Police Negotiating Board for Scotland: constitution

Part One – Conciliation Process

4. When a failure to agree has been formally registered in accordance with the constitution, the Chairperson or the PNBS Secretariat may remit the matter to Acas for conciliation. With a view to seeking a voluntarily agreed recommendation to be reported back to the Board as a basis for reaching a settlement.

5. The Official Side and the Staff Side will be the parties to the conciliation and should separately record the issues in dispute on the prescribed form [see Appendix 1].

6. Acas will convene a second-stage conciliation meeting with the parties within 21 days of the matter being remitted to them by the Chairperson or the PNBS Secretariat.

7. The conciliation commencement may be extended by a further 14 days by mutual agreement of the parties.

8. Acas will liaise with the parties to determine a suitable date and location for conciliation.

9. Three rooms should be available for use during the conciliation process. One of the rooms should be large enough to accommodate the parties should a joint meeting be necessary.

10. The conciliation will commence with the conciliator being apprised of the nature of the dispute. The conciliator will determine whether this session is conducted jointly with the parties or separately with each.

11. In conciliation, Acas will discuss the issues as recorded on the prescribed form with the parties. The purpose of these conciliation talks will be to determine whether any modification of the positions outlined by the parties can be achieved to enable a consensus or agreement to be reached.

12. It is essential that each party ensures that personnel with the necessary authority to make decisions attend conciliation.

13. Acas will regulate the procedure for conciliation and have sole discretion on the conduct of the meeting.

14. At the end of the conciliation process, Acas will summarise and agree the position with the parties. The summary will include:-

a) Whether the issue(s) in dispute is/are resolved;

b) Whether conciliation is suspended to allow the parties to review their position;

c) Whether some of the issues in dispute are resolved;

d) Whether the parties agree that the matter be referred to arbitration.

15. A copy of the summary of the conciliation process should be sent by Acas to the Chairperson.

16. If the outcome of the conciliation is that the parties agree that the matter is to be referred to arbitration, the Board must agree the referral, or the Chairperson of the Board may refer the matter to arbitration without the agreement of the Board. The parties must agree draft Terms of Reference for the arbitration as part of the conciliation process.