The Guarantee Payments (Exemption) (No. 25) Order 1989

APPENDIX `A' CONCILIATION PROCEDURE

Parties to this Agreement have agreed that BATJIC should provide a means of conciliation in any industrial relations problem that arises between an affiliated employer and the trade union. Conciliation procedures under this Agreement shall not come into effect until the internal company procedure has been exhausted. It is the intention of the parties that the Regional Joint Councils should have the responsibility of providing conciliation in their areas and matters should only be referred to the National Council for conciliation where the regions have been unable to reach a mutual finding. It is emphasised that whilst the procedures are in operation there should be no strike, lock-out or other coercive action by either of the parties to the dispute.

The following are rules by which a Conciliation Panel hearing shall be conducted, either at Regional or National level:

(a) When the internal procedure of the company is exhausted it shall be open to either party to make application for a Regional Conciliation Panel hearing by applying to the appropriate joint secretary. In certain circumstances it may be appropriate for a joint reference.

(b) Meetings of the Conciliation Panel should be convened at a time, date and place agreed by the joint secretaries and the Terms of Reference notified to the members of the Panel.

(c) The Conciliation Panel should consist of not less than three members from each side, including the joint secretaries and the Chairman, who shall have an independent vote.

(d) Written evidence should be submitted which may then be supplemented verbally at the hearing. The complainant party shall give evidence first, following which there may be questions from the respondent party.

(e) The respondent party shall then submit evidence after which the complainant may ask questions.

(f) The Conciliation Panel members will then have the right to question both parties on the evidence given in order to make their decision but there shall be no right of the parties to rechallenge the evidence of the other party.

(g) When all the evidence has been obtained, the parties shall withdraw from the hearing and the Conciliation Panel will determine its findings; each side voting independently to achieve an agreed finding.

(h) The decision will be forwarded to the parties to the hearing in writing.