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					FOR CONSULTATION                            FINAL VERSION (as at 26th November 2010)


                        Neath Port Talbot County Borough Council
                        Local Government Services (“Green Book”)
                       Workforce Strategy Collective Agreement 2010

Parties, Definitions and General Provisions

1.1     This is a Collective Agreement (“the Agreement”) between Neath Port Talbot
        County Borough Council (hereinafter described as “the Council”) and its
        recognised trade unions under the National Joint Council for Local Government
        Services (“the Green Book”), being GMB, UCATT, UNISON and UNITE
        (hereinafter described as “the Trade Unions”).

1.2     It is the Council‟s intention that the provisions set out in this Agreement should
        also apply, as appropriate, to teaching and support staff employed directly by
        schools, together with those employees who are within the scope of the Soulbury
        Agreement, the JNC for Youth & Community Workers, the JNC for Chief
        Executives and the JNC for Chief Officers. The Council will continue to work with
        recognised trade unions for these categories of employee, along with School
        Governing Bodies where appropriate, to introduce the changes required at the
        earliest opportunity.

1.3     The Council and the Trade Unions hereby agree to the introduction of a revised
        Local Government Services Joint Trade Union Side voting system to replace the
        current arrangement and to more accurately reflect the respective levels of trade
        union membership within the Council. Each Trade Union will be entitled to the
        following votes in relation to any matter which it is proposed be the subject of an
        Agreement between the Council and the Trade Unions, with a majority of the total
        votes available being required to gain support for any proposed decision:

                UNISON           5 votes
                GMB              3 votes
                UNITE            1 vote
                UCATT            1 vote

        Further details of the Joint Trade Union Side‟s arrangements are set out in
        Appendix A to this Collective Agreement.

Principles and Purpose

2.1     The Council and the Trade Unions agree that the purpose of this Agreement is to:

        2.1.1 Address the measures identified herein in such a way so as to be better able
        to sustain and/or improve the public services that the Council provides;

        2.1.2 Work together effectively to reduce the costs of these services to reflect the
        substantial real terms reduction in the level of Aggregate External Finance (AEF)
        allocated to the Council in the medium term, as set out in the UK Government‟s
        Comprehensive Spending Review announcement of 20th October 2010 and the
        Welsh Assembly Government‟s budget and provisional revenue support grant
        settlement announcements in November 2010;


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        2.1.3 Protect, to the maximum extent possible, and for as long as possible, the
        Council‟s workforce from compulsory redundancies – a Joint Statement to this
        effect is set out in Appendix B;

        2.1.4 Reaffirm the willingness of all parties to this Agreement to address and
        mitigate the challenges presented by the cuts to public expenditure in a
        collaborative manner between employer, employees and their respective
        representatives.

Commencement and Duration

3.1     The individual provisions of this Agreement may be commenced immediately upon
        signature of this Agreement or as soon as practically possible thereafter; but in any
        event, all provisions will have effect no later than 1st April 2011.

3.2     Unless otherwise stipulated, the measures identified in this Agreement will be valid
        until 31st March 2012.

3.3     The Council agrees to formally review the position in relation to such changes,
        jointly with the trade unions, if the level of Aggregate External Finance (AEF)
        allocated to the Council is restored to 2010/2011 levels in real terms.

Safeguarding Employment / Voluntary Redundancy Scheme

4.1     The Council and the Trade Unions agree that the introduction of a Voluntary
        Redundancy (VR) Scheme (opened for Expressions of Interest from Monday 8th
        November 2010 until Monday 29th November 2010) in line with the decisions of
        the Personnel Committee on 13th October 2010, is an appropriate and timely
        measure which will assist the Council to start to reduce one element of workforce
        costs.

4.2     The Council and the Trade Unions hereby agree to work together to protect, to the
        maximum extent possible and for as long as possible, the Council‟s workforce from
        compulsory redundancies. It is recognised that this may not be possible in relation
        to employees employed under the auspices of School Governing Bodies and those
        employees whose posts are wholly or substantially funded from special or specific
        grants from third parties and which are reduced or discontinued by those third
        parties during the period covered by this Agreement. However, the Council will use
        its best endeavours to redeploy employees so affected or assist them with seeking
        alternative opportunities within the Council or elsewhere.

4.3     The Council will also continue to:

           restrict as far as is possible the recruitment of employees from outside of the
            Council to permanent posts;

           review the use of agency workers, with the objective of reducing overall usage;
            and




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           ensure that the trade unions are engaged in these review processes in a
            meaningful way.

4.4     It is agreed that a Procurement Agreement will be introduced on the basis set out in
        Appendix C.

Pay/Remuneration

5.1     To protect, to the maximum extent possible and for as long as possible, the
        Council‟s workforce from compulsory redundancies, the Council and the Trade
        Unions hereby agree as follows:

        5.1.1 Building upon a previous proposal from a trade union and on a temporary
        basis for a period of 12 months – from 1st April 2011 to 31st March 2012 - a “pay
        contribution” will made by all employees within the scope of this Agreement on the
        basis of a 2.0% reduction in the monetary value of each spinal column point as at
        1st April 2011. This will be offset by the equivalent of £250 per annum (for a full
        time employee) for spinal column points 4 to 24 inclusive, i.e. those employees
        being paid at a rate of less than £21,000 pa. See Appendix D for further details.

        5.1.2 Appropriate arrangements will be made, with individual employees where
        necessary, to ensure that the measure set out in paragraph 5.1.1 does not adversely
        affect the payment of LGPS pension benefits to any employee within the scope of
        this Agreement who may retire during or following the operation of this
        Agreement.

        5.1.3 If it is agreed in due course through regional or national negotiations that a
        payment of £250 pa, or any other sum, be made in respect of the 2011/2012
        financial year, it is agreed that the offsetting arrangements of £250 pa described in
        Appendix D will be adjusted/removed, in whole or in part, on a basis determined
        by the Council to prevent the Council being required to meet this cost twice;

        5.1.4 It is noted by the Council that the provisions set out in paragraphs 5.1.1 and
        5.1.3 above are dependent upon the introduction of the Procurement Agreement
        referred to in paragraph 4.4 above.

        5.1.5 Linked to 5.1.1 above, for the same period, the Chief Executive will
        voluntarily make a pay contribution on the basis of 3% of pay as at 1st April 2011;

        5.1.6 Pay protection (in accordance with the Council‟s Management of Change
        Partnership Agreement) to be varied in terms of the scope of the pay protection
        offered (see Appendix F), together with a reduction in duration to 12 months.

Premium Rates of Pay/Revised working hours, including annualised hours

6.1     The Council and the Trade Unions hereby agree that:

        6.1.1 All overtime working on weekdays will be paid at time plus 30%; all
        overtime and unsocial hours working on Saturday and Sunday will be paid at time
        plus 30%; see Appendix G for further details.


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           6.1.2 The Council and the Trade Unions further agree that it is important from an
           affordability point of view that overtime is only worked when essential and when
           the extra costs involved are fully justifiable, with both parties to work together to
           achieve this aim.

           6.1.3 By no later than the end of this Agreement, the arrangements described
           above in 6.1.1 and 6.1.2 will be supplemented by the introduction of new working
           hour rota arrangements, annualised hours contracts and other associated changes,
           through negotiation and agreement with the trade unions, which will seek to reduce
           the incidence of overtime and unsocial hours working, wherever feasible and
           always having regard to service delivery needs. The Council will ensure that this
           provision is implemented in a fair and reasonable manner within all service areas,
           in full consultation with the Trade Unions. In the absence of such an agreement by
           30th September 2011, the new arrangements required will be the subject of
           independent arbitration.

Allowances/Fees

7.1        The Council and the Trade Unions hereby agree the cessation of:

           7.1.1 Essential user car allowance payments and all other car allowance payments
           currently in operation and the introduction of a standard car allowance mileage rate
           of 40 pence per mile (for first 10,000 miles pa) in line with the rates identified by
           HM Revenue & Customs (HMRC); see Appendix H for further details. A review
           will be carried out by no later than 30th September 2011 of the requirement by the
           Council for specific postholders to provide the use of a personal vehicle for
           business travel purposes. Additionally, the Council and the Trade Unions will seek
           to reduce, by working together, the current total of 3.3 million miles of business
           journeys miles travelled each year by at least 10%;

           7.1.2 The payment by the Council of any fees which may be announced by the
           Independent Safeguarding Authority (ISA) in due course, such fees to be borne by
           the employees / job applicants who will be registered with the ISA; see Appendix I
           for further details; and

           7.1.3 The current disturbance allowance payment scheme 1, subject to any
           existing commitments to individual employees being honoured until the agreed
           expiry date of existing payments, and the introduction of a revised disturbance
           allowance scheme with a reduction in duration to 18 months and which also takes
           into account the provisions of the mobility and flexibility clauses referred to in
           8.1.2 below and Appendices J and L of this Collective Agreement.

8.1        The Council and the Trade Unions also hereby agree the introduction of:
           8.1.1. The revised standby payments set out in Appendix K; and




1
    This matter is covered by Part 2 of the Green Book



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        8.1.2    The mobility and flexibility clauses set out in Appendix L, to be applicable
                 to the current administrative boundaries of this Council, Bridgend County
                 Borough Council and the City and County of Swansea to maximise the
                 efficient and effective delivery of Council services and facilitate the Welsh
                 Assembly Government‟s objective of greater collaborative working
                 between local authorities and across the public sector.

        8.1.3    The revised disturbance allowance scheme will apply to such journeys as
                 set out in Appendix L.

Recommendations to the Workforce/Enacting the Agreement

9.1     The Council and the Trade Unions hereby agree to recommend the terms of this
        Agreement, individually and collectively, to the workforce in the context of any
        ballot(s) of their respective memberships that are deemed necessary by one or more
        Trade Union. It is also agreed that all such ballots would be completed and the
        results declared by no later than Tuesday 21st December 2010; and

9.2     Following the completion of the above process., the Council will convene a
        meeting of its Personnel Committee to consider the terms of this Agreement by no
        later than 13th January 2011.

9.3     Whilst this Agreement will be applicable, at the time of its enactment, to all NPT
        Council employees within the scope of the Agreement (see paragraph 1.1), it is
        agreed that all provisions of this Collective Agreement will be discontinued in
        relation to those employees who will transfer to NPT Homes shortly prior to the
        transfer to NPT Homes taking place, subject to the transfer taking place prior to 31st
        March 2011. Pre-Collective Agreement pay and conditions of service will then
        apply on transfer.

Implementation and Monitoring Arrangements

10.1    The Council‟s Chief Executive will put in place suitable arrangements to ensure
        that all officers of the Council who have a responsibility for implementing this
        Agreement are made aware of the need to do so in a manner which fully and
        properly reflects the intentions of the signatories to this Agreement.

10.2    The Council‟s Head of Human Resources will arrange for this Agreement to be
        included as an agenda item on a quarterly basis for meetings of each Directorate‟s
        Joint Consultative Group.

10.3    It is agreed that the Council will consider introducing a mechanism which will limit
        the impact of the changes set out in this Agreement on an individual employee
        where evidence is provided to demonstrate that the impact over a sustained period
        of a combination of a number of measures arising from this Agreement is
        considered to be both unforeseen and unreasonable, having regard to all relevant
        circumstances. The Head of Human Resources will be responsible for putting in
        place, and operating, appropriate arrangements to consider the merits of any such
        case/s arising.



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        Duly authorised for and on behalf of the Council


        ………………………………………………….                                [Name & Title]


        Date:…………………………………………...



        Duly authorised for and on behalf of GMB


        ………………………………………………….                                [Name & Title]


        Date:…………………………………………...



        Duly authorised for and on behalf of UCATT


        ………………………………………………….                                [Name & Title]


        Date:…………………………………………...



        Duly authorised for and on behalf of UNISON


        ………………………………………………….                                [Name & Title]


        Date:…………………………………………...



        Duly authorised for and on behalf of UNITE


        ………………………………………………….                                [Name & Title]


        Date:…………………………………………...




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                                                                               APPENDIX A

                                    Terms of Reference
                        Local Government Services (LGS) Employees
                            Joint Trade Union Side Constitution

The LGS Joint Trade Union Side for Neath Port Talbot County Borough Council
recognises the importance of maintaining open and clear communications between the
recognised Trade Union representatives comprising of GMB, UCATT, UNISON and
UNITE.

It is appropriate that a consultative and negotiating committee should exist to provide a
mechanism for effective negotiations, communication, consultation and engagement on
matters affecting the Local Government Services workforce of Neath Port Talbot Borough
County Council.

The LGS Joint Trade Union Side will:

        i)       comprise 10 designated lay TU representatives drawn from the constituent
                 trade unions as follows - GMB 3 lay TU representatives, UCATT 1 lay TU
                 representative, UNISON 5 lay TU representatives and UNITE 1 lay TU
                 representative;
        ii)      permit substitutes to attend and vote, but only in relation to the numbers for
                 each TU referred to in i) above;
        iii)     operate on the basis of a minimum attendance (quorum) of 4 lay TU
                 representatives, with representatives from at least two different Trade
                 Unions being present;
        iv)      meet with management and HR representatives at least four times each year
                 and, additionally, as and when necessary;
        v)       be chaired by a lay TU representative;
        vi)      appoint a lead officer to co-ordinate TU attendance and responses;
        vii)     be supported by Regional TU Officers (in an ex-officio capacity) who will
                 attend LGS meetings, as appropriate;
        viii)    initiate a formal voting mechanism only where a consensus is not possible.
                 Only the lay members referred to in i) above will be allowed to vote, on a
                 “one person:one vote” basis; the chairperson will only be allowed one vote
                 and will not be allowed a casting vote;
        ix)      notify the Council‟s Head of Human Resources of the names and contact
                 details of the designated lay representatives referred to in i) and ii) above,
                 together with any changes which may occur from time to time




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                                                                            APPENDIX B


 Joint Statement By Neath Port Talbot Council and GMB/UCATT/UNISON/UNITE

            Joint Commitment To Seek To Avoid Compulsory Redundancies


The Commitment

    1. It is acknowledged by the Council and the Trade Unions that the scale of the budget
       deficit faced by the Council over the next four years means that a significant
       reduction in headcount is inevitable.

    2. The parties to this Statement are, however, committed to working in partnership to
       address this deficit, to seek to safeguard the continuing employment to the
       maximum extent possible and for as long as possible, the Council‟s workforce from
       compulsory redundancies.


    3. The Council and the Trade Unions both recognise the importance of stable and
       positive employee relations and are both committed to speedy and effective
       consultation and negotiation processes in relation to all proposed changes which
       affect the workforce.

    4. It is recognised by the Council and by the Trade Unions that current levels of pay
       and conditions of service have been the subject of local and national negotiations
       over a number of years (including the job evaluation agreement), but it is accepted
       that a reduction in pay and conditions of service for employees – some on a
       temporary and some on a permanent basis - will assist to enhance job security for
       the Council‟s employees in the current challenging budgetary climate.

    5. The Managing Change In Partnership Agreement which has been made between
       the Council and the Trade Unions will be the framework within which this change
       programme will be progressed.

    6. Within this framework, the Council and the Trade Unions will actively pursue a
       range of measures to safeguard the employment of persons who wish to remain in
       the employment of NPT Council, including those set out below:

           Natural turnover; non-filling of vacant posts;

           Restrictions on external recruitment;

           Two Tier Prior Consideration;

           Reduction in the use of Agency Workers;

           Promotion of flexible working and flexible retirement;



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           Minimising contractual overtime and reducing non-contractual overtime;

           Employee Support Scheme arrangements to support employees affected by the
            Council‟s change programme;

           Secondments;

           Greater flexibility in organisational arrangements and job roles, alongside
            increased geographical flexibility and mobility;

           Flexible movement of employees from lower to higher priority jobs, new roles
            and different location;

           Redeployment;

           “Bumped” redundancies;

           Seeking of volunteers for voluntary redundancy; and

           Maximising attendance at work, including a thorough review of sickness
            absence arrangements.

        The implementation and operation of these measures will be monitored jointly
        through established management / trade union consultative arrangements.




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                                                                              APPENDIX C

PROCUREMENT AGREEMENT

The Council will:

   inform the trade unions of any proposed new service reviews which may subsequently
    result in a procurement process and will fully consult and engage with the trade unions
    throughout the service review, service transformation and/or procurement process (this
    will not apply to the purchase of goods);

   carry out an equality impact assessment on any significant proposed reorganisation of
    services, including the impact on the workforce;

   carry out an options appraisal before any formal procurement process is commenced;

   ensure that an in-house service improvement plan will precede and inform any
    procurement process, and be included in the options appraisal exercise;

   ensure that the trade unions have an opportunity to make an input into, and comment
    on, all aspects of the procurement process before key decisions are made;

   consult the trade unions on the drafting of any OJEU notice it proposes to issue;

   invite the trade unions to make an input into the design and content of the PQQ
    process, including the development of specific “weighting” factors;

   assess social, economic, equality and environmental impact at both options appraisal
    and bid evaluation stages. The assessment and evaluation of all proposals will take
    into account the costs, loss of direct management control and any risks to service
    provision from the potential out-sourcing of services;

   arrange for the trades unions to be given timely access to all relevant information at
    each stage of the service review, options appraisal, and procurement process;

   provide assistance to the trades unions in the interpretation of information and
    proposals, including where appropriate financial support to enable the trade union to
    have complex information analysed;

   invite the trade unions to make an input into design and content of the process for
    selecting the successful contractor/s;

   facilitate meetings between the trade unions and potential service providers and short
    listed bidders at key stages of process; where requested, the Council will facilitate
    visits by trade union representatives to sites where the bidders have contracts; and

   provide information to the trade unions on the basis that the trades unions may use it
    for reasonable communication of relevant issues with their members, advisers and the
    Council, subject to the need for some information being treated on a confidential basis



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    support its own compliance with statutory public sector equality duties and its own
    Equalities scheme(s) by including specific requirements for, and monitoring of,
    contractors to improve equality for the workforce providing public services.

The Trade Unions will:

   accept that the process of consultation and engagement cannot be an open ended one;

   proactively work with the Council to ensure compliance with all aspects of the
    reasonable timescales set by the Council at the outset of each proposed change project
    or programme; within the reasonable timescales set by Elected Members when
    endorsing proposals in reports to the Council, Cabinet or the appropriate Committee or
    Board and within the statutory timescales that the Council itself must work (e.g. setting
    a lawful budget);

   respond promptly and fully to all consultation and negotiation obligations;

   ensure that its members in the service areas affected by the proposed changes are
    consulted in an effective and timely manner; and

   ensure that all information made available during a service review, service
    transformation and/or procurement process will only be disclosed to others on the
    basis intended, with suitable safeguards being provided about the use of confidential
    information.


It is noted by the Council and the Trade Unions that the position regarding two tier
workforce provisions is to be reviewed on all Wales basis within the context of the
Efficiency and Innovation Programme. The outcome will be acted upon locally at NPT
Council in an appropriate manner in due course.




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                                                                              APPENDIX D

Pay Contribution Scheme – 2.0%

Basis - 2.0% of basic pay, offset by approx £250 pa per employee (for a 37 hour
week)


                                                 £ pa
                                              Basic Pay          % contribution of
                        scp                (as at 1.4.2009)      contractual pay
                         4                      12,145                  nil
                         5                      12,312                  nil
                         6                      12,489                  nil
                         7                      12,787                  nil
                         8                      13,189                0.1%
                         9                      13,589                0.2%
                        10                      13,874                0.2%
                        11                      14,733                0.3%
                        12                      15,039                0.3%
                        13                      15,444                0.4%
                        14                      15,725                0.4%
                        15                      16,054                0.4%
                        16                      16,440                0.5%
                        17                      16,830                0.5%
                        18                      17,161                0.5%
                        19                      17,802                0.6%
                        20                      18,453                0.6%
                        21                      19,126                0.7%
                        22                      19,621                0.7%
                        23                      20,198                0.8%
                        24                      20,858                0.8%
                        25                      21,519                2.0%
                      scp 26                   £22,221                2.0%
                    and above                and above



This Scheme will operate for 12 months only - from 1st April 2011 to 31st March 2012
- and will then be withdrawn.




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                                                                              APPENDIX E

Pay Protection Scheme

Workforce Strategy Proposal:

Pay protection (in accordance with the Council‟s Management of Change in Partnership
Agreement) to be varied in terms of the scope of the pay protection offered, together with a
reduction in duration to 12 months.

Groups affected:

Those employed under the NJC for Local Government Services, the JNC for Chief
Executives and Chief Officers, the JNC for Youth and Community Workers and the
Soulbury Agreement.

It will also be the intention of the Council to recommend these proposals to School
Governing Bodies for adoption in relation to Teachers and school support staff, as
appropriate.

Proposals:

Details of the proposed Pay Protection Scheme are set out below.

The proposals limit the scope of pay protection and its duration to a period of 12
months.


                                 PAY PROTECTION SCHEME


1.      Policy Statement

1.1     The aim of the Pay Protection Scheme is to give employees who in specific
        circumstances are redeployed to jobs/posts that either attracts a lower rate of pay or
        a less favourable total pay package, a fair level of pay protection for a reasonable
        period of time.

2       Eligibility

2.1     The specific circumstances referred to above which entitle the employee to pay
        protection under this Scheme are detailed below:

        a) Where the Authority initiates an organisational change that results in the
           employee being redeployed;
        b) Where the Authority declares the job/post that the employee occupies redundant
           and the employee is offered and accepts redeployment;




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        c) When the Authority initiates an organisational change that results in the
           employee‟s contractual pay package being reduced e.g. a job is downgraded on
           a new structure;
        d) Where the employee has been certified as being permanently unfit to carry out
           the duties of their job but is offered and has accepts redeployment; or
        e) Where the employee has been advised following health surveillance monitoring
           that for health reasons he/she should not be working in a particular job / work
           pattern / location and is offered and accepts redeployment.

2.2     So there is no ambiguity employees will not be eligible for pay protection under
        this Scheme in the following circumstances:

        a) Where the employee seeks redeployment which the Authority is able to
           accommodate;
        b) Where under a TUPE transfer an employee on the TUPE list makes a request to
           remain with the Authority rather than being transferred and the request is
           accommodated;
        c) Where the employee is redeployed under the Probationary Scheme;
        d) Where the employee is offered and accepts redeployment under the Capability
           Scheme; or
        e) Where an employee requests a permanent transfer, for whatever reason, and the
           transfer is mutually agreed.

2.2     With the exception of school-based employees who are employed by schools under
        delegated powers, all permanent employees employed under the following
        Conditions of Service are covered by this Scheme:

        a)   NJC for Local Government Services;
        b)   JNC for Chief Executive and Chief Officers;
        c)   JNC for Youth and Community Workers;
        d)   Soulbury Agreement

2.4     Employees on temporary or fixed term contracts, who have continuous service of 2
        years or more, may be eligible to receive pay protection under this Scheme,
        depending on the nature of the individual employment contract, and for no duration
        that exceeds 12 months or the original duration of the temporary or fixed term
        contract, whichever is the sooner.

3.      Scheme Support

        Prior Consideration

3.1     The Council will positively assist employees, who are in receipt of pay protection
        under this Scheme, to reduce or to eliminate their loss of “pay,” by granting them
        “prior consideration” status, when applying for job vacancies for the duration of
        pay protection.

        Financial support

3.2


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Pay Element                      Basis                               Basis          Period

Basic Pay                        Current SCP, for contractual        Frozen basis   12 months
                                 hours only.

                                 If there is uncertainty about the
                                 number of contractual hours,
                                 an average of the
                                 hours worked over the 12
                                 weeks prior to the
                                 reduction (excluding
                                 holidays/sickness) shall be
                                 taken.

Week-end enhancements            Only contractual hours; if          Frozen         12 months
                                 working pattern is
                                 irregular, average over 12
                                 weeks as above

Night work                       Only contractual, if                Frozen         12 months
Premium payment                  working pattern is
                                 irregular, average over 12
                                 weeks as above

Contractual Overtime and                                             Frozen         12 months
Standby payment

Home telephone                                                                      3 months
Allowance


3.5     No other element of the pay package will be protected under this Scheme, although
        Conditions of Employment will be protected unless the redeployment is to a post
        governed by different National Conditions of Service, when the new conditions
        will apply immediately.

        Implementation of the pay protection

3.6     The pay protection will be granted as a pay supplement, which will be the
        difference between the pay of the old post and the pay of the new post (the
        contractual basic pay plus any contractual enhancements). The pay supplement will
        be calculated in accordance with the provisions of paragraph 3.4 and will be
        superannuable.

3.7      The weekly/fortnightly/monthly amount of pay to be payable during the period of
        protection (the total contractual pay applicable to the new post plus the pay
        protection supplement) will remain fixed for the duration of the periods of
        protection, except where:



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FOR CONSULTATION                            FINAL VERSION (as at 26th November 2010)



        a.       The contractual pay relating to the new post increases due to an annual
        pay award, incremental progression or similar, in which case the pay protection
        supplement will be reduced by an equivalent amount;

        b.        An employee‟s new contractual pay is increased for some other reason
        e.g. the post is subsequently regraded or the employee moves temporarily or
        permanently to another post attracting a higher level of pay. Here again the pay
        supplement will be reduced by an equivalent amount.

        c.         On the expiry of the period(s), as appropriate, of protection, or where
        the contractual pay applicable to the new post increases by a sum which exceeds
        the amount of pay protection originally granted, whichever occurs earliest, pay
        protection will cease.

3.8     Where an employee‟s earnings in the post increase on a non-contractual basis due
        to, for example, overtime or shifts being worked on an ad hoc or temporary basis,
        such additional earnings will not be taken into account for the purposes of reducing
        the pay protection supplement. Where such earnings become contractual in nature,
        the pay protection supplement will be reduced.

Withdrawal of the pay protection

3.9     Pay protection under the provisions of this Scheme shall be withdrawn by the
        Council where:

        (a)    An employee unreasonably refuses, in the view of the Council, to move to a
        suitable alternative post which may reduce or eliminate the need to pay protection
        and/or improve operational effectiveness

        Protection of pension benefits

3.10    Pay rotection arrangements will apply in accordance with the LGPS regulations.

4.       Interpretation

4.1     In the event of any doubt arising regarding the interpretation of any aspect of this
        Scheme, the matter must be referred to the Head of Human Resources, who, in
        consultation with the trade unions, will take a decision to resolve the issue. There is
        no right of appeal.

5.        Review

        The Scheme will be jointly reviewed on a periodic basis. The Authority may
        terminate the Scheme, by giving 3 months notice without prejudicing the position
        of the employees already granted pay protection under the Scheme.




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FOR CONSULTATION                           FINAL VERSION (as at 26th November 2010)


                                                                          APPENDIX G

Overtime and Weekend Working Payments

Workforce Strategy Proposal:

The introduction of revised overtime and weekend working payments.

Groups affected:

Those employed under the NJC for Local Government Services.

This provision does not apply to those persons employed under the JNC for Chief
Executives and Chief Officers, the JNC for Youth and Community Workers, the Soulbury
Agreement and Teachers as these groups are not currently in receipt of enhanced
payments for working additional hours or working on the weekend as part of the normal
working week.

It will also be the intention of the Council to recommend these proposals to School
Governing Bodies for adoption in relation to relevant school support staff.

Proposal:

It is proposed that the following overtime and unsocial hours working payments are made
(no change is proposed to Public and Extra Statutory Holiday payments):

(a) Additional Hours

    Employees who are required to work additional hours beyond the standard working
    week of 37 hours will be paid at:

    Monday to Friday                               Time plus 30%

    Saturday and Sunday                            Time plus 30%

    Public and                                     Double time
    Extra Statutory holidays                       (min 2 hours)

    Part-time employees are entitled to these “premium payments” only at times and in
    circumstances in which full-time employees would qualify. Otherwise, a full working
    week for full-time employees shall be worked by a part-time employee before the
    additional payments apply.

    If requested by an employee, time off in lieu (TOIL) may be granted by the employee‟s
    manager, after taking into account the needs of the service. The same level of
    enhancement will apply to TOIL as in the case of a claim for payment being made. An
    accumulation of TOIL equivalent to more than one normal / average working day for
    the employee concerned will not be permissible.




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    Note: The above TOIL provision applies only if the employee if not covered by the
    flexi scheme.

(b) Saturday and Sunday Working As Part Of A Normal Working Week

    Employees who are required to work on Saturday and/or Sunday as part of their normal
    working week will be paid at the rate of plain time plus 30%.

    Agreed interpretation of above clause
    For an employee to have Saturday and or Sunday as “part of their normal working
    week” they must have these days rostered into their working arrangements/pattern.

(e) Other non-standard working patterns

    Free and Rest Day Working within the standard 37 hour week:

    An employee who is required to work on their free and/or rest days will be paid plain
    time on a Monday to Friday, and plain time plus 30% on a Saturday or Sunday.




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FOR CONSULTATION                             FINAL VERSION (as at 26th November 2010)


                                                                            APPENDIX H
Car Mileage Payment Rates

Workforce Strategy Proposal:

The introduction of new mileage rate payments with effect from 1st April 2011.

Groups affected:

Those employed under the NJC for Local Government Services, the JNC for Chief
Executives and Chief Officers, the JNC for Youth and Community Workers and the
Soulbury Agreement.

It will also be the intention of the Council to recommend these proposals to School
Governing Bodies for adoption in relation to all teachers and school support staff.


Proposal:
It is proposed that the following payments are made in respect of mileage rates


            Tax - Rates per business mile
Type of vehicle First 10,000 miles Over 10,000 miles
Cars and vans 40p                  25p
Motorcycle      11p


There will be no lump sum payments made regardless of the size of the vehicle driven.

These new rates will replace all existing rates.




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FOR CONSULTATION                           FINAL VERSION (as at 26th November 2010)


                                                                               APPENDIX I
Independent Safeguarding Authority Fees

Workforce Strategy Proposal:

The cost of any ISA fees to be borne by all relevant employees/new starters.

Background information:

The Independent Safeguarding Authority

       As a result of the Soham murders, the subsequent Bichard Enquiry led to the
        Safeguarding Vulnerable Groups Act 2006, which provided for the establishment
        of a new „Vetting and Barring Scheme‟ that would ensure that the Scheme provides
        significant safeguards by ensuring that everyone working in a „regulated activity‟
        with children or vulnerable adults is checked and registered with the ISA.

       A new body, the Independent Safeguarding Authority, was set up to make decisions
        regarding who should be barred from working with vulnerable groups. This body
        will maintain a single list of people barred from working with children and a single
        list relating to people barred from working with vulnerable adults.

       Anyone wanting to work or volunteer regularly with children or vulnerable adults
        will be required by law to become registered with the ISA, and employers would be
        legally required to check that new employees are registered.

       The intention is that ISA registration is required only once throughout the person‟s
        total employment and, therefore, is portable between employers. The one off ISA
        registration fee was set at £64 for a paid employee which includes ISA registration
        to work either with children or vulnerable adults or both, plus the fee for an
        Enhanced CRB Disclosure.

       The ISA recommends that the individual meets the cost of ISA registration as it
        would be a one off payment and is portable between employers.

Delay in implementation

       The Home Secretary, Theresa May, issued a statement on 15th June 2010 to the
        House of Commons which confirms the stated intention of the Coalition
        Government to review the Vetting & Barring and Criminal Records regimes to
        ensure that they are scaled back to “common sense” levels.
       The scope and timing of the remodel are expected to be finalised shortly and the
        Criminal Records Bureau will communicate any updates as soon as more
        information is available.

Proposals:

       That if and when ISA registration is implemented, new starters (permanent and
        temporary) to the Authority and existing members of staff (permanent and



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FOR CONSULTATION                            FINAL VERSION (as at 26th November 2010)


        temporary) who require ISA Registration should pay the fee (to be repaid over four
        payments over four months if monthly paid, and over sixteen payments, if 2 week
        paid.

       If someone leaves employment before the end of the repayment period, the monies
        due will be recovered in the final salary payment.

       In relation to casual workers, in order to be „on the books‟ to be offered „as and
        when‟ casual work, individuals would be required to provide a cheque payment
        with the ISA application form before it can be process (or of course provide their
        ISA registration which they may already hold in any case).

       Relief teachers currently pay for their own CRB check and it is recommended that
        they also pay for their ISA registration as it is not guaranteed that they will be
        employed in Neath Port Talbot County Borough Council.

       Based on the number of Enhanced CRBs currently required for positions within the
        Authority and should the fee remain at £64 per individual, it will cost the Authority
        £351,000 for ISA registration.


Further information is set out in the Council‟s Vetting and Barring Scheme Guidance –
March 2010.




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FOR CONSULTATION                           FINAL VERSION (as at 26th November 2010)


                                                                             APPENDIX J
Disturbance allowance

Workforce Strategy Proposal:

The cessation of the Council‟s current disturbance allowance payment scheme, subject to
any existing commitments to individual employees being honoured until the agreed date of
expiry of existing payments, and the introduction of a revised scheme as set out in
Appendix L.

Groups affected:

Those employed under the NJC for Local Government Services, the JNC for Chief
Executives and Chief Officers, the JNC for Youth and Community Workers and the
Soulbury Agreement.

It will also be the intention of the Council to recommend these proposals to School
Governing Bodies for adoption in relation to Teachers and school support staff.

Current term and condition:

       Employees who are transferred to another work location can claim additional miles
        travelled each day (return journey), the difference between the journey from home
        to the former workplace and from home to the new workplace.
       The additional number of daily return miles are reimbursed at the rate of 19.0 pence
        per mile.
       The allowance is claimed by completing a Disturbance Allowance Application
        form followed by weekly or monthly claims forms.
       The allowance is paid for a period of 30 months subject to conditions.

This scheme applies to all employees of the Council, with the exception of those
employees on a casual contract and those who are employed by schools operating with
fully delegated personnel powers.

Implications of withdrawal of current scheme

Those currently in receipt of the allowance: no implications for employees currently in
receipt. The allowance will continue to be paid in line with the terms of the scheme as set
out for the agreed period (subject to conditions as set out in the scheme).

.




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FOR CONSULTATION                            FINAL VERSION (as at 26th November 2010)


                                                                             APPENDIX K
Standby Payments

Workforce Strategy Proposal:

To harmonise standby payments across all services within the Council. This is to be
delivered within existing / available budgets which are currently allocated to existing
standby by arrangements.

Why is the action being proposed?

Current payments associated to existing standby arrangements differ between services and
may therefore be seen as benefiting different groups of employees.

What are the general principles proposed as a part of this review?

    1. That all employees will be treated equal for carrying out the same work for the
       same period of time. Therefore, as the standby payment is paid in recognition that
       the employee is expected to be available to respond to a call for the specified time
       period, all employees are providing the same service and will receive equal
       payments regardless of their substantive post. The payment will only differ based
       on the hours required by the different standby rotas.

    2. No additional money will be made available to fund the outcome of this review.
       The existing funding associated with standby payments across all services will be
       combined and shared accordingly to fund the revised payments. Any savings
       identified would assist with the current financial situation.

    3. Standby will be non-contractual for pensionable purposes. There will be some
       protection for those who will no longer benefit from the additional payments
       currently being made.. This protection is based on the ability to claim the best three
       years from the last thirteen when calculating pension payments.

    4. There will be no call out hours built into standby payments. It will be for service
       managers to manage call out hours.

Financial Information

All figures are based on 2009/10 actual spend.

The total funding allocated to standby payments (once any built in call out hours are
removed) throughout the Council is £316,889.10. However this includes all Building
Services funding, the majority of which is associated with budgets that will no longer be
available once the transfer to NPT Homes has been finalised.

With the relevant Building Services budgets removed the funding available is reduced to
£257,350. When distributed equally between the hours associated with the current standby
arrangements this equates to £1.03 per hour or £134.94 per week for standby where the
weekly hours worked are 131. Any standby rotas of fewer hours will be paid pro rata.



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 FOR CONSULTATION                                    FINAL VERSION (as at 26th November 2010)


 The savings identified as a result of making these payments non-pensionable is
 approximately £46,000, it is proposed to utilise £13,000 of this to enhance payments for
 public and extra statutory holidays (hours defined as from 00.01hrs to 24.00hrs). Based on
 this, an enhanced payment for public and extra statutory holidays would equate to £49.44
 per 24 hour day and £74.16 for Christmas Day.

 Table 1 below exemplifies these payments based on a full week of standby of 131 hours.

 Table 1
Basis    Mon          Tues       Wed        Thurs Fri           Sat      Sun      Bank     Christmas
                                                                                  Hol      Day
16.6 hrs    £17.10    £17.10     £17.10     £17.10     £17.10
24 hrs                                                          £24.72   £24.72   £49.44   £74.16

 The remaining £33,000 will make a contribution towards the Council‟s Workforce
 Strategy.

 Additional Information

 Call out (where an employee needs to leave the home) will be paid at the relevant pay
 grade associated with the work undertaken, or the employee may chose to claim time off in
 lieu of payment (TOIL). The compensatory time off provisions of the Working Time
 Directive will apply, as relevant.

 Each employee on a standby rota must make him/herself available to work in accordance
 with the requirements of the relevant standby rota to receive payment. A minimum of 14
 days notice must be given by an employee to indicate his/her wish to withdraw from
 standby working to ensure that sufficient time is available to put in place a suitable
 replacement.

 The standby payment will be reviewed jointly every three years.

 The purpose of this review is to harmonise current standby payments and not service
 needs. Each Head of Service will be required to review existing standby arrangements to
 determine both service needs and the method/s of delivering that element of the service.

 Implementation

 This review relies on the pooling of budgets across several services. Many of these
 services would have already committed some of these funds. It is therefore proposed to
 implement the revised standby payments at the start of the 2011/12 financial year.




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FOR CONSULTATION                           FINAL VERSION (as at 26th November 2010)


                                                                            APPENDIX L


Mobility and Flexibility, incorporating revised disturbance allowance payments


Workforce Strategy Proposal:

The incorporation of an appropriate mobility and flexibility clause into the contract of
employment of all employees. This proposal complements the Council‟s Management of
Change in Partnership Policy, Recruitment & Selection Policy, Secondment Policy and
prior consideration arrangements.


Groups affected:

Those employed under the NJC for Local Government Services, the JNC for Chief
Executives and Chief Officers, the JNC for Youth and Community Workers and the
Soulbury Agreement.

It will also be the intention of the Council to recommend these proposals to School
Governing Bodies for adoption in relation to Teachers and school support staff, as
appropriate.


Current terms and conditions:

The Council‟s current Statement of Particulars contains the following clause:

“Mobility

Your place of work/fixed centre is as described above. However, the Authority has the
right to transfer you either temporarily or permanently to any of its establishments at any
other location within the Service you are employed. If the Authority wishes to exercise this
right in the case of a permanent transfer this will be subject to:

        the proposal being discussed with you;
       your domestic and family circumstances being taken into consideration.

Whilst you will be employed at your present workplace, the Authority reserves the right to
require you to work in other locations within the County Borough Council‟s boundaries,
should the circumstances arise.”


Proposal:

The Mobility Clause referred to overleaf to be included within the contract of employment
of all employees within the scope of this Agreement:




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FOR CONSULTATION                            FINAL VERSION (as at 26th November 2010)


        “Mobility

        Your post and place of work / fixed centre are as described above. However, the
        Council has the right to transfer you to the same or a different job, either
        temporarily or permanently, in any of its establishments at any other location or
        service area within the current administrative boundaries of this Council, Bridgend
        County Borough Council and the City and County of Swansea to maximise the
        efficient and effective delivery of Council services and facilitate the Welsh
        Assembly Government‟s objective of greater collaborative working between local
        authorities and across the public sector.

        If the Council decides that it wishes to exercise this right, this will be subject to
        discussion with you which will include:

                    your domestic and family circumstances being taken into consideration;
                    the nature of the work to be undertaken;
                    your knowledge, skills, experience and qualifications;
                    the alternative post being graded differently by no more, and no less,
                     than one pay grade (pay protection will apply if the new post is graded
                     lower)
                    the distance of the move in terms of location;
                    the hours of work;
                    the business need for the move;
                    the duration or permanent nature of the move;
                    the timescale for the move; and
                    the selection process if appropriate

        A disturbance allowance payment of 19.0 pence per mile will be paid other than for
        the first five miles (each way) of any additional home/work/home journeys arising
        each day from a change of work location for employees on NPT pay grades 1 to 5
        (inclusive), and other than for the first ten miles (each way) for employees on NPT
        pay grade 6 and above. This payment will be for a maximum duration of 18
        months”.




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