contracts of employment will incorporate by reference.
5
Clauses 2 to 4 of this Agreement shall commence on the date of the coming into operation of the exemption order under section 11 of the Redundancy Payments Act 1965 for which application is to be made to the First Secretary of State in accordance with Clause 1 of this Agreement.
AS WITNESS the hands of Howard Sallis and Walter John Cyril Biggin, the Joint Secretaries of the National Joint Industrial Council, the said Howard Sallis and Harry Job Owen Weaver, the Joint Secretaries of the National Joint (Building and Civil Engineering) Committee, Wilfred James Browning and Thomas George Allcock, the Joint Secretaries of the National Joint Board, William George Frederick John and Philip Henry Rowley, the Joint Secretaries of the National Joint Council and the said William George Frederick John and the said Thomas George Allcock, the Joint Secretaries of the National Joint Managerial and Higher Executive Grades Committee the day and year first before written.
APPENDIX 1
(a) Trade Unions represented on the National Joint Industrial Council—
Amalgamated Union of Engineering and Foundry Workers
Electrical, Electronic and Telecommunications Union—Plumbing Trades Union
General and Municipal Workers Union
Transport and General Workers Union
(b) Trade Union represented on the National Joint (Building and Civil Engineering) Committee—
National Federation of Construction Unions
(c) Trade Unions represented on the National Joint Council—
Clerical and Administrative Workers Union
National and Local Government Officers Association
General and Municipal Workers Union
Transport and General Workers Union
(d) Trade Union represented on the National Joint Board—
Electrical Power Engineers Association
(e) Trade Unions represented on the National Joint Managerial and Higher Executive Grades Committee—
Association of Managerial Electrical Executives
Electrical Power Engineers Association
National and Local Government Officers Association
