Addition of trade union nominees to the boards of college institutions: consultation

Policy Proposals to Add Trade Union Nominees to the Boards of College Institutions

This consultation paper seeks comments on proposals that would deliver governance changes to the boards of management of the incorporated colleges, the Glasgow Colleges' Regional Board and the Lanarkshire Board. These proposals describe how trade union members are to be appointed and states their term of office, and are set out below.

As a consequence of the changes in relation to trade union nominees, the proposals also increase the minimum and maximum number of board members for the various types of board. There is a statutory requirement for boards to have a majority of non-executive members over executive members. A table demonstrating what these changes mean for overall board composition can be found underneath the proposals below.

This consultation contains a proposal to amend Schedule 2 of the Further and Higher Education (Scotland) Act 1992 ("the 1992 Act") to alter the constitution of the board of management of New College Lanarkshire to make provision for trade union representatives on its board. The proposal provides that there will one nomination for trade union representatives from teaching staff and one nomination from support staff across both, New College Lanarkshire and South College Lanarkshire. This proposal balances the need to introduce trade union representatives on to boards with the need to ensure that board sizes are manageable, while still ensuring a majority of non-executive members. Although it will alter the unique arrangement where there exists equal representation between both colleges on the board of management, consideration has been given to the manageability of the board. A table illustrating the proposed changes to the composition of the Board of New College Lanarkshire can be found underneath the proposals below.

To add trade union nominees to boards of college institutions requires changes to both the Further and Higher Education (Scotland) Act 1992 and the Further and Higher Education (Scotland) Act 2005. For ease, the proposals have been labelled 'Proposal A' and 'Proposal B', both of which are required to achieve adding trade union nominees to boards of college institutions.

Proposal A

Proposals to amend the Further and Higher Education (Scotland) Act 1992 to make provision for trade union representatives on the boards of management of regional and assigned colleges.

We propose to amend Schedule 2 of the 1992 Act to:

• increase the maximum number of members of a board of management of a regional college^[1], and increase the minimum and the maximum number of members of the board of assigned colleges;
• make provision for trade union representatives on the boards of management of regional and assigned colleges^[2], namely one person nominated by a trade union from among the teaching staff of the college, and one person nominated by a trade union from among the support staff of the college;
• require that the nominating trade union must either be recognised by the board of management or appear to the board to be representative of staff of the college[s]
• provide that the nomination process is conducted in accordance with rules made by the board, and the board must consult any trade union before making, varying or replacing those rules;
• specify that trade union representatives on a college board are to hold office for a period of up to 4 years, with length of term decided upon by the trade union, and will be eligible for reappointment, and
• specify that the trade union representative must vacate office on ceasing to be either a member of staff of the college or a member of the trade union.

Proposal A (i)

We also propose to amend Schedule 2 of the 1992 Act to alter the constitution of the Lanarkshire Board to:

• increase the minimum and maximum number of members on the Lanarkshire Board and make provision for trade union representatives, namely one person nominated by a trade union from among the teaching staff, and one person nominated by a trade union from among the support staff, of both New College Lanarkshire and South College Lanarkshire;
• require that the nominating trade union must either be recognised by the Lanarkshire Board or appear to the board to be representative of staff of both colleges;
• provide that the nomination process must be conducted in accordance with rules made by the Lanarkshire Board, and the board must consult any trade union before making, varying or replacing those rules;
• specify that trade union representatives on a college board are to hold office for a period of up to 4 years, with length of term decided upon by the trade union, and will be eligible for reappointment, and
• specify that trade union representatives must vacate office on ceasing to be either a member of staff at one of the board's colleges or a member of the trade union.

Proposal B

Proposals to amend the Further and Higher Education (Scotland) Act 2005 to make provision for trade union representatives on regional boards.

We propose to amend the Schedule 2 (B) of the Further and Higher Education (Scotland) Act 2005 ("the 2005 Act") to:

• increase the minimum number of members of a regional board and increase the maximum number of other members which the board can appoint
• make provision for trade union representatives on regional boards, namely one person nominated by a trade union from among the teaching staff, and one person nominated by a trade union from among the support staff, from among the regional board's colleges;
• require that the nominating trade union must either be recognised by the regional board or appear to the regional board to be representative of the board's colleges;
• provide that the nomination process must be conducted in accordance with rules made by the board, and the board must consult its colleges and any trade union before making, varying or replacing those rules;
• specify that trade union representatives on a college board are to hold office for a period of up to 4 years, with length of term decided upon by the trade union, and will be eligible for reappointment, and
• specify that trade union representatives must to vacate office on ceasing to be either a member of staff at one of the board's colleges or a member of the trade union.